United States Second Circuit - September 2012 Opinion Summaries

US v. Carter

Criminal Law & Procedure, Sentencing
In a conviction of a defendant for drug-related charges, district court's imposition of the ten-year mandatory minimum sentence is affirmed where a...

US v. White

Criminal Law & Procedure, Evidence
Defendant's conviction for possession of a weapon by a person previously convicted of a felony is vacated and remanded where: 1) district courts may...

Gross v. Rell

Civil Procedure, Civil Rights, Elder Law, Probate, Trusts & Estates
In plaintiff's suit against number of defendants, including his conservator, a court-appointed attorney, and a nursing home, asserting both federal...

Somerville v. Hunt

Criminal Law & Procedure, Habeas Corpus, Sentencing
The district court's grant of defendant's second request for habeas relief on the ground that the Appellate Division's decision not to apply a...

Gjura v. Holder

Administrative Law, Immigration Law
An Albanian citizen's petition for review of Board of Immigrant Appeals (BIA) order reversing the decision of Immigration Judge (IJ) grant of her...

Fortress Bible Church v. Feiner

Civil Rights, Constitutional Law, Government Law, Property Law & Real Estate, Tax-exempt Organizations
In plaintiffs' suit alleging violations of the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) over a longstanding land-use...

R.E. v. New York City Dept. of Educ.

Constitutional Law, Education Law, Government Law
In a consolidated appeal of three lawsuits brought by parents of autistic children, claiming due process violations against the New York City...

Simon v. Keyspan Corp.

Antitrust & Trade Regulation, Civil Procedure, Government Law, Public Utilities
In an antitrust action against a producer of electricity, alleging that it colluded with one of its rivals to increase installed capacity prices and...

Brennan Ctr. for Justice at New York Univ. Sch. of Law v. U.S. Dept. of Justice

Education Law, Government Law, Health Law, Civil Procedure, Constitutional Law
In plaintiff's Freedom of Information Act lawsuit against the Department of Justice (DOJ), the United States Department of Health and Human Services...

World Wide Polymers, Inc. v. Shinkong Synthetic Fibers Corp.

Civil Procedure, Contracts, Sanctions
In an action seeking for damages and injunctive relief arising out of the failure of a joint venture, which was originally filed in 2003, district...