United States Second Circuit - Opinion Summaries

Sorensen v. City of NY

Civil Procedure
A notice of appeal from a judgment that is favorable to plaintiff does not serve to appeal from a subsequent amended judgment which vacates the prior...

Cayuga Indian Nation v. Pataki

Civil Procedure, Indian Law, Property Law & Real Estate, Remedies
An award to tribal plaintiffs for the late-eighteenth-century dispossession of their land is reversed where plaintiffs' possessory land claim is...

US v. Tesoriero

Criminal Law and Procedure, Sentencing

1-800 Contacts, Inc. v. Whenu.com, Inc.

Cyberspace Law, Intellectual Property, Trademark
Defendant's "pop up" advertisements, which appear on computer screens contemporaneously with the appearance of plaintiff's internet website, do not...

Independence Party of Richmond v. Graham

Constitutional Law, Elections, Remedies
Defendant-Board of Election's appeal from the grant of a preliminary injunction, which required it to permit plaintiff to open its primary election to...

Nimely v. City of New York

Civil Procedure, Civil Rights, Evidence, Injury & Tort Law
In a civil rights action alleging excessive force, judgment in favor of defendant-police officer is vacated where the erroneous admission of certain...

US v. Martinez

Criminal Law & Procedure, Sentencing
The Sixth Amendment does not bar judicial consideration of hearsay testimony at sentencing proceedings.

US v. Byrd

Criminal Law and Procedure, Sentencing

Johnson v. Wright

Civil Rights, Health Law, Injury & Tort Law
A reasonable jury could reasonably find that defendants acted with deliberate indifference to plaintiff-inmate's health when they reflexively followed...

Lockheed Martin Corp. v. Morganti

Admiralty, Labor & Employment Law, Workers' Compensation
Plaintiff-employer's petition for review, challenging the award of death benefits under the Longshore and Harbor Workers' Compensation Act, is denied...