United States Second Circuit - February 2019 Opinion Summaries

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Description Date Docket #

Levy v. BASF Metals, Ltd.

United States Second Circuit
Securities Law
Held that an investor's Commodities Exchange Act claims were time-barred. The claims accrued when she discovered her injury in 2008, not when she...
02/28/2019 17‐3823

US v. Moore

United States Second Circuit
Sentencing, Criminal Law & Procedure
Affirmed the sentence imposed on a man who pleaded guilty to bank robbery, rejecting his challenge to a career offender sentencing enhancement.
02/25/2019 16‐1604

In re Picard

United States Second Circuit
Securities Law, International Law, Bankruptcy Law
Held that a bankruptcy trustee may attempt to obtain property that Bernard Madoff's investment firm transferred to foreign entities that subsequently...
02/25/2019 17‐2992

Fernandez v. Capra

United States Second Circuit
Habeas Corpus, Criminal Law & Procedure
Held that a New York inmate convicted of murder‐for‐hire was entitled to federal habeas relief, in this case where he claimed that the prosecutors...
02/22/2019 16‐4053

Chunn v. Amtrak

United States Second Circuit
Transportation, Injury & Tort Law, Criminal Law & Procedure
Held that Amtrak police did not mishandle cash seized from a man during an arrest. The arrestee contended that he should have been given an...
02/21/2019 17‐3617‐cv

Ceara v. Deacon

United States Second Circuit
Civil Procedure, Constitutional Law, Criminal Law & Procedure
Held that a state inmate could proceed with his claims that a prison corrections officer assaulted him. The civil rights lawsuit was timely because an...
02/21/2019 17-569-pr

Connecticut Fine Wine and Spirits LLC v. Seagull

United States Second Circuit
Antitrust & Trade Regulation
Held that Connecticut law governing liquor pricing is not preempted by federal antitrust law. Affirmed the dismissal of a liquor retailer's complaint,...
02/20/2019 17-2003-cv

NRP Holdings LLC v. City of Buffalo

United States Second Circuit
Government Law, Construction
Held that a mayor had legislative immunity from claims that he scuttled a low‐income housing project because the prospective developer refused to hire...
02/20/2019 17‐783‐cv

Dhinsa v. Krueger

United States Second Circuit
Habeas Corpus, Criminal Law & Procedure
Held that a federal inmate's habeas corpus petition should have been dismissed for lack of jurisdiction, because the requirements of the "savings...
02/20/2019 17‐874‐pr

US v. Valente

United States Second Circuit
Sentencing, Criminal Law & Procedure
Vacated a portion of a prison sentence because of an incorrect criminal history finding and remanded, in a case involving a former investment broker...
02/15/2019 17‐2311‐cr