United States Second Circuit - May 2005 Opinion Summaries

DL Capital Group v. Nasdaq Stock Market, Inc.

Securities Law
There is no fraud exception to the absolute immunity extended to self-regulatory organizations when they engage in conduct consistent with the...

Bear, Stearns & Co. v. 1109580 Ontario, Inc.

Dispute Resolution & Arbitration, Securities Law
Plaintiff's motion to confirm an arbitration award is affirmed over defendant's claim that the arbitrators acted in manifest disregard of the law.

St. Paul Fire and Marine Ins. v. Univ. Builders Supply

Civil Procedure, Insurance Law
In a diversity action where an insurer and the insured are plaintiffs and the insurer has paid only part of the loss incurred by the insured, if the...

Henry v. Poole

Criminal Law & Procedure, Habeas Corpus
Denial of plaintiff's petition for a writ of habeas corpus is reversed where he received ineffective assistance of counsel when his trial attorney...

Zheng v. Ashcroft

Constitutional Law, Immigration Law
Plaintiff's petition for review is denied over her claim that she was prejudiced in her appeal before the Board of Immigration Appeals by her...

Whab v. US

Criminal Law & Procedure, Habeas Corpus
Plaintiff's motion to file a "second or successive" petition for writ of habeas corpus is dismissed as moot where the petition is not "second or...

Freedom Holdings, Inc. v. Spitzer

Antitrust & Trade Regulation, Constitutional Law, Remedies
Denial of plaintiff-cigarette importers' motion for a preliminary injunction, seeking to prevent enforcement of New York Legislation that imposes...

Syms v. Olin Corp.

Environmental Law, Injury & Tort Law
In a suit to recover cost related to the clean up of hazardous substances, judgment in favor of defendant is affirmed where plaintiff is not eligible...

A.R. v. N.Y. Dep't of Educ.

Attorney's Fees, Civil Procedure, Education Law
For the award of attorneys' fees under the Individuals with Disabilities Education Act, a settlement of an administrative proceeding is the equivalent...

At&T Corp. v. Sprint Corp.

Civil Procedure, Communications Law, Evidence
In a dispute between telephone companies, denial of a motion to intervene, seeking access to confidential documents protected by a Protective Order,...