United States Second Circuit - November 2018 Opinion Summaries

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Description Date Docket #

General Re Life Corp. v. Lincoln National Life Insurance Co.

United States Second Circuit
Insurance Law, Dispute Resolution & Arbitration
In a dispute between two insurance companies that ended up in arbitration, held that where an arbitration award is ambiguous, the arbitrators retain...
11/28/2018 17‐2496‐cv

Radha Geismann, M.D., P.C. v. ZocDoc, Inc.

United States Second Circuit
Consumer Protection Law, Class Actions, Communications Law
Revived a proposed class action alleging that a company violated the Telephone Consumer Protection Act by sending doctors unsolicited fax...
11/27/2018 17‐2692

Sleepy's LLC v. Select Comfort Wholesale Corp.

United States Second Circuit
Attorney's Fees, Commercial Law, Injury & Tort Law
Reinstated a mattress retailer's slander claims against a mattress manufacturer for allegedly disparaging its stores and products. Also addressed an...
11/27/2018 15‐3560

Garner v. Lee

United States Second Circuit
Habeas Corpus, Criminal Law & Procedure
Vacated the granting of federal habeas relief. Held that, given the strong evidence of the state prisoner's guilt, he had not shown that his defense...
11/15/2018 17‐78‐pr

Wilson v. Dynatone Publishing Co.

United States Second Circuit
Entertainment Law, Intellectual Property, Copyright
Held that a copyright ownership claim was timely filed. The statute of limitations was not triggered by the defendants' act of registering their...
11/14/2018 17‐1549

Lanning v. City of Glens Falls

United States Second Circuit
Civil Rights, Constitutional Law
Held that a plaintiff's malicious prosecution claim was correctly dismissed on the pleadings because he failed to adequately plead that the criminal...
11/07/2018 17‐970‐cv

US v. Stewart

United States Second Circuit
Securities Law, Criminal Law & Procedure
Vacated an investment banker's conviction on insider-trading charges, holding that certain impeachment evidence should not have been excluded....
11/05/2018 17‐593

US v. Zemlyansky

United States Second Circuit
Criminal Law & Procedure
Affirmed a conviction related to insurance and investment fraud schemes. Held that there was no violation of the Fifth Amendment's Double Jeopardy...
11/05/2018 16‐409