United States Second Circuit - January 2013 Opinion Summaries

Secrest v. Merck, Sharp & Dohme Corp.

Civil Procedure, Drugs & Biotech, Evidence, Health Law, Injury & Tort Law
Summary judgment was properly granted to defendant on plaintiff's product liability claim alleging defendant's failure to provide an adequate warning...

McCoy v. US

Criminal Law & Procedure, Sentencing
Petition for writ of habeas corpus and appeal were properly denied, where: 1) petitioner's trial counsel's performance was not constitutionally...

Mary Jo C. v. New York State and Local Retirement System

Administrative Law, Government Benefits, Labor & Employment Law
Judgment of dismissal of plaintiff's claims brought under the Americans with Disabilities Act (ADA) for defendants' refusal to waive filing deadlines...

Kirkendall v. Halliburton, Inc.

Administrative Law, Contracts, ERISA
Judgment dismissing plaintiffs' class action claims for clarification of the benefits to which they might be entitled in the future under their ERISA...

Osterweil v. Bartlett

Administrative Law, Civil Procedure, Constitutional Law, Government Law
The following question is certified to the New York Court of Appeals: Is an applicant who owns a part-time residence in New York but makes his...

US v. Dupree

Banking Law, Contracts, Criminal Law & Procedure, Evidence
State court temporary restraining order sought to be introduced by the government as evidence of defendant's state of mind is being offered for a...

Garcia v. Hartford Police Department

Civil Procedure, Civil Rights, Constitutional Law, Labor & Employment Law
Summary judgment for defendants on plaintiff's employment discrimination and First Amendment retaliation claims was proper, where: 1)...

In re Payne

Ethics & Disciplinary Code, Ethics & Professional Responsibility, Legal Malpractice
In appeal by attorney of Committee on Admissions and Grievances findings of misconduct and recommendation for public reprimand, recommendation is...

Communications Network International, Ltd. v. MCI Worldcom Communications, Inc.

Bankruptcy Law, Civil Procedure, Communications Law, Ethics & Professional Responsibility
In appeal of district court's grant of defendant's motion for relief under Federal Rule of Appellate Procedure 4(a)(6) reopening the time within which...

Bakoss v. Lloyds of London

Health Law, Insurance Law, Contracts, Dispute Resolution & Arbitration
In appeal related to plaintiff's disability claim, district court's summary judgment for defendant is affirmed, where the district court: 1) correctly...