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United States Second Circuit - August 2002 Opinion Summaries

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SPARACO v. LAWLER, MATUSKY, SKELLY, ENGINEERS LLP

United States Second Circuit
Intellectual Property, Copyright, Property Law & Real Estate
A land surveyor and planner's site plan included specific expression and realization of ideas, the copying of which could constitute an infringement...
08/29/2002 99-9519, 01-9199/9289

RYAN v. MILLER

United States Second Circuit
Criminal Law & Procedure, Habeas Corpus
A police officers' testimony was hearsay containing an implicit accusation against petitioner, in violation of the Confrontation Clause, and a state...
08/29/2002 01-2122

AMORGIANOS v NAT'L R.R. PASSENGER CORP.

United States Second Circuit
Evidence, Injury & Tort Law, Labor & Employment Law
The district court's method of evaluating the reliability of plaintiffs' experts, in claims arising from work-related injuries, did not constitute a...
08/28/2002 01-7508

WESTERBEKE CORP. v. DAIHATSU MOTOR CO., LTD.

United States Second Circuit
Contracts, Dispute Resolution & Arbitration
An arbitrator did not act in manifest disregard of New York law when it interpreted a sales agreement as a contract with a condition precedent, rather...
08/28/2002 01-9224

US v. RICHARDS

United States Second Circuit
Criminal Law & Procedure, Sentencing
Convictions and sentences are affirmed where 1) an offense alleged in an indictment was the same as that for which defendant was convicted, 2)...
08/27/2002 01-1144/1314/1315

US v. REYES

United States Second Circuit
Criminal Law & Procedure
Where evidence was sufficient that a reasonable jury could conclude the defendant intentionally joined a conspiracy to transport stolen airbags, and...
08/26/2002 01-1258

US v. JACKSON

United States Second Circuit
Criminal Law & Procedure, Sentencing
Because escape amounts to a violent felony under 18 U.S.C. section 924(e), the district court properly sentenced defendant as an armed career...
08/23/2002 01-1049

US v. RUSSO

United States Second Circuit
Criminal Law & Procedure, Evidence
Evidence of defendants' involvement in an organized crime family was relevant and was admissible under the hearsay exception for statements of a...
08/23/2002 99-1481/1502

HARRIS TRUST & SAV. BANK v. JOHN HANCOCK MUT. LIFE INS. CO.

United States Second Circuit
Contracts, ERISA, Insurance Law, Labor & Employment Law
Defendant's refusal to permit an employer to roll over free funds under a formula different from that called for in a group annuity contract, and...
08/20/2002 01-7608

US v. GONZALEZ-ROQUE

United States Second Circuit
Criminal Law & Procedure, Immigration Law
A collateral challenge to a deportation order fails as a matter of law, where defendant failed to 1) exhaust his administrative remedies under of 8...
08/20/2002 01-1509

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