United States Second Circuit - June 2005 Opinion Summaries

Folksamerica Reinsurance Co. v. Clean Water of N.Y.

Admiralty, Contracts, Insurance Law
In an insurance contract dispute, the district court erred in concluding that it was without admiralty jurisdiction under 28 U.S.C. section 1333(1)...

Chosun Int'l, Inc. v. Chrisha Creations, Ltd.

Copyright, Intellectual Property
Dismissal of plaintiff's suit for failure to state a viable copyright infringement claim is reversed where the district court failed to conduct a...

Boatswain v. Gonzales

Criminal Law & Procedure, Immigration Law
Denial of plaintiff's application for naturalization as a U.S. Citizen is affirmed where he cannot demonstrate good moral character since he has...

Schulz v. IRS

Constitutional Law, Tax Law
An indictment under 26 U.S.C. section 7210 shall not lie and contempt sanctions under 26 U.S.C. section 7604(b) shall not be levied based on...

US v. Bermudez

Criminal Law and Procedure, Sentencing

Sorensen v. City of NY

Civil Procedure
A notice of appeal from a judgment that is favorable to plaintiff does not serve to appeal from a subsequent amended judgment which vacates the prior...

Cayuga Indian Nation v. Pataki

Civil Procedure, Indian Law, Property Law & Real Estate, Remedies
An award to tribal plaintiffs for the late-eighteenth-century dispossession of their land is reversed where plaintiffs' possessory land claim is...

US v. Tesoriero

Criminal Law and Procedure, Sentencing

1-800 Contacts, Inc. v. Whenu.com, Inc.

Cyberspace Law, Intellectual Property, Trademark
Defendant's "pop up" advertisements, which appear on computer screens contemporaneously with the appearance of plaintiff's internet website, do not...

Independence Party of Richmond v. Graham

Constitutional Law, Elections, Remedies
Defendant-Board of Election's appeal from the grant of a preliminary injunction, which required it to permit plaintiff to open its primary election to...