United States Second Circuit - January 2003 Opinion Summaries

DRAKE v PORTUONDO

Criminal Law & Procedure, Evidence, Habeas Corpus
In a claim for wrongful conviction based on perjured testimony under the Due Process Clause of the Fourteenth Amendment, petitioner made a showing of...

US v. KEIGUE

Criminal Law & Procedure, Sentencing
The district court's error, in calculating defendant's offense level using the expired version of the Guidelines in effect on the date the offense was...

US v. CROWLEY

Criminal Law & Procedure, Sentencing
Evidence was sufficient for a jury to find that defendant took a substantial step towards the completed offense of aggravated sexual abuse, with the...

VASQUEZ v. PARROTT

Criminal Law & Procedure, Habeas Corpus
Prisoner's first petition, seeking release from detention due to delay in state appellate review, did not count in determining whether a later...

HIGGINS v. METRO-NORTH R.R. CO.

Injury & Tort Law, Labor & Employment Law
A co-worker's alleged conduct, which can be imputed to the employer under respondeat superior, was insufficient for an intentional infliction of...

COVANTA ONONDAGA LTD. v. ONONDAGA COUNTY RESOURCE RECOVERY AGENCY

Bankruptcy Law, Civil Procedure
Where case was initially removed from state court under 28 U.S.C. section 1452 as related to bankruptcy, then remanded back to state court based on...

IN RE: U.S. LINES, INC.

Bankruptcy Law, Civil Procedure, Injury & Tort Law
Bankruptcy court's order, expunging tort claims against debtors for asbestos exposure, is affirmed, as the statute of limitations had expired and...

IN RE GRAND JURY SUBPOENAS

Civil Procedure, Ethics & Professional Responsibility, Evidence
Work product claim, unsupported by any in camera identification or submission of responsive documents, was too conclusory to show a real concern that...

SHEPPARD v. BEERMAN

Civil Rights, Labor & Employment Law
42 U.S.C. section 1983 claim, alleging termination in violation of the First and Fourteenth Amendments, was not actionable where a law clerk failed to...

DEMARIA v. ANDERSEN

Corporation & Enterprise Law, Cyberspace Law, Securities Law
An electronically filed prospectus' inaccurate summary of material contained in printed prospectus could not form the basis for a claim under section...