United States Second Circuit - Opinion Summaries

Poole v. Mukasey

Civil Procedure, Immigration Law
Petition for rehearing of a previous decision remanding a derivative citizenship claim to the BIA is denied where: 1) under 8 U.S.C. section...

Topps Co., Inc. v. Cadbury Stani S.A.I.C.

Civil Procedure, Contracts, Evidence, Intellectual Property, International Law, Trade Secrets
In an action alleging breach of contract and misappropriation of trade secrets involving a chewing gum licensing agreement, summary judgment for...

US v. Douglas

Criminal Law & Procedure, Evidence
Conviction for killing a person in connection with an attempt to steal money from ATM machines is affirmed over defendant's claims that: 1) being...

Estate of Pew v. Cardarelli

Civil Procedure, Class Actions, Corp. Governance, Corporation & Enterprise Law, Securities Law
In an appeal primarily addressing whether a claim fell within the exception to the Class Action Fairness Act's ("CAFA") grant of original and...

Singh v. US Dep't of Homeland Sec.

Criminal Law & Procedure, Immigration Law
Petition for review of an order removing petitioner on ground that he had committed a crime of moral turpitude, and denying his application for...

Mendez v. Mukasey

Administrative Law, Civil Procedure, Immigration Law
Petition for review of a denial of cancellation of removal on grounds that petitioner had not demonstrated that his removal would cause exceptional...

Bennett v. Mukasey

Attorney's Fees, Civil Procedure, Ethics & Disciplinary Code, Ethics & Professional Responsibility, Immigration Law
Motion to recall a mandate and reinstate a petition for review of a BIA decision is granted where a lawyer's practice of accepting an initial retainer...

US v. Martinez

Criminal Law & Procedure, Evidence, Sentencing
In a sentencing proceeding wherein the district court applied a four-level enhancement to defendant's base offense level after finding, by a...

US v. Regalado

Criminal Law & Procedure, Sentencing
Sentence for conspiring to distribute and possess with intent to distribute cocaine base is remanded where: 1) in light of the holding in Kimbrough,...

Thompson v. Choinski

Civil Procedure, Criminal Law & Procedure, Evidence, Habeas Corpus
Dismissal of a habeas petition is affirmed in part and vacated in part where: 1) insofar as the petition challenged the conviction, it was a "second...