United States Second Circuit - February 2010 Opinion Summaries

De La Rosa v. Holder

Administrative Law, Immigration Law
In a petition for review of the BIA's order denying petitioner's application for deferral of removal under the Convention Against Torture, the...

US v. Savoca

Criminal Law & Procedure, Sentencing
Defendant's amended sentence for attempted robbery is affirmed where: 1) an obstruction of justice enhancement applied to conduct that occurred with...

Kone v. Holder

Administrative Law, Immigration Law
In a petition for review of a denial of petitioner's asylum application, the petition is granted where the BIA improperly shifted the burden of proof...

Niagara Mohawk Power Assn. v. Chevron U.S.A., Inc.

Environmental Law, Injury & Tort Law, Oil and Gas Law, Property Law & Real Estate
In an action to recover costs pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), summary judgment for...

Perkins v. Herbert

Criminal Law & Procedure, Evidence, Habeas Corpus
In a robbery prosecution, conditional grant of petitioner's habeas petition is reversed where: 1) the prosecution failed to meet its burden in showing...

Law Debenture Trust Co. v. Maverick Tube Corp.

Contracts, Corporation & Enterprise Law, M&A, Securities Law
In an action for breach of contract, unjust enrichment, and tortious interference with contract based on defendant's refusal to allow certain of its...

Gorzynski v. JetBlue Airways Corp.

Civil Rights, Labor & Employment Law
In an employment discrimination action based on claims that plaintiff suffered a hostile work environment, age discrimination, and retaliation for...

In re: Saghir

Ethics & Disciplinary Code, Ethics & Professional Responsibility
The Second Circuit removes an attorney from the bar of the court of appeals, pursuant to the court's reciprocal discipline rule, on the ground that...

Rodriguez v. Atkinson, Haskins, Nellis, Brittingham, Gladd & Carwile, P.C.

Attorney's Fees, Contracts, Ethics & Disciplinary Code, Ethics & Professional Responsibility
In an appeal from the district court's order awarding attorneys' fees after an infant compromise hearing, the award is affirmed where: 1) the district...

US v. Walker

Criminal Law & Procedure, Sentencing
Defendant's firearm possession sentence is affirmed where: 1) the modified categorical approach applicable in the Second Circuit to prior convictions...