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United States Second Circuit - October 2002 Opinion Summaries

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Description Date Docket #

CARTON v. RENO

United States Second Circuit
Labor & Employment Law
Even if the Privacy Act of 1974 applies to plaintiff's situation, in which his employer investigated his misconduct without first contacting him, the...
10/31/2002 01-6010

GOODRICH CORP. v. TOWN OF MIDDLEBURY

United States Second Circuit
Environmental Law
The district court's decision to allocate shares of a corporate coalition's response costs, incurred in cleaning up hazardous waste, to the municipal...
10/30/2002 01-6014, 01-6016, 01-6018

RESIDENTIAL FUNDING CORP. v. DEGEORGE FIN. CORP.

United States Second Circuit
Civil Procedure, Sanctions
Where a discovery obligation is breached by the non-production of evidence, a District Court has broad discretion in fashioning an appropriate...
10/30/2002 01-9282

HARRIS v. PROVIDENT LIFE AND ACCIDENT INS. CO.

United States Second Circuit
Contracts, Insurance Law
Where genuine issues of material fact exist as to whether plaintiff is permanently disabled from working as an anesthesiologist, and entitled to...
10/29/2002 01-9265

MOHAMMED v. RENO

United States Second Circuit
Administrative Law, Immigration Law
The heightened standard for a stay of deportation, imposed by section 242(f) of the INA, 8 U.S.C. section 1252(f) (2000), is inapplicable where a...
10/28/2002 02-2443

US v. BELLO

United States Second Circuit
Criminal Law & Procedure, Sentencing
The imposition of a condition of probation, a bar on television-viewing during a ten-month period of home detention, for the stated purpose of...
10/28/2002 01-1682

GLINKA v. MURAD

United States Second Circuit
Bankruptcy Law
Because post-petition setoff would be particularly inappropriate where, as here, the transfer of property was fraudulent and the transferee acted...
10/28/2002 01-7998

HUNTINGTON HOSP. v. SHALALA

United States Second Circuit
Administrative Law, Health Law
In this challenge to the payment determinations for Medicare reimbursement of hospitals, the government is directed to recalculate the challenged...
10/28/2002 01-6095 , 01-6097

ACE CAPITAL RE OVERSEAS LTD. v. CENT. UNITED LIFE INS. CO.

United States Second Circuit
Contracts, Dispute Resolution & Arbitration, Insurance Law
A clause incorporated in a reinsurance agreement, requiring arbitration, was broad and encompassed disputes regarding fraudulent inducement and...
10/21/2002 01-9449

FREDERICK v. WARDEN, LEWISBURG CORR. FACILITY

United States Second Circuit
Criminal Law & Procedure, Habeas Corpus
A waiver of collateral attack rights in a plea agreement did not preclude consideration of a habeas petition attacking the plea agreement itself, but...
10/18/2002 00-2544

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