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United States Second Circuit - Opinion Summaries

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SCS COMMUNICATIONS, INC. v. HERRICK CO., INC.

United States Second Circuit
Contracts, M&A, Remedies
The district court properly concluded that the letter agreement between the parties was a binding contract whereby they agreed to acquire the...
03/03/2004 02-7362, 02-7364

WILSON v. NOMURA SEC. INT'L, INC.

United States Second Circuit
Attorney's Fees, Civil Procedure, Civil Rights, Dispute Resolution & Arbitration, Labor & Employment Law
Because plaintiff's federal and state discrimination claims were inextricably intertwined and the legal work on them was essentially indivisible, when...
03/02/2004 02-9001

US v. FELL

United States Second Circuit
Constitutional Law, Criminal Law & Procedure, Evidence, Sentencing
District court erred in declaring the Federal Death Penalty Act unconstitutional. Though the evidentiary standard set forth in 18 U.S.C. section...
03/02/2004 02-1638

US v. LEUNG

United States Second Circuit
Criminal Law & Procedure, Sentencing
By faking his own death in the 9/11 attacks to avoid prosecution for passport fraud, defendant caused the government to expend substantial additional...
03/01/2004 02-1736

BRENNAN'S, INC. v. BRENNAN'S REST., LLC

United States Second Circuit
Intellectual Property, Trademark
Plaintiff's motion for a preliminary injunction, made during the pendency of its trademark infringement suit against owners of a New York City...
02/26/2004 03-7382

LUTWIN v. THOMPSON

United States Second Circuit
Administrative Law, Class Actions, Constitutional Law, Government Benefits, Health Law
The Medicare statute requires Home Health Agencies to give written notice before they reduce or terminate home health services for any reason. The Due...
02/26/2004 01-6269

RIVERKEEPER, INC. v. COLLINS

United States Second Circuit
Administrative Law, Civil Procedure, Environmental Law
Court lacks subject matter jurisdiction over the Nuclear Regulatory Commission decision denying plaintiff's request that the licensing of the two...
02/24/2004 03-4313

EVANGELISTA v. ASHCROFT

United States Second Circuit
Criminal Law & Procedure, Habeas Corpus, Immigration Law, Tax Law
Italian alien's petition for a habeas writ preventing his deportation was properly dismissed. He is deportable because he was convicted of an offense...
02/23/2004 03-2019

RIVERKEEPER, INC. v. EPA

United States Second Circuit
Administrative Law, Environmental Law, Water Law
Insofar as it allows compliance through "restoration measures," defendant's Regulation Addressing Cooling Water Intake Structures for New Facilities...
02/23/2004 02-4005, 02-4047, 02-4057, 02-4093, 02-4153, 02-4163, 03-40213

US v. LEIVA-DERAS

United States Second Circuit
Criminal Law & Procedure, Immigration Law, Sentencing
In sentencing a Salvadoran alien convicted of illegally reentering the US after deportation, district court erred in failing to apply a 16-level...
02/17/2004 02-1628

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