United States Second Circuit - January 2009 Opinion Summaries

Mendis v. Filip

Immigration Law
In an immigration matter, petition to review decision ordering removal of petitioner to the U.K. under 8 U.S.C. section 1231(b)(2)is granted where the...

US v. Castello

Asset Forfeiture, Criminal Law & Procedure, Remedies
In a conviction for failure to file Currency Transaction Reports (CTR) in violation of 31 U.S.C. section 5313, 5322(a), district court's orders of...

Torres v. Donnelly

Criminal Law & Procedure, Ethics & Professional Responsibility, Habeas Corpus
In claim pursuant to 28 U.S.C. section 2254 arising from petitioner's state court robbery conviction, denial of writ of habeas corpus is affirmed...

In Re: American Express Merchants' Litigation

Administrative Law, Class Actions, Contracts, Dispute Resolution & Arbitration, Government Law
In a matter of first impression, decision holding that the enforceability of a class action waiver provision contained in the contract between parties...

Abdullahi v. Pfizer

Civil Procedure, Class Actions, Drugs & Biotech, Government Law, Health Law, Injury & Tort Law, International Law
In an action brought under the Alien Tort Statute (ATS) claiming that defendant-pharmaceutical company violated a customary international norm...

Gibbons v. Savage

Criminal Law & Procedure
In conviction for rape, incest, and endangering the welfare of a child, denial of petition for habeas corpus is affirmed where: 1) though the state...

Gorton v. Gettel

Education Law, Labor & Employment Law
In an employment matter in which plaintiff-counselor employee claimed repeated harassment from fellow teacher, denial of defendant-county board of...

US v. Irving

Criminal Law & Procedure, Sentencing
In conviction for receiving and possessing child pornography and traveling outside the U.S. with intent to engage in sexual acts with minors, order...

Maloney v. Cuomo

Constitutional Law, Government Law
In amended complaint seeking declaration that N.Y. Penal Law section 265 through 265.02 are unconstitutional for punishing possession of nunchakus in...

Pettus v. Morgenthau

Civil Procedure, Injury & Tort Law
In a complaint by prisoner-plaintiff challenging various aspects of the procedures that resulted in his confinement at a state correctional facility,...