United States Second Circuit - December 2009 Opinion Summaries

Wilner v. Nat'l. Sec. Agency

Administrative Law, Civil Procedure, Communications Law, Constitutional Law, Cyberspace Law, Government Law, Military Law
In a Freedom of Information Act (FOIA) action filed by attorneys for Guantanamo Bay detainees seeking information regarding whether the government...

US v. MacPherson

Criminal Law & Procedure, Sentencing
Defendant's drug distribution sentence following a guilty plea is affirmed where: 1) the agreement and the plea colloquy put the defendant on notice...

General Star Nat'l Ins. Co. v. Universal Fabricators, Inc

Contracts, Injury & Tort Law, Insurance Law
In an action by an insurer seeking a declaration that defendant-excess insurer was required to reimburse plaintiff for part of a settlement of a...

Kirschner v. KPMG LLP

Bankruptcy Law, Corp. Governance, Corporation & Enterprise Law
In an action brought by the trustee of a litigation trust, resulting from a bankruptcy proceeding, in which the trustee alleged misconduct by...

Fulton v. Goord

Civil Rights, Criminal Law & Procedure, Government Law, Health Law
In an action under the Americans with Disabilities Act and the Rehabilitation Act regarding defendants' alleged failure to accommodate plaintiff's...

New York v. Nuclear Reg. Comm'n

Administrative Law, Environmental Law
In a petition for review of the Nuclear Regulatory Commission's denial of rulemaking petitions filed by Massachusetts and California, the petition is...

In re: DeMell

Ethics & Disciplinary Code, Ethics & Professional Responsibility
The recommendation of the Court's Committee on Attorney Admissions and Grievances that an attorney be publicly reprimanded is adopted where: 1) the...

Palacios v. Burge

In a murder prosecution, the denial of petitioner's habeas petition alleging ineffective assistance of counsel is affirmed where 1) it was not...

US v. Frankel

Criminal Law & Procedure, Sanctions
In a wire fraud prosecution, the court of appeals' prior order relieving appointed counsel as a sanction for defendant's misconduct is vacated where...

Tuccio v. Marconi

Civil Rights, Constitutional Law, Government Law
In a 42 U.S.C. section 1983 action claiming that a town selectman violated plaintiff's right to petition the government under the First Amendment by...