United States Second Circuit - Opinion Summaries

BRODY v. VILLAGE OF PORT CHESTER

Civil Procedure, Constitutional Law, Property Law & Real Estate
Plaintiff has standing to challenge the lack of individual notice that a formal determination and finding had been reached and published, triggering a...

KRIZEK v. CIGNA GROUP INS.

ERISA, Insurance Law
District court erred in finding that plaintiff is not entitled to long term disability benefits under a group long-term disability plan issued by the...

PUGH v. GOORD

Civil Procedure, Civil Rights, Constitutional Law
In a section 1983 action alleging that a prison refused to allow Shiite Muslim plaintiffs to hold their own congregate prayer services separate from...

PECHINSKI v. ASTORIA FED. SAV. & LOAN ASS'N

Banking Law, Consumer Protection Law

MIX v. DELAWARE & HUDSON RY. CO.

Civil Procedure, Injury & Tort Law, Labor & Employment Law, Transportation
Summary judgment in a Federal Employers' Liability Act (FELA) claim is affirmed where claimant knew, or should have known, of the existence and cause...

ASTRA OIL CO., INC. v. ROVER NAVIGATION, LTD.

Contracts, Dispute Resolution & Arbitration
Although plaintiff was not a signatory to the contract containing the arbitration clause it now seeks to enforce, the petition to arbitrate should...

BISHOP v. NAT'L HEALTH INS. CO.

Contracts, Injury & Tort Law, Insurance Law
The district court erred in finding that plaintiff's intoxication exclusion in their policy with defendant should not apply because the exclusion is...

POLLARA v. SEYMOUR

Entertainment Law, Injury & Tort Law
Dismissal of a suit under the Visual Artists Rights Act, 17 U.S.C. section 101 et seq. 37, is affirmed as the banner that was destroyed was not a...

CHEN v. IMMIGRATION & NATURALIZATION SERV.

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

BANCO DE SEGUROS DEL ESTADO v. MUT. MARINE OFFICE, INC.

Dispute Resolution & Arbitration, Insurance Law
In a consolidated appeal arising out of two separate reinsurance arbitrations, plaintiff explicitly waived its immunity to the posting of pre-hearing...