United States Second Circuit - Opinion Summaries

SEC v. BERGER

Civil Procedure, Securities Law
Where defendant's fraud was primarily perpetrated in the United States, the District Court properly determined that it had subject matter jurisdiction...

US v. ESTRADA

Criminal Law & Procedure, Evidence
Where there was sufficient evidence of two distinct conspiracies to distribute illegal drugs, the denial of a motion to dismiss several counts of two...

COOK v. NEW YORK STATE DIV. OF PAROLE

Criminal Law & Procedure, Habeas Corpus
State prisoners who wish to mount a federal habeas challenge to the revocation of their parole must do so under 28 U.S.C. section 2254 rather than 28...

UNITED FOR PEACE AND JUSTICE v. CITY OF NEW YORK

Constitutional Law
Order denying a permit for a protest march past the United Nations is affirmed where plaintiff has not demonstrated a "clear" or "substantial"...

IN RE: PENNIE & EDMONDS LLP

Civil Procedure, Sanctions
Where a sua sponte Rule 11 sanction denies a lawyer the opportunity to withdraw the challenged document pursuant to the "safe harbor" provision of...

USA v. DUKAGJINI

Evidence
Although some expert testimony interpreting the meaning of telephone conversations recorded through legal wiretaps should have been excluded, the...

CICIO v. VYTRA HEALTHCARE

ERISA, Health Law, Professional Malpractice
ERISA does not preempt claims arising out of defendant's decision to deny the plaintiff's deceased spouse preauthorization for a requested medical...

US v. RIPA

Asset Forfeiture, Attorney's Fees, Judgement Enforcement, Tax Law
Plaintiff can assert no priority on behalf of his attorney's lien over the federal tax liens under 26 U.S.C. section 6323(b)(8). District court is not...

GIANNULLO v. CITY OF NEW YORK

Criminal Law & Procedure, Evidence
Where the district court relied on defendants' Local Rule 56.1 statement to support the assertion that the police had received complaints of drug...

KINSELLA v. RUMSFELD

Labor & Employment Law
Plaintiff submitted sufficient evidence to survive the motion for summary judgment with respect to his unlawful termination claim but not with respect...