United States Second Circuit - November 2014 Opinion Summaries

Chesapeake Energy Corp. v. Bank of New York Mellon Trust Co.

Banking Law
Judgment declaring that the Notice of Special Early Redemption issued by plaintiff on March 15, 2013 was timely and effective to redeem certain senior...

US v. Anderson

Constitutional Law, Criminal Law & Procedure, Evidence
In this case, defendant's wife recovered cocaine base that she surrendered to the state police as a result of unconstitutional coercive tactics. ...

Harris v. O'Hare

Injury & Tort Law
In this case, plaintiffs brought suit against defendant officers for damages stemming from the officers' warrantless entry onto their property, during...

US v. Dantzler

Sentencing, Criminal Law & Procedure
In this case involving application of the Armed Career Criminal Act (ACCA), which imposes a 15-year mandatory minimum sentence on violators who have...

Motorola Credit Corp. v. Standard Chartered Bank

Banking Law
Order holding that the "separate entity rule" precludes a court from ordering a garnishee bank operating branches in New York to restrain assets of...

Central States, Southeast & Southwest Areas Health & Welfare Fund v. Gerber Life Ins. Co.

ERISA
In this Employment Retirement Income Security Act (ERISA) action in which plaintiff ERISA plan asserts claims for injunctive relief and restitution...

Chau v. Lewis

Injury & Tort Law
In this libel action, plaintiff Chau, a former asset-backed CDO manager, asserts that a chapter written about him in defendant Lewis's book about the...

Cuomo v. Crane Co.

Civil Procedure, Injury & Tort Law
Order of the district court remanding plaintiff's failure-to-warn action to state court after defendant removed the case under the federal officer...

In re Bank of America

Securities Law, Class Actions, Remedies
In this class action case involving alleged violations of the Securities Act and the Securities Exchange Act, the district court approved a final...

Kroshnyi v. U.S. Pack Courier Services, Inc.

Civil Procedure, Contracts, Labor & Employment Law
In this case, summary judgment was granted in favor of defendants on all of plaintiffs’ claims under the Fair Labor Standards Act, the Federal...