United States Second Circuit - September 2010 Opinion Summaries

Cohen v. Viray

Civil Procedure, Corp. Governance, Corporation & Enterprise Law, Securities Law
In an objector's appeal from a settlement of a shareholder derivative suit, the order approving the settlement is vacated where the district court...

SEC v. Rajaratnam

Securities Law, Civil Procedure, Criminal Law & Procedure, White Collar Crime
In defendants' appeal from a discovery order of the district court compelling them to disclose to the SEC wiretapped conversations provided to them by...

US v. Folkes

Criminal Law & Procedure, Sentencing, Immigration Law
Defendant's sentence for illegal reentry and aggravated identity theft is vacated where the district court erred in its calculation of defendant's...

US v. Am. Soc. of Composers, Authors & Publishers

Cyberspace Law, Entertainment Law, Intellectual Property, Copyright, Media Law
In the American Society of Composers, Authors and Publishers' (ASCAP) appeal from the district court's ruling that a download of a digital file...

Norex Petro. Ltd. v. Access Indus., Inc.

Civil Procedure, Commercial Law, Corporation & Enterprise Law, Criminal Law & Procedure, Injury & Tort Law, International Law, International Trade, M&A
In a RICO action alleging injury arising from the activities of an international criminal enterprise, or more specifically, "a massive racketeering...

Swarna v. Al-Awadi

Government Law, Injury & Tort Law, International Law, Labor & Employment Law
In defendants' appeal from interlocutory orders and cross-appeal from a final judgment, granting plaintiff's motion for default judgment based on...

Carver v. City of N.Y.

Civil Rights, Gaming Law, Government Law, Labor & Employment Law
In an action by a recipient of public assistance against New York City for constitutional violations and violations of the minimum wage laws based on...

NML Capital v. Repub. of Argentina

Banking Law, Commercial Law, Government Law, International Law, Remedies
In an action to recover principal and interest owed by the Republic of Argentina on certain Floating Rate Accrual Notes, the Second Circuit certified...

US v. Mazza-Alaluf

Criminal Law & Procedure, Sentencing
Defendant's conviction and sentence for conspiring to operate and actually operating an unlicensed money transmitting business are affirmed where: 1)...

Mitsui Sumitomo Ins. Co. v. Evergreen Marine Corp.

Admiralty, Commercial Law, International Trade, Transportation
In an action involving damage to a shipment during travel by rail in the U.S. following carriage at sea from Japan, partial summary judgment for...