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United States Second Circuit - Opinion Summaries

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HARGRAVE v. VERMONT PROT. AND ADVOCACY, INC.

United States Second Circuit
Civil Rights, Constitutional Law, Health Law
A suit challenging a Vermont law that overrides the durable power of attorney for health care for patients who are committed or imprisoned, Vt. Stat....
08/01/2003 02-7160

YUNG v. WALKER

United States Second Circuit
Criminal Law & Procedure, Habeas Corpus
A grant of a conditional writ of habeas corpus, challenging the closure of defendant's trial to relatives during the testimony of an undercover...
08/01/2003 01-2299

TRAMMELL v. KEANE

United States Second Circuit
Civil Rights
Prisoner's 42 U.S.C. section 1983 complaint is dismissed, where the imposition and enforcement of a discipline order did not violate the Eighth...
08/01/2003 01-0025

CLEAN AIR MARKETS GROUP v. PATAKI

United States Second Circuit
Constitutional Law, Environmental Law
New York's Air Pollution Mitigation Law, N.Y. Pub. Serv. L. section 66-k, is preempted by Title IV of the Clean Air Act Amendments of 1990, 42 U.S.C....
08/01/2003 02-7519, 02-7569

PARROT v. GUARDIAN LIFE INS. CO. OF AM.

United States Second Circuit
Contracts, Insurance Law
Because Connecticut law does not provide sufficient guidance on plaintiff's statutory claim for breach of an insurance contract under Conn. Gen. Stat....
07/31/2003 02-7980

BALDAYAQUE v. US

United States Second Circuit
Criminal Law & Procedure, Habeas Corpus
This court's holding in Smaldone v. Senkowski, 273 F.3d 133 (2001), does not always preclude the application of equitable tolling in a case where a...
07/30/2003 02-2611

TUFENKIAN IMPORT/EXPORT VENTURES, INC. v. EINSTEIN MOOMJY, INC.

United States Second Circuit
Copyright, Intellectual Property
In a copyright infringement case involving textile designs combining two unrelated public domain carpets, defendant's composition was substantially...
07/30/2003 02-7623

US v. PROPERTY, PARCEL OF AGUILAR

United States Second Circuit
Asset Forfeiture, Constitutional Law, Property Law & Real Estate
Pre-Civil Asset Forfeiture Reform Act burdens of proof do not violate due process.
07/28/2003 00-6312

MANLEY v. AMBASE CORP.

United States Second Circuit
Bankruptcy Law, Civil Procedure, Contracts, Corporation & Enterprise Law
In breach of contract action based on defendant's failure to indemnify plaintiff for amounts paid to settle claims by the bankrupt estate of a law...
07/28/2003 02-7032

HOLCOMB v. LYKENS

United States Second Circuit
Civil Rights, Constitutional Law, Criminal Law & Procedure
Defendants' failure to follow the Vermont Department of Corrections' written procedures when revoking plaintiff's extended furlough from prison did...
07/24/2003 02-7838

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