United States Second Circuit - December 2003 Opinion Summaries

US v. SMITH

Criminal Law & Procedure, Sentencing
The date on which the supervised release violation was committed, not the date on which the defendant is sentenced, determines which version of 28...

RATLIFF v. DAVIS POLK & WARDWELL

Civil Procedure, Securities Law
If the documents sent to defendant by an auditing firm to secure legal advice were entitled to protection, such protection was lost when the auditor...

NLRB v. LOCAL 32B-32J SERV. EMPLOYEES INT'L UNION, AFL-CIO

Labor & Employment Law
The record does not support plaintiff's conclusion that the "picket line clause" agreed upon by defendant and the employer is a "hot cargo" provision...

ZHENG v. LIBERTY APPAREL CO. INC.

Corporation & Enterprise Law, Labor & Employment Law
Because of the broad definition of "employ" given in the Fair Labor Standards Act (FLSA), 29 U.S.C. section 203(g), an entity's exercise of an...

US v. RYBICKI

Criminal Law & Procedure, Insurance Law
18 U.S.C. section 1346 is not unconstitutionally vague as applied to the facts of this case, in which the defendants arranged for secret gratuities to...

US v. COOPER

Civil Procedure, Criminal Law & Procedure, Sanctions
The summary contempt power of FRCP rule 42(b) was impermissibly used where the allegedly contemptuous activity was failure to produce an affidavit,...

STONE v. COURTYARD MGMT. CORP.

Injury & Tort Law
In a personal injury action arising out of an accident involving a hotel's automatic door, summary judgment dismissing the negligence claim against...

DALLAS AEROSPACE, INC. v. CIS AIR CORP.

Commercial Law, Contracts
Summary judgment was properly granted to defendant on claims of breach of contract, fraudulent misrepresentation, and negligent misrepresentation. The...

US v. REYES

Criminal Law & Procedure, Evidence
District court improperly granted defendant's motion to suppress two statements he made during his arrest. Because the arresting officer asked...

COWAN v. BREEN

Constitutional Law
In a section 1983 action based on alleged excessive and fatal force used by an officer, qualified immunity for the officer is denied over claims the...