United States Second Circuit - Opinion Summaries

KHAN v. ASHCROFT

Criminal Law & Procedure, Habeas Corpus, Immigration Law
Dismissal of habeas corpus petition challenging the constitutionality of Section 440(d) of AEDPA, which eliminated the Attorney General's...

SHAPIRO v. RIDDLE & ASSOC., P.C.

Attorneys' Fees, Debt Collection

IN RE RED DOT SCENIC, INC.

Bankruptcy Law

LOEWENSON v. LONDON MKT. CO.

Banking Law, Contracts, Insurance Law
District Court did not err in rejecting the defendant underwriters' claim for reformation; although the calculation of the amount of the unearned...

US v. ORTIZ

Criminal Law and Procedure, Sentencing

BRITISH INT'L INS. CO. LTD. v. SEGUROS LA REPUBLICA, S.A.

Civil Procedure, Constitutional Law
Plaintiff's move to vacate court's opinion on the ground that the parties entered into a stipulation to withdraw the appeal before the court issued...

JORGENSEN v. EPIC/SONY RECORDS

Copyright, Entertainment Law, Intellectual Property
Evidence of corporate receipt of unsolicited work is insufficient to raise a triable issue of access where there is no evidence of any connection...

US v. KAVOUKIAN

Criminal Law & Procedure
Defendant's appeal contending district court did not accurately instruct the jury as to the mens rea required to convict and that there was...

WELL-MADE TOY MFG. CORP. v. GOFFA INT'L CORP.

Copyright, Intellectual Property
In a copyright infringement action involving a rag doll, 1) registration of the copyright in a work does not implicitly register the copyright in its...

US v. CASTELLANOS

Criminal Law & Procedure
Sentencing for narcotics-related conviction is affirmed where an aberrant behavior departure under U.S.S.G. section 5K2.20 was properly denied.