United States Second Circuit - Opinion Summaries

ATSI Communications, Inc. v. Shaar Fund, Ltd.

Civil Procedure, Securities Law
Dismissal of complaints alleging, among other things, securities fraud in violation of section 10(b) of the Securities Exchange Act of 1934 and Rule...

Batista v. Gonzales

Administrative Law, Immigration Law
Petition for review of a BIA decision reversing an IJ's grant of a waiver of inadmissibility is denied where the BIA's construction of the statutory...

State Employees Bargaining Agent Coalition v. Rowland

Constitutional Law, Government Law, Labor & Employment Law
In a suit against Connecticut state officials alleging constitutional violations arising from the termination of unionized state employees supposedly...

Khan v. Gonzales

Immigration Law
Petition for review of a motion to reconsider an earlier order dismissing an appeal from an in absentia order of removal is granted where: 1) the...

US v. Sabhnani

Criminal Law & Procedure
Permanent orders of detention are vacated where the government is able to identify further conditions it deems necessary to ameliorate the risk of...

In re AppliedTheory Corp.

Bankruptcy Law
Order affirming order of the bankruptcy court denying appellant committee of unsecured creditors authorization to assert a claim of equitable...

Applied Indus. Materials v. Ovalar Makine Ticaret Ve Sanayi

Civil Procedure, Contracts, Dispute Resolution & Arbitration
In underlying arbitration where respondent Turkish corporation and its chairman were found liable for breaching a contract to deliver petroleum coke,...

Otal Investments, Ltd. v. M.V. Clary

Admiralty, Civil Procedure, Injury & Tort Law, International Law
In case involving collision of three vessels in the English Channel, order finding plaintiff vessel to be exclusively at fault for the collision that...

Price v. Marsh USA Inc.

Civil Procedure, Insurance Law
In an insurance coverage action, appeal from order permitting joinder of a nondiverse plaintiff and remanding the case to the state court for lack of...

Wisniewski v. Bd. of Educ. of Weedsport Cent. Sch. Dist.

Administrative Law, Constitutional Law, Cyberspace Law, Education Law
In suit over suspension of student who, using his parents' home computer, displayed via Internet instant messaging an icon depicting the shooting of a...