United States Second Circuit - December 2010 Opinion Summaries

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Description Date Docket #

10 Ellicott Square Court Corp. v. Mountain Valley Indemn. Co.

United States Second Circuit
Contracts, Insurance Law
In an action seeking defense and indemnification from defendant insurance company based on an underlying personal injury lawsuit, the Second Circuit...
12/23/2010 10-0799

US v. Ibarra-Luna

United States Second Circuit
Criminal Law & Procedure, Sentencing
Defendant's illegal reentry sentence is vacated where, under the discretionary sentencing regime of Booker and its progeny, the harmless error...
12/23/2010 09-40768

US v. Preaceley

United States Second Circuit
Criminal Law & Procedure, Sentencing
Defendant's sentence for distributing and possessing with intent to distribute 50 grams or more of a substance containing cocaine base is vacated so...
12/22/2010 09-2580

US v. Arevalo

United States Second Circuit
Criminal Law & Procedure
Defendant's appeal from his convictions for conspiracy to commit murder in aid of racketeering, and of using a firearm during a crime of violence, is...
12/21/2010 09-0576

Retirement Plan of the UNITE HERE Nat'l. Ret. Fund v. Kombassan Holding A.S.

United States Second Circuit
ERISA, Judgement Enforcement, Labor & Employment Law
In an ERISA action claiming that defendant was responsible for the withdrawal liability incurred by a third party pursuant to sections 502(a)(3) and...
12/21/2010 07-4143

Houbigant, Inc. v. IMG Fragrance Brands, LLC

United States Second Circuit
Civil Procedure
In plaintiff's appeal from the dismissal of a complaint in one of two related cases, the appeal is dismissed where the district court’s order was a...
12/20/2010 10-361

US v. Abu-Jihaad

United States Second Circuit
Criminal Law & Procedure, Military Law
Defendant's conviction for communicating national defense information respecting the movements of a United States Navy battlegroup to unauthorized...
12/20/2010 09-1375

Sayed v. Hilton Hotels Corp.

United States Second Circuit
Labor & Employment Law
In an action claiming that defendant terminated plaintiff's employment because plaintiff was Muslim, summary judgment for defendant is affirmed where...
12/17/2010 10-453

Thomas v. iStar Fin., Inc.

United States Second Circuit
Civil Procedure, Labor & Employment Law
In an action claiming that plaintiff's termination was in retaliation for complaints he had made about his supervisor's alleged misconduct, partial...
12/17/2010 07-5327

US v. Thomas

United States Second Circuit
Criminal Law & Procedure, Sentencing
Defendant's sentence for being a felon in possession of a firearm is affirmed where: 1) the lack of a scienter requirement in the stolen firearm...
12/16/2010 09-4335