United States Second Circuit - Opinion Summaries

BAISCH v. GALLINA

Civil Procedure, Injury & Tort Law
In a civil fraud action alleging violations of section 1962(c) and (d) of RICO, as well as violations of state common law, summary judgment to several...

US v. JACKSON

Criminal Law & Procedure, Sentencing
An upward enhancement for use of "sophisticated means," U.S.S.G. section 2F1.1(b)(5)(C), was properly imposed, but the cumulative effect of all the...

ROBERSON v. GIULIANI

Attorney's Fees, Civil Procedure, Civil Rights
In a 42 U.S.C. section 1983 action, the court's retention of jurisdiction carried sufficient judicial approval of the settlement agreement to support...

CHEN v. INS

Immigration Law
Substantial evidence exists to support the Board of Immigration Appeals's adverse credibility determination, finding a Chinese national not credible,...

CITY OF BURLINGTON v. INDEM. INS. CO. OF N. AM.

Insurance Law
Under Vermont law, a paragraph of plaintiff's policies that excluded from coverage losses due to "latent defect" and various other listed internal...

DINACO, INC. v. TIME WARNER, INC.

Corporation & Enterprise Law
In an action for debts incurred by plaintiff based on an alleged joint venture between the defendant and a third party, summary judgement to...

WORLD TRADE CTR. PROPS., L.L.C. v. HARTFORD FIRE INS. CO.

Insurance Law, Property Law & Real Estate
Under the definition of "occurrence" in the insurance policy form circulated by plaintiffs' insurance broker, the destruction of the World Trade...

SCHNEIDER v. COLAIO

Administrative Law

BERRY v. KERIK

Administrative Law, Civil Procedure, Civil Rights
In a motion for appointment of counsel based on a prison conditions complaint, because prisoner plaintiff failed to exhaust his administrative...

WILLIAMS v. WILMINGTON TRUST CO.

Admiralty, Labor & Employment Law
In an action for penalties under the seaman's wage statutes, 46 U.S.C. sections 10313, 10504, summary judgment is affirmed where defendant, the...