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United States Second Circuit - November 2002 Opinion Summaries

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Description Date Docket #

PERLMAN v. US DEP'T OF JUSTICE

United States Second Circuit
Administrative Law, Immigration Law, Government Law
Information in a report, investigating allegations of misconduct in operation of an INS program, fell under certain Freedom of Information Act privacy...
11/25/2002 01-6219

US v. SILLEG

United States Second Circuit
Criminal Law & Procedure, Sentencing
The diminished capacity of a defendant in a child pornography case may form the basis for a downward departure where the requirements of U.S.S.G....
11/25/2002 01-1615

CHALK v. KUHLMANN

United States Second Circuit
Criminal Law & Procedure, Habeas Corpus
Because proceedings, as to which counsel rendered assertedly ineffective assistance, involved a discretionary appeal subsequent to a first appeal as...
11/22/2002 00-2165

GOLDEN v. WINJOHN TAXI CORP.

United States Second Circuit
Injury & Tort Law, Labor & Employment Law
The question whether, under N.Y.C. Admin. Code section 19-530(l), a taxicab medallion owner can be vicariously liable for negligence of a cab driver...
11/21/2002 01-9121

MONEGASQUE DE REASSURANCES S.A.M. v. NAK NAFTOGAZ OF UKRAINE

United States Second Circuit
Civil Procedure, Contracts, International Law
Application of the doctrine of forum non conveniens, to dismiss a petition seeking confirmation of an arbitral award under the provisions of the...
11/18/2002 01-7947/9153

HOTEL EMPLOYEES & REST. EMPLOYEES UNION v. CITY OF NEW YORK DEP'T OF PARKS & RECREATION

United States Second Circuit
Constitutional Law, Labor & Employment Law, Property Law & Real Estate
A city owned-plaza was not a traditional public forum, and a performing arts center's policy (and its application to a union's proposed activities)...
11/18/2002 01-7602

TIGUE v. US DEP'T OF JUSTICE

United States Second Circuit
Administrative Law, Tax Law, Government Law
A memorandum, prepared for an IRS task force by a U.S. Attorney, and outlining opinions and recommendations as to criminal tax investigations, was a...
11/15/2002 01-6243

WALLACE v. NASH

United States Second Circuit
Criminal Law & Procedure, Habeas Corpus
A conviction for an inmate's "possession" of a weapon (Prohibited Acts Code, 28 C.F.R. section 541.13) may not properly be predicated on the injurious...
11/14/2002 01-2402

US v. GLENN

United States Second Circuit
Criminal Law & Procedure
Drawing all evidentiary inferences in the government's favor, no rational trier of fact could have found that the government's evidence proved...
11/14/2002 01-1602

DRAEGERT v. BARNHART

United States Second Circuit
Administrative Law, Government Benefits, Labor & Employment Law
The Commissioner of Social Security did not meet her burden of proving that a disability insurance benefits claimant had vocational skills that were...
11/14/2002 01-6185

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