United States Second Circuit - April 2013 Opinion Summaries

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Description Date Docket #

Richmond v. Holder

United States Second Circuit
Immigration Law
Petition for review of a decision by the Board of Immigration Appeals, which found petitioner inadmissible because he had made a false claim to United...
04/30/2013 07-5656

Magi XXI, Inc. v. Stato della Citta del Vaticano

United States Second Circuit
Civil Procedure, Contracts, Injury & Tort Law
Judgment of the district court dismissing defendant, the Vatican State, in suit brought by plaintiff, a sublicensee, regarding an agreement allowing...
04/30/2013 12-568

Kelly v. Howard I. Shapiro & Associates Consulting Engineers, P.C.

United States Second Circuit
Labor & Employment Law, Civil Rights
Dismissal of plaintiff's complaint for retaliation alleging that her employers retaliated against her after she complained about a supervisor's affair...
04/26/2013 12-3489

Mihalik v. Credit Agricole Cheuvreux North America, Inc.

United States Second Circuit
Civil Rights, Labor & Employment Law
Summary judgment for defendant on plaintiff's claims of gender discrimination and retaliation under the New York City Human Rights Law, is vacated and...
04/26/2013 11-3361

Proctor v. LeClaire

United States Second Circuit
Administrative Law, Civil Procedure, Civil Rights, Constitutional Law
District court's judgment dismissing, on grounds of res judicata and collateral estoppel, plaintiff's 1983 action alleging deprivation of due process...
04/25/2013 11-3312

Cariou v. Prince

United States Second Circuit
Intellectual Property, Copyright
Summary judgment for plaintiff in copyright infringement suit is: 1) vacated in part, where the district court applied the incorrect standard to...
04/25/2013 11-1197

US v. Lifshitz

United States Second Circuit
Criminal Law & Procedure, Sentencing
When sentencing a defendant after revoking a term of supervised release, a district court may not sentence based on the defendant’s need for...
04/23/2013 11-2078

John Wiley & Sons, Inc. v. Kirtsaeng

United States Second Circuit
Education Law, Entertainment Law, Intellectual Property, Copyright, International Trade, Media Law
On remand from the U.S. Supreme Court, which held that the "first sale" doctrine provides a defense against a copyright infringement claim based on...
04/23/2013 09-4896

National Organization for Marriage, Inc. v. Walsh

United States Second Circuit
Elections, Civil Procedure, Constitutional Law
Dismissal of plaintiff's claims for a declaratory judgment that the "political committee" definition of New York Election Law section 14-100.1...
04/22/2013 10-4572

Santana v. Holder

United States Second Circuit
Immigration Law
Attempted arson in the second degree is a "crime of violence" and therefore an "aggravated felony," under the Immigration and Nationality Act, and...
04/22/2013 10-2307