United States Second Circuit - Opinion Summaries

In Re; O'Brien

Bankruptcy Law, Debt Collection, Education Law

Wells Fargo Bank v. Brooksamerica Mortgage Corp.

Commercial Law, Contracts
Under New York Law, a "hell or high water" clause, which makes a leasee's obligation to make monthly payments absolute and unconditional, are...

US v. Lake

Criminal Law & Procedure, Sentencing
A sentencing judge's error in mandatorily applying the Sentencing Guidelines prior to the Supreme Court's decision in US v. Booker, 125 S. Ct. 738...

Citigroup, Inc. v. Indus. Risk Insurers

Property Law and Real Estate, Insurance Law, Landlord Tenant Law

Universal Oil Ltd. v. Allfirst Bank

Admiralty, Bankruptcy Law, Civil Procedure
The congressional grant of subject matter jurisdiction to the district courts to adjudicate in bankruptcy all property, wherever located, extends to...

Broder v. Cablevision Sys. Corp.

Civil Procedure, Class Actions
Dismissal of plaintiff's putative class action, alleging a violation of the uniform rate requirement of 47 U.S.C. section 543(d), is affirmed where...

US v. Glen

Criminal Law & Procedure, Sentencing
Defendant's sentence for a drug conviction is remanded where his state convictions predicate to his mandatory minimum sentence were not final within...

In re: Huff Asset Mgmt. Co.

Criminal Law & Procedure, Securities Law
The district court did not abuse its discretion when it approved a settlement agreement of a forfeiture action that establishes a $715 million fund to...

Mid-Hudson Catskill v. Fine Host Corp.

Contracts
Dismissal of plaintiff's quantum meruit claim under New York law is affirmed where plaintiff has recovered damages from defendant under a valid...

Greiner v. Wells

Criminal Law & Procedure, Sentencing
A trial counsel's inability to recall why he abandoned a possible defense strategy does not establish a Sixth Amendment violation where a...