United States Second Circuit - July 2018 Opinion Summaries

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Description Date Docket #

Conte v. Emmons

United States Second Circuit
Entertainment Law, Injury & Tort Law, Contracts
Reversed the denial of a post-trial JMOL motion. In overturning a $1.3 million jury verdict, the appeals court held that a business owner failed to...
07/10/2018 17-869

Williams v. Annucci

United States Second Circuit
Criminal Law & Procedure, Civil Rights, Constitutional Law
Reversed summary judgment and revived a state prison inmate's claims where the inmate sought accommodations under the federal Religious Land Use and...
07/10/2018 15‐1018

US v. Jimenez

United States Second Circuit
Criminal Law & Procedure, Military Law, Constitutional Law
Affirmed the denial of a motion to dismiss a criminal indictment in the case of a dishonorably discharged U.S. Marine who was convicted for possessing...
07/10/2018 17‐287‐cr

Allen v. Credit Suisse Secs. (USA) LLC

United States Second Circuit
ERISA, Banking Law
Affirmed the dismissal of an ERISA complaint for failure to state a claim where the plaintiffs had claimed that twelve banks and their affiliates...
07/10/2018 16‐3327‐cv (L)

Petersen Energía Inversora, S.A.U. v. Argentine Republic

United States Second Circuit
Corporation & Enterprise Law, International Law, Oil and Gas Law
Affirmed the denial of a motion to dismiss based on foreign sovereign immunity under the Foreign Sovereignty Immunity Act in a securities lawsuit...
07/10/2018 16‐3303‐cv(L)

Kiobel v. Cravath, Swain & Moore, LLP

United States Second Circuit
Civil Procedure, International Law, Oil and Gas Law
Reversed an order which had allowed the plaintiff to subpoena documents from a U.S. law firm for use in litigation against Royal Dutch Shell in the...
07/09/2018 17‐424‐cv

ING Bank N.V. v. M/V Maritime King

United States Second Circuit
Commercial Law, Admiralty
Affirmed. In a case involving competing maritime lien claims against a vessel, the trial court did not err in reducing the amount of security that...
07/06/2018 16-3944-cv

US v. Hernandez

United States Second Circuit
Sentencing, Criminal Law & Procedure
Affirmed. A criminal defendant unsuccessfully challenged the jury instruction given on his affirmative defense, which claimed that as a member of a...
07/06/2018 16-2765


United States Second Circuit
Constitutional Law, Government Law, Civil Procedure
Vacated and remanded the district court's partial grant of summary judgment motions filed by both the plaintiff and defendant (government) in a...
07/05/2018 17-157-cv

US v. Gasperini

United States Second Circuit
Evidence, Criminal Law & Procedure
Affirmed the judgment where a defendant challenged his conviction for misdemeanor computer intrusion on the grounds that it was unconstitutionally...
07/02/2018 17-2479