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United States Second Circuit - August 2008 Opinion Summaries

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US v. Stein

United States Second Circuit
Attorney's Fees, Constitutional Law, Criminal Law & Procedure, Securities Law, Tax Law
Dismissal of indictment of thirteen former partners of the accounting firm KPMG for creating fraudulent tax shelters is affirmed where: 1) the...
08/28/2008 073042

Fuentes v. Bd. of Education of City of New York

United States Second Circuit
Civil Procedure, Education Law, Government Law
The question of whether a biological and non-custodial parent of a disabled child has standing to sue under the Individuals with Disabilities Act, is...
08/26/2008 064715p.pdf

US v. Whitley

United States Second Circuit
Criminal Law & Procedure, Government Law
In a criminal law matter, petition for review of decision denying rehearing is denied where the court declined to depart from the literal wording of...
08/26/2008 06-0131

Fidelity and Guaranty Ins. Underwriters, Inc. v. Jasam Realty Corp.

United States Second Circuit
Civil Procedure, Contracts, Injury & Tort Law, Insurance Law
In an insurance claims case related to a personal injury action, judgment for plaintiff-insurer is vacated and remanded where: 1) the district court's...
08/26/2008 06-4738, 06-4741

Pinto-Montoya v. Mukasey

United States Second Circuit
Constitutional Law, Evidence, Immigration Law
Petition to review decision affirming removal to Guatemala is denied where the petitioners' contact with plainclothes immigration officials did not...
08/26/2008 05-6541

"R" Best Produce, Inc. v. DiSapio

United States Second Circuit
Civil Procedure, Constitutional Law, Contracts, Government Law
In a contract dispute brought under the Perishable Agricultural Commodities Act of 1930 (PACA) regarding the sale of fruits and vegetables, order...
08/26/2008 070954

Williamson v. Recovery Ltd. P'ship

United States Second Circuit
Admiralty, Civil Procedure, Contracts
In maritime claim against defendants for alleged nonpayment of contracts, decision in favor of plaintiffs is affirmed where: 1) the contracts between...
08/22/2008 07-0548

Price v. New York State Bd. of Elections

United States Second Circuit
Constitutional Law, Elections, Government Law
In a challenge to state law prohibiting the use of absentee ballots in elections for county committee members brought under the First Amendment, grant...
08/22/2008 07-5367

US v. Mundy

United States Second Circuit
Criminal Law & Procedure
Conviction for possession of marijuana with intent to distribute and possessing a firearm in the furtherance of a drug crime is affirmed over claim...
08/21/2008 06-1190

Miller v. Mukasey

United States Second Circuit
Immigration Law
Petition for review of decision reinstating removal to Jamaica is denied where when an alien chooses not to avail himself of available administrative...
08/21/2008 06-1680

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