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United States Second Circuit - February 2004 Opinion Summaries

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Description Date Docket #

BRENNAN'S, INC. v. BRENNAN'S REST., LLC

United States Second Circuit
Intellectual Property, Trademark
Plaintiff's motion for a preliminary injunction, made during the pendency of its trademark infringement suit against owners of a New York City...
02/26/2004 03-7382

LUTWIN v. THOMPSON

United States Second Circuit
Administrative Law, Class Actions, Constitutional Law, Government Benefits, Health Law
The Medicare statute requires Home Health Agencies to give written notice before they reduce or terminate home health services for any reason. The Due...
02/26/2004 01-6269

RIVERKEEPER, INC. v. COLLINS

United States Second Circuit
Administrative Law, Civil Procedure, Environmental Law
Court lacks subject matter jurisdiction over the Nuclear Regulatory Commission decision denying plaintiff's request that the licensing of the two...
02/24/2004 03-4313

EVANGELISTA v. ASHCROFT

United States Second Circuit
Criminal Law & Procedure, Habeas Corpus, Immigration Law, Tax Law
Italian alien's petition for a habeas writ preventing his deportation was properly dismissed. He is deportable because he was convicted of an offense...
02/23/2004 03-2019

RIVERKEEPER, INC. v. EPA

United States Second Circuit
Administrative Law, Environmental Law, Water Law
Insofar as it allows compliance through "restoration measures," defendant's Regulation Addressing Cooling Water Intake Structures for New Facilities...
02/23/2004 02-4005, 02-4047, 02-4057, 02-4093, 02-4153, 02-4163, 03-40213

US v. LEIVA-DERAS

United States Second Circuit
Criminal Law & Procedure, Immigration Law, Sentencing
In sentencing a Salvadoran alien convicted of illegally reentering the US after deportation, district court erred in failing to apply a 16-level...
02/17/2004 02-1628

BANK OF CHINA, NEW YORK BRANCH v. NBM LLC

United States Second Circuit
Banking Law, Contracts, Evidence, Injury & Tort Law
In order to prevail in a civil RICO action predicated on any type of fraud, the plaintiff must establish "reasonable reliance" on the defendants'...
02/17/2004 02-9267

ZAREMBA v. GEN. MOTORS CORP.

United States Second Circuit
Evidence, Injury & Tort Law, Product Liability
The testimony of plaintiffs' experts, who failed to draw, model, or test their allegedly safer alternative automobile design, was properly excluded...
02/13/2004 03-7565

US v. CITY OF NEW YORK

United States Second Circuit
Civil Rights, Government Benefits, Labor & Employment Law
Plaintiffs, welfare recipients obliged to participate in New York City's Work Experience Program, are employees within the meaning of Title VII, and...
02/13/2004 02-6102

US v. HARRIS

United States Second Circuit
Constitutional Law, Criminal Law & Procedure
18 U.S.C. section 2252A(a)(5)(B), which prohibits the possession of child pornography, is a proper exercise of Congress's powers under the Commerce...
02/12/2004 03-1342

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