United States Second Circuit - Opinion Summaries

US v. SCHNEIDER

Attorney's Fees, Criminal Law & Procedure
The indictment of a non-cooperating target of a grand jury investigation, where the government has solid evidence of guilt, is not "vexatious,...

IWACHIW v. NY DEP'T OF MOTOR VEHICLES

Constitutional Law, Civil Rights, Government Law, Sanctions

EMPIRE HEALTHCHOICE v. MCVEIGH

Civil Procedure, Constitutional Law, Contracts, ERISA, Insurance Law, Labor & Employment Law, Workers' Compensation
In a suit for reimbursement of insurance benefits, dismissal of the action for lack of subject matter jurisdiction is affirmed where plaintiff's...

US v. YOUSEF

Attorney's Fees, Criminal Law and Procedure, Habeas Corpus

DABIT v. MERRILL LYNCH

Class Actions, Constitutional Law, Securities Law
Under the Securities Litigation Uniform Standards Act, only class actions brought by plaintiffs who satisfy the purchaser-seller rule of Blue Chip v....

US v. PETERSON

Criminal Law & Procedure
The DNA Analysis Backlog Elimination Act does not require a defendant convicted of bank larceny to submit a DNA sample.

TERRY v. UNUM LIFE INS. CO.

Civil Procedure, Contracts, Insurance Law

KHAN v. ASHCROFT

Criminal Law & Procedure, Immigration Law
The Antiterrorism and Effective Death Penalty Act (AEDPA) is not impermissibly retroactive as applied to aliens who pleaded guilty following AEDPA's...

US v. GAYLE

Criminal Law & Procedure
Foreign convictions cannot constitute predicate offenses under U.S.C. section 922(g)(1).

PHANSALKAR v. ANDERSEN, WEINROTH & CO.

Civil Procedure