United States Second Circuit - November 2004 Opinion Summaries

CARMONA v. US

Criminal Law and Procedure, Sentencing, Habeas Corpus

LAIF X SPRL v. AXTEL

Corporation & Enterprise Law, Dispute Resolution & Arbitration, International Law
In a shareholder dispute, the district court did not err in refusing to issue an order compelling defendant to arbitrate, and it did not abuse its...

THAI v. US

Criminal Law and Procedure, Sentencing

PLAYTEX PROD. INC. v. GEORGIA-PACIFIC CORP.

Intellectual Property, Trademark
Dismissal of plaintiff's trademark infringement claim is affirmed where 1) the challenged junior trademark is not confusingly similar to the senior...

US v. SINGH

Criminal Law & Procedure, Sentencing
Defendant's conviction for health care fraud is affirmed, however, his sentence is vacated in regard to the calculation of the loss upon which the...

RODRIGUEZ v. SCHRIVER

Constitutional Law, Criminal Law & Procedure, Habeas Corpus
Plaintiff's petition for a writ of habeas corpus is denied over his challenge that the prosecutor in his trial unlawfully exercised peremptory...

US v. ASPINALL

Criminal Law & Procedure, Sentencing
Defendant's sentence of imprisonment, imposed after she violated the terms of her probation, is affirmed over her challenges that she was denied due...

GREEN PARTY OF NEW YORK v. NEW YORK BD. OF ELECTIONS

Elections, Government Law, Remedies
In a challenge to New York's voter enrollment scheme, which removes a party's name from the voter registration form when its candidate fails to...

ZAPPULLA v. PEOPLE OF THE STATE OF NEW YORK

Criminal Law & Procedure
Defendant's murder conviction is vacated where the wrongful admission of defendant's confession, taken in violation of his Miranda rights, was not...

GUTIERREZ v. MCGINNIS

Criminal Law & Procedure, Habeas Corpus
When a state appellate court conducts an explicit harmless error analysis of a claim, a habeas court must evaluate whether that analysis was an...