United States Second Circuit - February 2010 Opinion Summaries

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Description Date Docket #

US v. Savoca

United States Second Circuit
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...
02/25/2010 08-4610

Kone v. Holder

United States Second Circuit
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...
02/25/2010 08-1445

De La Rosa v. Holder

United States Second Circuit
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...
02/25/2010 09-3099

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

United States Second Circuit
Environmental Law, Injury & Tort Law, Oil and Gas Law, Property Law & Real Estate
(Industry: Manufacturing)

In an action to recover costs pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), summary judgment for...
02/24/2010 08-3843

Perkins v. Herbert

United States Second Circuit
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...
02/23/2010 08-1490

Law Debenture Trust Co. v. Maverick Tube Corp.

United States Second Circuit
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...
02/19/2010 08-5668

Gorzynski v. JetBlue Airways Corp.

United States Second Circuit
Civil Rights, Labor & Employment Law
(Industry: Aerospace & Defense)

In an employment discrimination action based on claims that plaintiff suffered a hostile work environment, age discrimination, and retaliation for...
02/19/2010 07-4618

US v. Walker

United States Second Circuit
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...
02/18/2010 08-3874

Service Employees Int'l., Inc. v. Director, Offc. of Wkrs.' Comp. Program

United States Second Circuit
Administrative Law, Government Benefits, Government Contracts, Government Law, Health Law, Labor & Employment Law
In a petition for review of an order of the Benefits Review Board of the Department of Labor awarding claimant compensation under the Defense Base Act...
02/18/2010 08-2515

In re: Saghir

United States Second Circuit
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...
02/18/2010 09-90017