United States Second Circuit - March 2005 Opinion Summaries

Encyclopaedia Universalis v. Encyclopaedia Britannica, Inc.

Contracts, Dispute Resolution & Arbitration, International Law
Denial of plaintiff's motion to confirm an arbitration award is affirmed where the appointment of a third arbitrator was premature, and, therefore,...

US v. Rubenstein

Criminal Law & Procedure, Environmental Law, Sentencing
Defendants' sentence for violating the Clean Air Act is vacated where the district court erred by considering state permitted requirements, that are...

US v. Lewter

Criminal Law & Procedure
Defendant's drug conviction is affirmed over his claim that his right to a fair trial was violated by the denial of his request to review his pretrial...

McCauley v. Trans Union

Civil Procedure, Constitutional Law
Plaintiff's rejection of an offer of judgment under Fed. R. Civ. P. 68 does not moot the case so that entry of judgment in favor of defendant is...

Role v. Eureka Lodge No. 434

Labor and Employment Law, Workers Compensation

US v. D'Oliveira

Criminal Law & Procedure, Sentencing
Defendant's sentence for a drug conviction is reversed in light of US v. Booker, 125 S. Ct. 738 (2005).

US v. Brown

Criminal Law & Procedure, Sentencing
The district court abused its discretion by prohibiting defendant, as a condition on probation, from incurring any form of debt without obtaining the...

Krause v. Titleserv, Inc.

Copyright, Intellectual Property
In a copyright infringement dispute concerning a computer program, summary judgment in favor of defendant is affirmed where it was entitled to the...

MOSHIER v. US

Criminal Law and Procedure, Habeas Corpus

WATERKEEPER ALLIANCE, INC. v. EPA

Administrative Law, Environmental Law, Water Law
A regulation promulgated by defendant-EPA, which controls the emission of water pollutants from concentrated animal feeding operations, violates the...