United States Second Circuit - August 2010 Opinion Summaries

US v. Barrie

Criminal Law & Procedure
Defendant's convictions for conspiracy to commit bank fraud and aggravated identity theft are affirmed where, as here, venue is appropriate for the...

Sinoying Logistics Pte Ltd. v. Yi Da Xin Trading Corp.

Admiralty, Asset Forfeiture, Civil Procedure, Commercial Law, Contracts, Transportation
In an action seeking to attach defendant's property in New York as pre-judgment security for a pending arbitration in Hong Kong, dismissal of the...

Luo v. Mikel

Health Law, Injury & Tort Law
In an action alleging serious injury sustained during an automobile accident within the meaning of New York Insurance Law section 5102(d), summary...

Bell v. Pfizer, Inc.

Contracts, ERISA, Labor & Employment Law
In an action for failure to provide ERISA benefits, judgment for defendants is affirmed where defendants' alleged misrepresentations concerned only...

Kurzberg v. Ashcroft

Civil Procedure, Civil Rights, Government Law, Immigration Law
In an action by five Israeli nationals who were illegally present in the United States on September 11, 2001, concerning certain alleged particulars...

US v. Pfaff

Tax Law, Criminal Law & Procedure, Sentencing
In a tax evasion prosecution, the fine imposed on one defendant is vacated where the district court plainly erred in imposing a fine, pursuant to 18...

In re: Zarnel

Bankruptcy Law, Civil Procedure
In an appeal from a district court's order dismissing a bankruptcy trustee's appeal for lack of standing and in the alternative affirming the...

Southern New England Tel. Co. v. Global Naps Inc.

Civil Procedure, Communications Law, Contracts, Sanctions
In an action by a telephone company seeking payment for services rendered pursuant to its federal tariff, summary judgment for plaintiff, a civil...

Holster v. Gatco, Inc.

Civil Procedure, Class Actions, Communications Law, Consumer Protection Law
In a class action under the Telephone Consumer Protection Act (TCPA), dismissal of the action for lack of subject matter jurisdiction is affirmed...

Bessemer Trust Co., N.A. v. Branin

Contracts, Labor & Employment Law, Remedies
In an action alleging that defendant illegally solicited his former clients at plaintiff, the Second Circuit certifies the following question to the...