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United States Second Circuit - January 2004 Opinion Summaries

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Description Date Docket #

MUZE INC. v. DIGITAL ON DEMAND, INC.

United States Second Circuit
Civil Procedure, Dispute Resolution & Arbitration
Plaintiff's request to reinstate its case, initially made just six days after the expiration of the final settlement period, reasonably complied with...
01/30/2004 03-7444

BERNARD v. COUNTY OF SUFFOLK

United States Second Circuit
Constitutional Law
A political motive does not deprive prosecutors of absolute immunity from suit for authorized decisions made in the performance of their function as...
01/30/2004 02-9313

US v. MEJIA

United States Second Circuit
Criminal Law & Procedure
District court's ex parte response to a message from the jury was inappropriate, substantially erroneous and prejudicial to defendant. The court...
01/29/2004 02-1767

US v. VELEZ

United States Second Circuit
Criminal Law & Procedure, Evidence
Where a proffer agreement is entered into knowingly and voluntarily, a provision in which defendant waives his exclusionary privilege under Federal...
01/29/2004 02-1766

US v. REIMER

United States Second Circuit
Immigration Law
Defendant's US citizenship was properly revoked. Because he assisted in the persecution of Jews during World War II, he was ineligible to receive his...
01/27/2004 02-6286

FOUNTAIN v. US

United States Second Circuit
Criminal Law & Procedure, Habeas Corpus
Taxes owed to a government constitute "property" in its hands within the meaning of the federal mail and wire fraud statutes. Since the common law...
01/26/2004 03-2188

PRES. COALITION OF ERIE COUNTY v. FEDERAL TRANSIT ADMIN.

United States Second Circuit
Attorney's Fees, Environmental Law, Transportation
Defendant is subject to an award of attorneys' fees under the National Historic Preservation Act, limited to those fees associated with obtaining the...
01/26/2004 02-6198, 02-6208

PALMER v. OCCIDENTAL CHEM. CORP.

United States Second Circuit
Civil Rights, Labor & Employment Law
In a Title VII suit alleging racial discrimination in employment endeavors to assert a right of "interracial association," summary judgement to the...
01/23/2004 03-7179

TORRES v. WALKER

United States Second Circuit
Attorney's Fees
The 150% fee cap contained within the Prison Litigation Reform Act, 42 U.S.C. section 1997e(d)(2), does not apply to the "so-ordered" stipulation of...
01/23/2004 03-102

ISRAEL v. US

United States Second Circuit
Tax Law
Because amounts refundable by operation of the Earned Income Credit are deemed paid on April 15 of the year following the tax year in question,...
01/22/2004 03-6112

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