United States Second Circuit - March 2003 Opinion Summaries

BYAM v. BARNHART

Government Benefits
District court erred in granting summary judgment where (1) it failed to recognize and apply the burdens against the moving party, (2) it misapplied...

REID v. HOLMES

Criminal Law & Procedure, Habeas Corpus, Immigration Law
For purposes of 8 U.S.C. section 1101(a)(48)(B), plaintiff was imprisoned for five years despite his having absconded for one day from work release,...

FERRELLI v. RIVER MANOR HEALTH CARE CTR.

Civil Procedure, Health Law
Federal Rule of Civil Procedure 17(c) does not requires courts to inquire into the necessity of appointing a guardian ad litem absent verifiable...

US v. BURGOS

Criminal Law & Procedure, Sentencing
The district court's refusal to depart downward for family circumstances is dismissed for want of jurisdiction. The facts do not support the...

LAWRENCE v. COHN

Corp. Governance, Corporation & Enterprise Law, Securities Law
In action pursuant to Section 10(b) of the Securities and Exchange Act of 1934, plaintiffs have failed to state a claim because they have failed to...

SEC v. BERGER

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...

US v. ESTRADA

Criminal Law & Procedure, Evidence
Where there was sufficient evidence of two distinct conspiracies to distribute illegal drugs, the denial of a motion to dismiss several counts of two...

COOK v. NEW YORK STATE DIV. OF PAROLE

Criminal Law & Procedure, Habeas Corpus
State prisoners who wish to mount a federal habeas challenge to the revocation of their parole must do so under 28 U.S.C. section 2254 rather than 28...

UNITED FOR PEACE AND JUSTICE v. CITY OF NEW YORK

Constitutional Law
Order denying a permit for a protest march past the United Nations is affirmed where plaintiff has not demonstrated a "clear" or "substantial"...

IN RE: PENNIE & EDMONDS LLP

Civil Procedure, Sanctions
Where a sua sponte Rule 11 sanction denies a lawyer the opportunity to withdraw the challenged document pursuant to the "safe harbor" provision of...