United States Second Circuit - December 2002 Opinion Summaries
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Showing Result 1 - 10 of 28
| Description | Date | Docket # |
|---|---|---|
US v. MENDEZUnited States Second Circuit
Criminal Law & ProcedureEvidence was properly admitted under the "inevitable discovery" exception to the exclusionary rule, where it would have been discovered in a valid... |
12/31/2002 | 02-1100 |
PRATS v. THE PORT AUTH. OF NEW YORK & NEW JERSEYUnited States Second Circuit
Injury & Tort Law, Labor & Employment LawThe question whether inspections of construction work fall within the scope of New York Labor Law section 240(1) is certified to the New York Court of... |
12/31/2002 | 02-7212 |
OCEAN SHIPS, INC. v. STILESUnited States Second Circuit
Ethics & Professional Responsibility, Legal Malpractice, RemediesIn a legal malpractice claim against a lawyer who failed to perfect on time a meritorious appeal challenging personal jurisdiction, the district court... |
12/24/2002 | 02-7936 |
PROFITNESS PHYSICAL THERAPY CTR. v. PRO-FIT ORTHOPEDIC & SPORTS PHYSICAL THERAPY P.C.United States Second Circuit
Commercial Law, Consumer Protection Law, Intellectual Property, TrademarkDefendant in an action for trademark infringement, trademark dilution, and unfair competition under the Lanham Act, was not entitled to summary... |
12/24/2002 | 01-7874 |
US v. SIMPSONUnited States Second Circuit
Criminal Law & Procedure, Sentencing, Immigration LawThe rule of lenity applies to the U.S.S.G., but section 2L1.2(b) is not ambiguous and the district court was warranted in imposing an enhancement due... |
12/24/2002 | 02-1059 |
FASHION BOUTIQUE OF SHORT HILLS, INC. v. FENDI STORES, INC.United States Second Circuit
Commercial Law, Consumer Protection Law, Evidence, Injury & Tort LawPlaintiff failed to put forward sufficient evidence that defendants' actions constituted "commercial advertising or promotion" under the Lanham Act.... |
12/23/2002 | 00-9094 |
MOHAMMED v. RENOUnited States Second Circuit
Administrative Law, Immigration LawThe 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... |
12/20/2002 | 02-2443 |
US v. CARRASCOUnited States Second Circuit
Criminal Law & Procedure, Sentencing, Immigration LawDownward departures on "lesser harm" (U.S.S.G. section 5K2.11) and "exceptional family circumstances" (section 5K2.0) grounds were unavailable in a... |
12/20/2002 | 01-1646 |
TAYLOR v. VERMONT DEP'T OF EDUC.United States Second Circuit
Civil Rights, Education Law, Family LawA mother, whose parental right to participate in her daughter's education had been revoked by a Vermont family court, lacked standing to pursue... |
12/20/2002 | 01-7566 |
FRIEDMAN v. SALOMON/SMITH BARNEY, INC.United States Second Circuit
Antitrust & Trade Regulation, Class Actions, Securities LawDismissal of a class action, alleging that defendants participated in a price-fixing scheme concerning the sale of securities, was proper as... |
12/20/2002 | 01-7207 |
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