United States Second Circuit - September 2002 Opinion Summaries

PATEL v. SEARLES

Civil Rights, Constitutional Law, Criminal Law & Procedure
In alleging that a police chief and detective concocted and disseminated false evidence about him in a criminal investigation, plaintiff alleged facts...

LORIA v. CITY OF ROCHESTER

Civil Rights, Criminal Law & Procedure, Injury & Tort Law
A police officer was entitled to qualified immunity to claims of false arrest and false imprisonment, but not to Fourth Amendment claims to the extent...

CSX TRANSP. v. NEW YORK STATE OFFICE OF REAL PROP. SERVS.

Constitutional Law, Property Law & Real Estate, Transportation
In passing the Railroad Revitalization and Regulatory Reform Act of 1976, Congress abrogated the states' Eleventh Amendment immunity pursuant to its...

US v. CRISPO

Criminal Law & Procedure, Sentencing
A trustee in bankruptcy is an "officer" within the contemplation of the obstruction of justice statute, 18 U.S.C. section 1503(a). To justify upward...

NIAGARA MOHAWK POWER CORP. v. FED. ENERGY REGULATORY COMM'N

Administrative Law, Public Utilities
A utility's claim against the New York State Public Service Commission, for violation of the Public Utility Regulatory Policies Act of 1978, was...

BANK BRUSSELS LAMBERT v. FIDDLER GONZALEZ & RODRIGUEZ

Civil Procedure, Contracts, Injury & Tort Law
The New York long-arm statute provides jurisdiction over a Puerto Rican law firm in an action for breach of fiduciary duty and breach of contract, and...

COLLINS v. NEW YORK CITY TRANSIT AUTH.

Civil Rights, Contracts, Dispute Resolution & Arbitration, Labor & Employment Law
A negative arbitration decision rendered under a collective bargaining agreement does not preclude a Title VII action by a discharged employee, but a...

DE KWIATKOWSKI v. BEAR STEARNS & CO, INC.

Injury & Tort Law, Professional Malpractice, Securities Law
Insufficient evidence supported a finding that a broker undertook any role triggering a duty to volunteer advice and warnings between transactions to...

ADIRONDACK TRANSIT LINES, INC. v. UNITED TRANSP. UNION, LOCAL 1582

Contracts, Dispute Resolution & Arbitration, Labor & Employment Law
An employer was not required to arbitrate its dispute with a union over its attorneys' preparation fees, because an arbitration clause contained an...

KRIMSTOCK v. KELLY

Civil Rights, Constitutional Law, Property Law & Real Estate
Plaintiffs' due process rights were violated by the post- seizure, pre-judgment retention of vehicles absent a prompt opportunity to challenge the...