United States Second Circuit - January 2010 Opinion Summaries

Keach v. Cty. of Schenectady

Attorney's Fees, Ethics & Disciplinary Code, Ethics & Professional Responsibility, Sanctions
In an appeal from a district court's order denying plaintiff's motion to recuse the district judge, the appeal is dismissed where the district court...

US v. Rossi

Criminal Law & Procedure, Sentencing
In an insurance fraud prosecution, the district court's amended restitution order is affirmed where the provisions of the governing statute in this...

Bolarinwa v. Williams

Criminal Law & Procedure, Habeas Corpus, Health Law
In a murder prosecution, dismissal of petitioner's habeas petition as untimely is vacated where petitioner's mental illness could serve as a ground...

Farid v. Ellen

Administrative Law, Civil Rights, Constitutional Law, Criminal Law & Procedure, Government Law
In a prisoner's challenge to a prison's rules regarding contraband and smuggling as applied to a pamphlet he possessed, summary judgment for...

Hayden v. Pataki

Civil Rights, Constitutional Law, Criminal Law & Procedure, Elections
In a Due Process and Equal Protection Clause challenge to New York's felon disenfranchisement laws, judgment on the pleadings for defendants is...

Bounds v. Pine Belt Mental Health Care Resources

Civil Procedure, Drugs & Biotech, Health Law, Injury & Tort Law, Product Liability
In a product liability action based on injuries plaintiff allegedly sustained by taking defendant's drug, the district court's order dismissing...

Weintraub v. Bd. of Educ.

Civil Rights, Constitutional Law, Education Law, Government Law, Labor & Employment Law
In an action claiming that a school district violated plaintiff-teacher's First Amendment rights by retaliating against him based on his filing of a...

Berlin v. Middlebrooks

Commercial Law, Constitutional Law, Property Law & Real Estate
In a First Amendment challenge to an ordinance that regulated the operation of sexually oriented businesses, a preliminary injunction in favor of...

In re Morgan Stanley Info. Fund Secs. Litig.

Banking Law, Civil Procedure, Securities Law
In a securities fraud action alleging that defendant bank failed to make certain disclosures relating to the mutual funds it offered, the dismissal of...

Hanrahan v. Riverside Nursing Home

Civil Procedure, Labor & Employment Law
In an employment discrimination action, the dismissal of the complaint based on the res judicata effect of a prior state administrative proceeding is...