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United States Second Circuit - Opinion Summaries

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Description Date Docket #

US v. ZAKHARY

United States Second Circuit
Criminal Law & Procedure, Sentencing
A presumption of harmlessness applies to the district court's failure to timely identify victims' losses as required for mandatory restitution...
02/04/2004 02-1750

SWABY v. ASHCROFT

United States Second Circuit
Criminal Law & Procedure, Habeas Corpus, Immigration Law
The repeal of INA section 212(c) by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) does not have an impermissibly...
02/03/2004 02-2068, 03-2298

RIVERKEEPER, INC. v. EPA

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

US v. CUELLO

United States Second Circuit
Criminal Law & Procedure, Juvenile Law, Sentencing
District court did not err in counting defendant's New York state youthful offender adjudication as a prior adult felony conviction for the purpose of...
02/03/2004 03-1321

PSINET LIQUIDATING LLC v. BEAR STEARNS & CO, INC.

United States Second Circuit

Securities Law
02/02/2004 03-7295

BLOUIN v. SPITZER

United States Second Circuit
Constitutional Law, Health Law
No federal law barred defendants from effectuating the state's interest in prolonging the life of a terminally ill citizen. In insisting that the...
02/02/2004 02-7997

LAMAR ADVER. OF PENN, LLC v. TOWN OF ORCHARD PARK

United States Second Circuit
Constitutional Law, Property Law & Real Estate
Plaintiff has standing to challenge a local ordinance that imposes fees and sets various size and location restrictions on signs. The later repeal of...
02/02/2004 03-7287, 03-7335

MUZE INC. v. DIGITAL ON DEMAND, INC.

United States Second Circuit
Civil Procedure, Dispute Resolution & Arbitration
Plaintiff's request to reinstate its case, initially made just six days after the expiration of the final settlement period, reasonably complied with...
01/30/2004 03-7444

BERNARD v. COUNTY OF SUFFOLK

United States Second Circuit
Constitutional Law
A political motive does not deprive prosecutors of absolute immunity from suit for authorized decisions made in the performance of their function as...
01/30/2004 02-9313

US v. MEJIA

United States Second Circuit
Criminal Law & Procedure
District court's ex parte response to a message from the jury was inappropriate, substantially erroneous and prejudicial to defendant. The court...
01/29/2004 02-1767

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