United States Second Circuit - Opinion Summaries

LEVITT v. BEAR STEARNS & CO., INC.

Civil Procedure, Class Actions, Securities Law
The district court's conclusion, that there were sufficient "storm warnings" that would have caused a reasonably prudent investor to discover...

WEBB v. GOORD

Civil Rights, Criminal Law & Procedure
Various claims of prison misconduct do not establish the existence of a policy existing throughout the New York State Dep't of Correctional Services...

MAGAN v. LUFTHANSA GERMAN AIRLINES

Injury & Tort Law, International Law
The district court erred when it 1) decided as a matter of law that injuries sustained in the course of light turbulence can never qualify as...

US v. SI LU TIAN

Criminal Law & Procedure, Evidence, Immigration Law, Sentencing
In a case involving smuggling Chinese nationals into the US, defendant's conviction on hostage-taking and conspiracy to take hostages counts are...

PATHWAYS, INC. v. DUNNE

Civil Procedure, Constitutional Law, Health Law, Property Law & Real Estate
Where there are no longer any pending state proceedings that could implicate the Younger abstention doctrine (Younger v. Harris, 401 U.S. 37 (1971))...

DIBBLE v. FENIMORE

Civil Procedure, Military Law
An interlocutory order denying the motion of the Commander of the State National Guard to dismiss the suit by reason of the doctrine of intra-military...

EGGHEAD.COM, INC. v. BROOKHAVEN CAPITAL MGMT. CO., LTD.

Securities Law
In a derivative action brought under section 16(b) of the Securities Exchange Act of 1934, with respect to short swing transactions in question,...

TRANSP. ALTERNATIVES, INC. v. CITY OF NEW YORK

Civil Rights, Constitutional Law
The city's fee-setting scheme for "special events" held on park property violates the First Amendment's guarantee of free speech.

ANTHONY v. CITY OF NEW YORK

Civil Rights, Constitutional Law
There is no individual liability for police pursuant to plaintiff's section 1983 claims based on alleged Fourth Amendment violations where warrantless...

SEVENCAN v. HERBERT

Constitutional Law, Criminal Law & Procedure, Evidence, Habeas Corpus
The district court properly conducted a Nieblas hearing to determine that the exclusion of petitioner's wife was justified. The state trial court's...