United States Second Circuit - December 2012 Opinion Summaries

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Description Date Docket #

Gashi v. Holder

United States Second Circuit
Immigration Law
In petitioner's appeal of decision denying his application for asylum, withholding of removal, and relief under the Convention Against Torture, the...
12/18/2012 10-2584

Sousa v. Marquez

United States Second Circuit
Civil Procedure, Civil Rights, Constitutional Law, Labor & Employment Law
In 1983 action alleging a violation of a constitutional right to access to the courts based on a state governmental official's purported concealment...
12/13/2012 12-403

Gutierrez v. Smith

United States Second Circuit
Criminal Law & Procedure, Habeas Corpus
In appeal from the denial of defendant's writ of habeas corpus following conviction for depraved indifference murder, the judgment is affirmed, where:...
12/11/2012 10-4478

Ment Bros. Iron Works Co. v. Interstate Fire & Casualty Co.

United States Second Circuit
Commercial Law, Construction, Contracts, Insurance Law
In action for declaratory judgment where policyholder, a welding subcontractor, sought a declaration that its insurer was obligated to defend and...
12/11/2012 11-2596

US v. Daley

United States Second Circuit
Criminal Law & Procedure, Sentencing, Immigration Law
In appeal from denial of defendant's motion to dismiss the indictment for illegal reentry after deportation and subsequent conviction, judgment is...
12/07/2012 11-2987

MAN Ferrostaal, Inc. v. M/V Akili

United States Second Circuit
International Law, International Trade, Remedies, Admiralty, Commercial Law
In action for damage to cargo shipped aboard defendant-vessel, judgment holding defendant-vessel liable in rem is affirmed, where: 1) a vessel's in...
12/06/2012 11-486

US v. Ferguson

United States Second Circuit
Criminal Law & Procedure, Evidence
In appeal from conviction of possessing a firearm after having been convicted of a felony, the judgment is affirmed, where: 1) notwithstanding the...
12/06/2012 11-3806

US v. Torres

United States Second Circuit
Asset Forfeiture, Criminal Law & Procedure, Sentencing
In appeal from conviction of theft of government property that included orders of forfeiture and restitution, judgment is affirmed, where: 1) because...
12/05/2012 11-1009

US v. Murphy

United States Second Circuit
Constitutional Law, Criminal Law & Procedure, Evidence
In government's appeal from district court's order suppressing both the physical evidence seized during the car search and the defendants' post-arrest...
12/04/2012 11-2978

Zeno v. Pine Plains Cent. Sch. Dist.

United States Second Circuit
Civil Rights, Education Law, Remedies
In plaintiff's civil rights suit against a school district (District), claiming that the District was deliberately indifferent to his harassment from...
12/03/2012 10-3604