United States Second Circuit - Opinion Summaries

Gao v. Gonzales

Immigration Law
Petition for review of a denial of asylum, withholding of removal, and protection against torture claims is granted where: 1) petitioner established...

Roach v. Morse

Administrative Law, Civil Procedure, Civil Rights, Government Benefits, Government Law, Health Law
The questions on a certain Medicaid form used by Vermont do not, by themselves, create a more restrictive methodology than would be used under the...

US v. Fairclough

Criminal Law & Procedure, Sentencing
District courts do not violate ex post facto principles by applying the remedial holding of Booker, that the guidelines be treated as advisory, to...

Patterson v. Balsamico

Attorney's Fees, Civil Rights, Criminal Law & Procedure, Government Law, Injury & Tort Law, Remedies
Judgment entered following a jury verdict finding defendant liable for intentional infliction of emotional distress, and for having created a racially...

Wolfert v. Transamerica Home First, Inc.

Banking Law, Civil Procedure, Class Actions, Constitutional Law, Consumer Protection Law, Contracts, Property Law & Real Estate
Dismissal of a complaint as barred by res judicata arising from a state court judgment approving a class action settlement is affirmed in a case...

McClellan v. Smith

Civil Rights, Criminal Law & Procedure, Evidence, Government Law
Summary judgment and an order denying reconsideration in favor of defendant-police officer in a 42 U.S.C. section 1983 action alleging Fourth...

Ades-Berg Investors v. Breeden

Bankruptcy Law, Civil Procedure, Contracts
A judgment dismissing as untimely an appeal from a bankruptcy court order authorizing a bankruptcy trustee to enter into a settlement agreement is...

Colavito v. New York Organ Donor Network, Inc.

Contracts, Health Law, Injury & Tort Law, Professional Malpractice, Remedies
Summary judgment for defendants in a case arising from defendants' alleged misappropriation of a human kidney directed for transplantation to...

Sash v. Zenk

Administrative Law, Criminal Law & Procedure, Habeas Corpus, Sentencing
A holding that calculation of sentencing credit is not "criminal" for purposes of the rule of lenity does not contradict Supreme Court precedent...

United Air Lines, Inc. v. Ins. Co. of the State of Pennsylvania

Commercial Law, Contracts, Insurance Law, Transportation
Summary judgment for defendant-insurer on plaintiff's claims for lost earnings arising from the September 11 terrorist attacks is affirmed where the...