United States Second Circuit - November 2011 Opinion Summaries

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Description Date Docket #

Schwartz v. Merrill Lynch & Co.

United States Second Circuit
Dispute Resolution & Arbitration, Labor & Employment Law
In an appeal from a judgment of the district court denying appellant's petition to vacate an adverse arbitration decision on her Title VII complaint...
11/30/2011 10-0826

US v. Spies

United States Second Circuit
Criminal Law & Procedure, Sentencing
Sentencing of defendants for firearms-related offenses are vacated where the district court incorrectly used a "preponderance of the evidence"...
11/29/2011 08-4211

Milgram v. Orthopedic Associates

United States Second Circuit
Civil Procedure, ERISA, Labor & Employment Law
In an appeal from a judgment in favor of the plaintiff in a complaint to recover certain improperly disbursed ERISA funds, 29 U.S.C. section...
11/29/2011 10-1862

US v. Leon

United States Second Circuit
Criminal Law & Procedure, Sentencing
In an appeal from a judgment of the district court revoking defendant's supervised release, judgment is affirmed where the court did not exceed its...
11/23/2011 10-4090

In re Fengling Liu

United States Second Circuit
Ethics & Professional Responsibility
Upon the recommendation of the Court’s Committee on Attorney Admissions and Grievances, Attorney Fengling Liu is publicly reprimanded for negligence...
11/22/2011 09-90006-am

Flagler v. Trainor

United States Second Circuit
Civil Procedure, Criminal Law & Procedure, Ethics & Professional Responsibility, Injury & Tort Law, Remedies
In an appeal from a judgment of the district court dismissing plaintiff's civil complaint for various prosecutorial misconduct, judgment is affirmed...
11/21/2011 10-4081

US v. Bruno

United States Second Circuit
Criminal Law & Procedure, Sentencing, Evidence
Conviction and sentencing of defendant-former majority leader of the NY state senate for services mail fraud, 18 U.S.C. sections 1341 and 1346, are...
11/16/2011 10-1885

Shepherd v. Goord

United States Second Circuit
Attorney's Fees, Civil Procedure, Criminal Law & Procedure, Remedies
In an appeal from a judgment of the district court capping the award of plaintiff's attorney fees, judgment is affirmed where the Prison Litigation...
11/15/2011 10-4821

Wilson v. Merril Lynch & Co.

United States Second Circuit
Civil Procedure, Corp. Governance, Corporation & Enterprise Law, Securities Law
In an appeal from a judgment of the district court dismissing plaintiff's Rule 10-b action for failure to state a claim, judgment is affirmed where...
11/14/2011 10-1528

Nike, Inc. v. Already LLC

United States Second Circuit
Civil Procedure, Commercial Law, Intellectual Property, Trademark
(Industry: Consumer Products)

In an appeal from a judgment of the district court dismissing plaintiff's complaint for trademark infringement, judgment is affirmed where the...
11/10/2011 11-314