United States Second Circuit - Opinion Summaries

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...

QUEENIE, LTD. v. NYGARD INT'L

Bankruptcy Law, Copyright, Intellectual Property, Remedies
An award of attorney's fees and punitive damages to defendant upon its successful defense of the plaintiffs' copyright infringement claim is affirmed....

COOK v. NEW YORK STATE BD. 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...

MILLER v. WOLPOFF & ABRAMSON, L.L.P.

Attorney's Fees, Debt Collection, Ethics & Professional Responsibility
Summary dismissal reversed on plaintiff's claim that plaintiffs violated the Fair Debt Collection Practices Act by sending debt collection letters...

MALAVE v. POTTER

Constitutional Law, Labor & Employment Law
A per se rule, that the lack of statistical information as to an applicant pool always renders it impossible to establish a prima facie disparate...

US v. ORLANDEZ-GAMBOA

Criminal Law & Procedure, Evidence
The admission of signed plea statements to Columbian prosecutors is not barred by Federal Rule of Evidence 410(4) or by the Fifth Amendment.

TORRES v. SENKOWSKI

Criminal Law & Procedure, Habeas Corpus
AEDPA's authorization requirement is jurisdictional and therefore cannot be waived. All successive petitions must comply with AEDPA's authorization...

OFFICIAL COMM. OF THE UNSECURED CREDITORS OF COLOR TILE, INC. v. COOPERS & LYBRAND, LLP.

Bankruptcy Law, Contracts
In an action for breach of fiduciary duty and breach of contract, the District Court's dismissal of the claims is affirmed, although some uncertainty...

WANG v ASHCROFT

Criminal Law & Procedure, Habeas Corpus, Immigration Law, International Law
In a multi-claim habeas appeal, (1) Federal courts have jurisdiction to consider the United Nations Convention Against Torture (CAT) claims raised in...