United States Second Circuit - November 2013 Opinion Summaries

US v. Murray

Criminal Law & Procedure, Evidence
Defendant's conviction on four counts relating to the cultivation of marijuana plants is vacated and remanded, where the district court's refusal to...

SEC v. Razmilovic

Civil Procedure, Sanctions, Securities Law
In an SEC civil enforcement action, judgment entering default against defendant for noncompliance with an order to appear for his deposition in the...

Hernandez v. Holder

Immigration Law
The Board of Immigration Appeals' (BIA) orders dismissing petitioner's appeal from an immigration judge's decision to deny cancellation of removal,...

Ligon v. City of New York

Constitutional Law, Civil Procedure, Civil Rights
In actions challenging the stop and frisk policy of the N.Y. Police department, defendant-city's motions to modify the Court's stay order of October...

Cabala v. Crowley

Debt Collection, Attorney's Fees, Civil Procedure
The district court's decision awarding $32,489.29 in attorney's fees and costs to plaintiff following a stipulated judgment awarding plaintiff maximum...

US v. Christie

Criminal Law & Procedure, Sentencing
The district court's denial of defendant's motion to reduce his sentence is vacated and remanded, where the district court failed to provide an...

In Re: Thelen LLP

Bankruptcy Law, Corporation & Enterprise Law, Ethics & Professional Responsibility
In a bankruptcy action, the following questions are certified to the New York Court of Appeals: 1) under New York law, does the "unfinished business...

Starbucks Corp. v. Wolfe's Borough Coffee, Inc.

Intellectual Property, Trademark
The district court's judgment denying plaintiffs' request for an injunction pursuant to the Federal Trademark Dilution Act of 1995 (FTDA), prohibiting...

Lynch v. City of New York

Civil Rights, Constitutional Law, Labor & Employment Law
Summary judgment to defendants on plaintiffs' Fourth Amendment challenge to the New York City Police Department's policy of administering a...

Diebold Foundation, Inc. v. Commissioner of Internal Revenue

Corporation & Enterprise Law, Property Law & Real Estate, Securities Law, Tax Law
The Tax Court's decision holding that petitioner could not be held liable as a transferee of a transferee under 26 U.S.C. section 6901 is vacated and...