United States Second Circuit - Opinion Summaries

US v. RYBICKI

Criminal Law & Procedure, Insurance Law
18 U.S.C. section 1346 is not unconstitutionally vague as applied to the facts of this case, in which the defendants arranged for secret gratuities to...

US v. COOPER

Civil Procedure, Criminal Law & Procedure, Sanctions
The summary contempt power of FRCP rule 42(b) was impermissibly used where the allegedly contemptuous activity was failure to produce an affidavit,...

STONE v. COURTYARD MGMT. CORP.

Injury & Tort Law
In a personal injury action arising out of an accident involving a hotel's automatic door, summary judgment dismissing the negligence claim against...

DALLAS AEROSPACE, INC. v. CIS AIR CORP.

Commercial Law, Contracts
Summary judgment was properly granted to defendant on claims of breach of contract, fraudulent misrepresentation, and negligent misrepresentation. The...

US v. REYES

Criminal Law & Procedure, Evidence
District court improperly granted defendant's motion to suppress two statements he made during his arrest. Because the arresting officer asked...

COWAN v. BREEN

Constitutional Law
In a section 1983 action based on alleged excessive and fatal force used by an officer, qualified immunity for the officer is denied over claims the...

HAYUT v. STATE UNIV. OF NEW YORK

Civil Rights, Education Law
Where a professor repeatedly referred to plaintiff student as "Monica" due to her alleged likeness to Monica Lewinsky, claims of harassment and...

US v. SIMMONS

Criminal Law & Procedure, Sentencing
Defendant unsuccessfully appeals a judgment convicting him of transporting a minor in foreign commerce for the purpose of engaging in illegal sexual...

PADILLA v. RUMSFELD

Constitutional Law, Habeas Corpus
District court is instructed to issue a writ of habeas corpus to the plaintiff, who has been detained based on his designation as an enemy combatant....

STATE OF NEW YORK v. NAT'L SERVS. INDUS., INC.

Environmental Law, Government Law
Because the substantial continuity test departs from the federal common law rules of successor liability, it cannot be applied to determine whether a...