United States Second Circuit - Opinion Summaries

MEDISYS HEALTH NETWORK, INC. v. LOCAL 348-S UNITED FOOD & COMMERCIAL WORKERS

Civil Procedure, Labor & Employment Law
Where the district court, correctly or not, has determined pursuant to 28 U.S.C. section 1447(d) that an action concerning unpaid contributions will...

BURKE v. KODAK RETIREMENT INCOME PLAN

ERISA, Labor & Employment Law
A Summary Plan Description (SPD) was defective for omitting a critical restriction on plaintiff's eligibility for survivor income benefits as a...

MELZER v. BOARD OF EDUC. OF CITY SCH. DIST. OF CITY OF NEW YORK

Constitutional Law, Education Law
Although plaintiff teacher's freedom to associate with and advocate for North American Man/Boy Love Association (NAMBLA) is protected by the First...

CORRESPONDENT SERVS. CORP. v. FIRST EQUITIES CORP. OF FLORIDA

Civil Procedure, Judgement Enforcement
In a case involving attachment of assets, the grant of a Rule 41(a)(2) dismissal is vacated and remanded to resolve questions clarifying jurisdiction...

UNION OF NEEDLETRADES, INDUS. AND TEXTILE EMPLOYEES v. US IMMIGRATION AND NATURALIZATION SERV.

Attorney's Fees, Civil Procedure, Civil Rights
In view of the Supreme Court's decision in Buckhannon Bd. & Care Home v. West Virginia Dep't of Health & Human Res., 532 U.S. 598 (2001), a...

IN RE: THE BENNETT FUNDING GROUP, INC.

Bankruptcy Law, Constitutional Law, Corp. Governance, Corporation & Enterprise Law
In a trustee's complaint against a company's accounting and law firm alleging that they should have detected the fraud of the company, the district...

RONDOUT ELECTRIC, INC. v. NYS DEPT. OF LABOR

Constitutional Law, Labor & Employment Law
Because the state's implementation of the prevailing wage statute through use of an annualization formula is not within the scope of the preemption...

BOYD v. CITY OF NEW YORK

Civil Rights, Constitutional Law, Criminal Law & Procedure
Although police had probable cause to arrest defendant, there was no probable cause to prosecute him, thus his 42 U.S.C. section 1983 claim for...

I.B. v. NEW YORK CITY DEPT. OF EDUC.

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PHOTOPAINT TECHS., LLC v. SMARTLENS CORP.

Dispute Resolution & Arbitration
Although Federal Arbitration Act imposes a one-year statute of limitations on an application for an order of confirmation, because of a tolling...