United States Second Circuit - Opinion Summaries

EZE v. SENKOWSKI

Criminal Law & Procedure, Evidence, Habeas Corpus
In an appeal of a child sexual abuse conviction, where defense counsel's trial strategy is unavailable for review, the denial of petitioner's writ of...

CHANNER v. BROOKS

Criminal Law & Procedure, Habeas Corpus
Because 1) the state court's legal conclusions were consistent with federal law, 2) its factual findings at the post-conviction hearing were...

PETERS v. BALDWIN UNION FREE SCH. DIST.

Labor & Employment Law
Because plaintiff presented evidence from which a reasonable jury could have concluded that the defendants terminated her because they perceived her...

PATSY'S BRAND, INC. v. I.O.B. REALTY, INC.

Commercial Law, Intellectual Property, Remedies, Trade Dress, Trademark
Based on the eight-factor likelihood of confusion test, defendants infringed a trademark and trade dress, but injunction should be modified to permit...

BENSADOUN v. JOBE-RIAT

Dispute Resolution & Arbitration
Where a broker's allegations disputing the customer status of the defendants clearly sufficed to raise factual issues requiring resolution by the...

GARCIA v. UNIVERSITY AT ALBANY, STATE UNIVERSITY OF NEW YORK

Education Law, Injury & Tort Law, Labor & Employment Law
Where there was no evidence that any of the defendants violated University rules in the course of pursuing disciplinary action against plaintiff,...

MCDONALD v. PENSION PLAN OF THE NYSA-ILA PENSION TRUST FUND

ERISA, Labor & Employment Law, Remedies
ERISA trumps a plan's break-in-service provision that limits the accrual of benefits arising from pre-ERISA employment. The district court acted well...

KRUELSKI v. STATE OF CONNECTICUT SUPERIOR COURT FOR THE JUDICIAL DIST. OF DANBURY

Constitutional Law, Criminal Law & Procedure
The Double Jeopardy Clause of the Fifth Amendment did not foreclose defendant's continued prosecution after a Connecticut trial court, at the close of...

ZEISL v. WATMAN

Attorney's Fees, Banking Law, Civil Procedure, International Law
No basis exists for a finding that attorney's fees paid to lawyers, for services rendered in connection with the creation of a multi-billion dollar...

US v. BARRESI

Criminal Law & Procedure, Sentencing
In gauging the proper extent of an upward departure, the district court erred in considering defendant's prior record and his lack of remorse, after...