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United States Second Circuit - October 2005 Opinion Summaries

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Description Date Docket #

Turner Constr. Co. v. Ace Prop. & Cas. Ins. Co.

United States Second Circuit
Construction, Insurance Law
Damage attributable to the action of rain should not be subject to different insurance policy deductibles depending on how the rain entered the...
10/31/2005 04-6641

Davis v. Greiner

United States Second Circuit
Criminal Law & Procedure, Habeas Corpus
Denial of plaintiff's petition for a writ of habeas corpus is affirmed where the unreasonable performance of his counsel did not prejudice him.
10/28/2005 04-4087

Sash v. Zenk

United States Second Circuit
Criminal Law & Procedure, Habeas Corpus
Denial of plaintiff's petition for habeas corpus is affirmed over his claim that the good time credited to his sentence should be calculated...
10/27/2005 04-6206

Majid v. Portuondo

United States Second Circuit
Criminal Law & Procedure, Habeas Corpus
Denial of plaintiffs' applications for writs of habeas corpus are affirmed over their claim that the State utilized peremptory challenges of...
10/27/2005 03-2608

US v. Cassese

United States Second Circuit
Criminal Law & Procedure, Securities Law
The grant of defendant's motion for judgment of acquittal, following his conviction for securities fraud, is affirmed where the government failed to...
10/24/2005 03-1710

US v. Cohen

United States Second Circuit
Criminal Law & Procedure, Sentencing
Defendant's sentence for a drug conviction is vacated where he is entitled to a remand to permit the district court to decide whether to resentence...
10/21/2005 04-0983

Aurecchione v. Schoolman Transp. Syst.

United States Second Circuit
Attorney's Fees, Civil Procedure, Civil Rights, Injury & Tort Law, Labor & Employment Law
Dismissal of plaintiff's complaint for lack of subject matter jurisdiction is reversed where his claim, which alleges that Title VII allows a party...
10/19/2005 04-0561

US v. Fuller

United States Second Circuit
Criminal Law & Procedure, Sentencing
Defendant's sentence for illegal possession of a firearm is vacated and remanded for resentencing in accordance with US v. Fagans, 406 F.3d 138 (2d...
10/18/2005 04-4595

Jeffreys v. City of New York

United States Second Circuit
Civil Procedure, Evidence
At the summary judgment stage, when a plaintiff relies almost exclusively on his own testimony, a district court may, for the purposes of determining...
10/18/2005 03-257

US v. Yakobowicz

United States Second Circuit
Criminal Law & Procedure, Evidence, Tax Law
Defendant's conviction for filing false federal excise tax returns is vacated where district court allowed argumentative summations at the conclusion...
10/17/2005 04-0201

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