United States Second Circuit - April 2008 Opinion Summaries

City of New York v. Beretta U.S.A. Corp.

Commercial Law, Constitutional Law, Criminal Law & Procedure, Government Law
In an action involving the Protection of Lawful Commerce in Arms Act (PLCAA), which provides that any "qualified civil liability action that is...

Singh v. City of New York

Civil Rights, Constitutional Law, Government Law, Labor & Employment Law
The mere carrying of inspection documents without any other active employment related responsibilities while commuting is not work under the Fair...

Singh v. City of New York

Civil Rights, Constitutional Law, Government Law, Labor & Employment Law
The mere carrying of inspection documents without any other active employment related responsibilities while commuting is not work under the Fair...

In re: Penn Traffic Co.

Bankruptcy Law, Commercial Law, Contracts, Debt Collection
A non-debtor party to a contract which is executory at the time a bankruptcy case is commenced cannot, by post-petition tender or performance of its...

Ross v. Bank of America, N.A.

Antitrust & Trade Regulation, Banking Law, Commercial Law, Consumer Protection Law, Contracts, Dispute Resolution & Arbitration
In an appeal involving whether mandatory arbitration clauses found in credit card contracts issued by defendants, assuming they were products of...

County of Nassau v. Leavitt

Administrative Law, Government Law, Health Law, Remedies
Denial of a preliminary injunction for defendants' alleged violation of the Ryan White Comprehensive AIDS Resources Emergency Act, arising from a...

US v. Williams

Criminal Law & Procedure, Sentencing
Sentence for conspiracy to possess with intent to distribute crack cocaine is vacated and remanded where the district judge committed procedural error...

US v. Negron

Criminal Law & Procedure, Evidence, Sentencing
In a case wherein the district court declined to resentence the defendant on a remand pursuant to US v. Crosby, 397 F.3d 103 (2005), the order is...

Mora v. People of the State of New York

Civil Procedure, Civil Rights, Criminal Law & Procedure, Government Law, Injury & Tort Law, International Law, Remedies
A state-party's failure to fulfill its obligation to inform a detained alien of the prospect of consular notification and access, pursuant to Article...

Matican v. City of New York

Civil Procedure, Civil Rights, Criminal Law & Procedure, Government Law, Injury & Tort Law
In a case wherein a participant in a police sting was later assaulted by the target of the sting, summary judgment for defendants on claims under42...