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United States Second Circuit - February 2003 Opinion Summaries

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Description Date Docket #

NEW YORK PUB. INTEREST RESEARCH GROUP v. WHITMAN

United States Second Circuit
Administrative Law, Environmental Law
The EPA's decision to approve New York's Title V permit program, as well as its decision not to issue a Notice Of Deficiency as required by the Clean...
02/28/2003 02-4033, 02-4073, 02-4075, 02-4077

RUDENKO v. COSTELLO

United States Second Circuit
Criminal Law & Procedure, Habeas Corpus
In 16 consolidated habeas appeals under 28 U.S.C. section 2254, because the cases involve petitioners who were convicted of a variety of unrelated...
02/27/2003 99-2242

GANDARILLA v. ARTUZ

United States Second Circuit
Criminal Law & Procedure, Habeas Corpus
Due to lack of clarity as to whether a habeas petition has been rejected for merits-based reasons or for lack of exhaustion, the matter is remanded to...
02/27/2003 99-2423

US v. GAMMARANO

United States Second Circuit
Criminal Law & Procedure, Sentencing
Because the revocation of supervised release clearly applied only to defendant's New York conviction and not to the Louisiana conviction, defendant's...
02/27/2003 02-1499

MIRANDA v. BENNETT

United States Second Circuit
Criminal Law & Procedure, Habeas Corpus
Certificate of appealability held in abeyance while the district court identifies the grounds on which it denied a petition, insofar as it asserted...
02/27/2003 99-2718

COVANTA ONONDAGA LTD. v. ONONDAGA COUNTY RESOURCE RECOVERY AGENCY

United States Second Circuit
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...
02/27/2003 02-9107

SEC v. BERGER

United States Second Circuit
Civil Procedure, Securities Law
Where defendant's fraud was primarily perpetrated in the United States, the District Court properly determined that it had subject matter jurisdiction...
02/27/2003 01-6254

IN RE: BANK OF NEW YORK DERIVATAVE LITIGATION

United States Second Circuit
Banking Law, Civil Procedure, Corp. Governance, Corporation & Enterprise Law, Securities Law
Where plaintiffs did not hold stock in defendant bank at the time of alleged wrongdoing, they lack standing to bring a derivative lawsuit, even under...
02/26/2003 01-9470

US v. CARPENTER

United States Second Circuit
Criminal Law & Procedure, Sentencing
A downward departure granted by the district court was unwarranted, in part because of the mandate in Carpenter I, that defendant shall be sentenced...
02/26/2003 01-1503

CICIO v. VYTRA HEALTHCARE

United States Second Circuit
ERISA, Health Law, Professional Malpractice
ERISA does not preempt claims arising out of defendant's decision to deny the plaintiff's deceased spouse preauthorization for a requested medical...
02/26/2003 01-9248

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