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United States Second Circuit - Opinion Summaries

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Description Date Docket #

Brown v. Greiner

United States Second Circuit
Criminal Law & Procedure, Sentencing
A sentencing judge's opinion as to what type of sentence would best serve the public interest is not a factual finding within the meaning of Apprendi...
06/03/2005 03-2242

US v. Rigas

United States Second Circuit
Criminal Law & Procedure, Securities Law
Defendant's petition to vacate a settlement agreement of a forfeiture action, which establishes a fund to compensate victims of a fraud, is dismissed...
06/03/2005 05-2619, 05-2628

Nat'l Council of La Raza v. Dep't of Justice

United States Second Circuit
Civil Procedure, Evidence
A memorandum prepared by the Department of Justice's Office of Legal Council is not protected by the attorney-client privilege since the Department...
06/01/2005 04-5474

Hempstead Video, Inc. v. Village of Valley Stream

United States Second Circuit
Contracts
Plaintiff breached its settlement agreement with defendant-Village, which consequently released defendant from its obligation of forbearance under the...
06/01/2005 04-0578, 04-0749

DL Capital Group v. Nasdaq Stock Market, Inc.

United States Second Circuit
Securities Law
There is no fraud exception to the absolute immunity extended to self-regulatory organizations when they engage in conduct consistent with the...
05/26/2005 04-3027

Bear, Stearns & Co. v. 1109580 Ontario, Inc.

United States Second Circuit
Dispute Resolution & Arbitration, Securities Law
Plaintiff's motion to confirm an arbitration award is affirmed over defendant's claim that the arbitrators acted in manifest disregard of the law.
05/25/2005 04-3632

St. Paul Fire and Marine Ins. v. Univ. Builders Supply

United States Second Circuit
Civil Procedure, Insurance Law
In a diversity action where an insurer and the insured are plaintiffs and the insurer has paid only part of the loss incurred by the insured, if the...
05/24/2005 04-2076

Henry v. Poole

United States Second Circuit
Criminal Law & Procedure, Habeas Corpus
Denial of plaintiff's petition for a writ of habeas corpus is reversed where he received ineffective assistance of counsel when his trial attorney...
05/24/2005 03-2884

Zheng v. Ashcroft

United States Second Circuit
Constitutional Law, Immigration Law
Plaintiff's petition for review is denied over her claim that she was prejudiced in her appeal before the Board of Immigration Appeals by her...
05/20/2005 02-4711

Whab v. US

United States Second Circuit
Criminal Law & Procedure, Habeas Corpus
Plaintiff's motion to file a "second or successive" petition for writ of habeas corpus is dismissed as moot where the petition is not "second or...
05/19/2005 05-1214

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