United States Second Circuit - September 2018 Opinion Summaries

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Description Date Docket #

Coalition for Competitive Electricity v. Zibelman

United States Second Circuit
Constitutional Law, Public Utilities
Held that a group of electrical power generators and related trade groups could not proceed with their lawsuit challenging the constitutionality of...
09/27/2018 17‐2654‐cv

Cooling Water Intake Structure Coalition v. EPA

United States Second Circuit
Environmental Law, Water Law
Denied petitions for review filed by several environmental conservation groups and industry associations challenging portions of an Environmental...
09/27/2018 14‐4645

US v. Hoskins

United States Second Circuit
Criminal Law & Procedure, Habeas Corpus, Sentencing
Held that a defendant who had pleaded guilty to drug-trafficking charges could not challenge his sentence through a 28 U.S.C. section 2255 motion,...
09/26/2018 17‐70‐cr

Estate of McKelvey v. Commissioner of Internal Revenue

United States Second Circuit
Tax Law
Reversed a decision of the Tax Court, in a case where the Internal Revenue Service claimed that a taxpayer's estate owed $41 million in back taxes for...
09/26/2018 17‐2554

Utica Mutual Insurance Co. v. Clearwater Insurance Co.

United States Second Circuit
Insurance Law
Vacated and remanded summary judgment rulings in an insurance company's lawsuit against another insurance company seeking indemnification under...
09/25/2018 16‐2535

US v. Lobo

United States Second Circuit
Sentencing, Criminal Law & Procedure
Affirmed a conviction and sentence on cocaine drug-trafficking charges, rejecting the defendant's argument that his Sentencing Guidelines score was...
09/20/2018 17‐2894‐cr

Flood v. Just Energy Marketing Corp.

United States Second Circuit
Labor & Employment Law
Held that an energy company employee was an outside salesperson exempted from the minimum-wage and overtime protections of the Fair Labor Standards...
09/19/2018 17‐0546

Munoz-Gonzalez v. D.L.C. Limousine Service Inc.

United States Second Circuit
Labor & Employment Law
Held that limousine drivers were not entitled to overtime compensation because their employer, a chauffeured car service, was essentially a taxicab...
09/19/2018 17‐2438

Hartford Roman Catholic Diocesan Corp. v. Interstate Fire and Casualty Co.

United States Second Circuit
Insurance Law
Held that an excess insurer breached its contractual duty to indemnify a Roman Catholic diocese for certain claims arising from sexual misconduct by...
09/19/2018 16‐2999

US v. Paul

United States Second Circuit
Sentencing, Criminal Law & Procedure
Remanded a defendant's sentence for robbery and firearms offenses with directions to recalculate the U.S. Sentencing Guidelines sentencing range...
09/18/2018 17‐2702