United States Second Circuit - August 2013 Opinion Summaries

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Description Date Docket #

In re US Foodservice Inc. Pricing Litigation

United States Second Circuit
Civil Procedure, Class Actions, Commercial Law, Contracts, Injury & Tort Law
(Industry: Food & Beverage)

The district court's decision certifying a nationwide class of 75,000 cost-plus customers of defendant, the country’s second largest food distributor,...
08/30/2013 12-1311

US v. Vilar

United States Second Circuit
Criminal Law & Procedure, Sentencing, Securities Law
Defendants' convictions for lying to clients about the nature and quality of certain investments are affirmed, but remanded for resentencing, where:...
08/30/2013 10-521

Kolel Beth Yechiel Mechil v. YLL Irrevocable Trust

United States Second Circuit
Contracts, Dispute Resolution & Arbitration, Insurance Law
In a dispute between the parties over the ownership of life insurance policies, the district court properly denied defendants' motion for vacatur of...
08/30/2013 12-3247

Quaker Hills, LLC v. Pacific Indemnity Co.

United States Second Circuit
Contracts, Insurance Law
Judgment declaring defendant-insurer liable for the full amount of loss coverage shown in a fire insurance policy, notwithstanding an...
08/29/2013 11-3670

US v. Gushlak

United States Second Circuit
Criminal Law & Procedure, Sentencing, Remedies, Securities Law
An order of restitution entered pursuant to the Mandatory Victims Restitution Act of 1996 against defendant, and to victims, for losses stemming from...
08/29/2013 12-1919

Gonzalez v. City of Schenectady

United States Second Circuit
Civil Rights, Constitutional Law
Summary judgment for defendant-officers on plaintiff's 1983 action alleging false arrest and visual body cavity search that was determined to be...
08/28/2013 11-5403

Gerstenbluth v. Credit Suisse Securities

United States Second Circuit
Labor & Employment Law, Tax Law
In an action seeking a refund of Federal Insurance Contribution Act (FICA) taxes withheld by defendant-employer and collected by defendant IRS on a...
08/27/2013 12-4125

US v. Manne

United States Second Circuit
Civil Procedure, Debt Collection, Environmental Law, Property Law & Real Estate
The district court's order enjoining defendant pursuant to the Anti-Injunction Act from litigating in any court other than the Southern District of...
08/27/2013 12-3079

US v. Okatan

United States Second Circuit
Criminal Law & Procedure, Evidence
Defendant's conviction on three counts relating to illegally bringing an alien into the United States is vacated and remanded, where: 1) the...
08/26/2013 12-1563

US v. Tarbell

United States Second Circuit
Criminal Law & Procedure, Sentencing
Defendant's conviction for conspiracy to possess with the intent to distribute and to distribute 100 kilograms or more of marijuana, entered pursuant...
08/26/2013 12-3055