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United States Second Circuit - Opinion Summaries

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Description Date Docket #

DENIS v. UPSTATE CORR. FACILITY

United States Second Circuit
Criminal Law & Procedure, Habeas Corpus
The three claims raised by this habeas petition lack merit.
03/19/2004 03-2358

INT'L BUS. MACHS. CORP. v. LIBERTY MUT. INS. CO.

United States Second Circuit
Injury & Tort Law, Insurance Law
Defendant has a duty to defend plaintiff in negligence and strict liability tort claims brought by former employees who allegedly contracted cancer by...
03/19/2004 03-7237

SANDERS v. NEW YORK CITY HUMAN RES. ADMIN.

United States Second Circuit
Civil Rights, Labor & Employment Law
District court did not err in denying plaintiff's motion for judgment as a matter of law or, in the alternative, for a new trial; she failed to make...
03/16/2004 02-7624

COMPAGNIE NOGA D'IMPORTATION ET D'EXPORTATION S.A. v. RUSSIAN FED'N

United States Second Circuit
Dispute Resolution & Arbitration, International Law, Judgement Enforcement
Defendant is not a separate party from the Russian Government for purposes of confirming and enforcing the Swedish arbitral award under the Convention...
03/16/2004 02-9237, 02-9272

AMNESTY AM. v. TOWN OF W. HARTFORD

United States Second Circuit
Civil Rights, Criminal Law & Procedure
Issues of material fact exist as to whether police used excessive force in removing plaintiffs from two anti-abortion demonstrations and arresting...
03/15/2004 03-7332

US v. LEA

United States Second Circuit
Criminal Law & Procedure
District court erred in releasing defendant on bail pending his sentencing for a crime of violence. He does not meet the "exceptional circumstances"...
03/12/2004 04-0221

E. ARMATA, INC. v. KOREA COMMERCIAL BANK OF NEW YORK

United States Second Circuit
Agriculture, Banking Law, Probate, Trusts & Estates
Under the Perishable Agricultural Commodities Act (PACA), a bank is not liable to the beneficiaries of a PACA trust for receipt of funds in breach of...
03/12/2004 03-7038

AM. BANANA CO., INC. v. REPUBLIC NAT'L BANK OF NEW YORK, N.A.

United States Second Circuit
Agriculture, Banking Law, Contracts, Probate, Trusts & Estates
A failure to reduce to writing an agreement that violates the Perishable Agricultural Commodities Act (PACA) should not result in the preservation of...
03/11/2004 02-9442, 02-9504

US v. BARRESI

United States Second Circuit
Criminal Law & Procedure, Sentencing
Where defendant had already served his time, a reduction in his term of supervised release was available to the district court to correct its former...
03/09/2004 03-1368

SUNWARD ELECS., INC. v. MCDONALD

United States Second Circuit
Intellectual Property, Trademark
Defendants were properly, preliminarily enjoined from using phone numbers featuring the trade names and trademarks "Dog Guard" and "Out-of-Sight...
03/03/2004 03-7432

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