United States Second Circuit - October 2008 Opinion Summaries

Roberts v. Babkiewicz

Civil Procedure, Civil Rights, Criminal Law & Procedure
In a 42 U.S.C. section 1983 action alleging malicious prosecution, dismissal of the action is reversed where it was unclear that the criminal charge...

Ladouceur v. Credit Lyonnais

ERISA, Labor & Employment Law
In an ERISA action alleging a breach of fiduciary duty based on changes to an employee benefit plan, summary judgment for defendants is affirmed where...

Connecticut v. Am. Elec. Power Co.

Civil Procedure, Constitutional Law, Environmental Law, Injury & Tort Law, Property Law & Real Estate, Public Utilities
In an action seeking abatement of defendants' ongoing contributions to the public nuisance of global warming, the dismissal of the complaint is...

Murray v. Metro. Life Ins. Co.

Civil Procedure, Class Actions, Ethics & Professional Responsibility, Insurance Law
In an action alleging fraud in connection with the demutualization of defendant life insurance company, disqualification of defense counsel on the...

Doyle v. Am. Home Prods. Corp.

Civil Procedure, Drugs & Biotech, Injury & Tort Law, Product Liability
In a product liability action against a drug manufacturer, dismissal of the action as untimely is affirmed where a prior dismissal of an identical...

Jova v. Smith

Civil Rights, Constitutional Law, Criminal Law & Procedure
In an action by prisoners claiming that defendant prison personnel infringed their right to practice their religion under the Religious Land Use and...

Bustamante v. Napolitano

Civil Procedure, Immigration Law
In an Immigration and Nationality Act section 1447(b) action seeking to have the district court determine plaintiff's naturalization application,...

Frontera Resources Azerbaijan Corp. v. State Oil Co. of Azerbaijan

Civil Procedure, Constitutional Law, Contracts, Dispute Resolution & Arbitration, Government Law, International Law
In a petition to confirm a Swedish arbitral award against the government of Azerbaijan, dismissal of the petition for lack of jurisdiction is reversed...

Dunlap v. Burge

Criminal Law & Procedure, Evidence, Habeas Corpus
In a robbery prosecution, grant of petitioner's habeas petition is reversed where the district court erred in failing to accord the deference required...

Caiozzo v. Koreman

Civil Rights, Constitutional Law, Criminal Law & Procedure, Health Law, Injury & Tort Law
In a 42 U.S.C. section 1983 action for deliberate indifference to a prisoner's medical needs, summary judgment for defendants is affirmed where the...