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United States Second Circuit - Opinion Summaries

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BANK OF CHINA, NEW YORK BRANCH v. NBM LLC

United States Second Circuit
Banking Law, Contracts, Evidence, Injury & Tort Law
In order to prevail in a civil RICO action predicated on any type of fraud, the plaintiff must establish "reasonable reliance" on the defendants'...
02/17/2004 02-9267

ZAREMBA v. GEN. MOTORS CORP.

United States Second Circuit
Evidence, Injury & Tort Law, Product Liability
The testimony of plaintiffs' experts, who failed to draw, model, or test their allegedly safer alternative automobile design, was properly excluded...
02/13/2004 03-7565

US v. CITY OF NEW YORK

United States Second Circuit
Civil Rights, Government Benefits, Labor & Employment Law
Plaintiffs, welfare recipients obliged to participate in New York City's Work Experience Program, are employees within the meaning of Title VII, and...
02/13/2004 02-6102

US v. HARRIS

United States Second Circuit
Constitutional Law, Criminal Law & Procedure
18 U.S.C. section 2252A(a)(5)(B), which prohibits the possession of child pornography, is a proper exercise of Congress's powers under the Commerce...
02/12/2004 03-1342

SWEDENBURG v. KELLY

United States Second Circuit
Commercial Law, Constitutional Law
New York's Alcoholic Beverage Control Law violates the First Amendment insofar as it prohibits all commercial speech pertaining to the sale of...
02/12/2004 02-9511, 03-7089

US v. MITCHELL

United States Second Circuit

Criminal Law & Procedure, Sentencing
02/11/2004 03-1385

US v. VELEZ

United States Second Circuit
Criminal Law & Procedure, Sentencing
In imposing a sentence under U.S.S.G. section 2X1.1 on a conspiracy conviction, a district court must make appropriate findings of the defendant's...
02/06/2004 03-1008

US v. AWADALLA

United States Second Circuit
Criminal Law & Procedure
Citing the twin rationales of dignity and deterrence, the appeal of an absconded, convicted felon is dismissed with prejudice under the fugitive...
02/06/2004 03-1378

US v. WHAB

United States Second Circuit
Criminal Law & Procedure
Defendant unsuccessfully appeals his conviction, arising from false statements made and false writings presented in applying for a US passport. There...
02/05/2004 02-1541

JONES v. FORD MOTOR CREDIT CO.

United States Second Circuit
Civil Procedure, Class Actions
28 U.S.C. section 1367 has displaced the earlier view that a permissive counterclaim requires independent jurisdiction; supplemental jurisdiction may...
02/05/2004 03-7398

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