United States Second Circuit - Opinion Summaries

PHAM v. US

Criminal Law & Procedure, Habeas Corpus
The record as it presently exists does not support denial of a habeas petition, based on claims that a trial attorney rendered ineffective assistance...

CURRY v. CITY OF SYRACUSE

Civil Rights, Criminal Law & Procedure, Government Law
Genuine issues of material fact exist as to whether a police officer used excessive force in effecting the arrest of plaintiff, and whether he had...

SMITH v. CARPENTER

Civil Rights, Constitutional Law, Health Law
The district court properly determined that the jury could weigh the absence of adverse medical effects in assessing the objective sufficiency of a...

US v. THORN

Criminal Law & Procedure, Sentencing, Environmental Law
The district court erred in finding insufficient evidence that a Clean Air Act defendant's conduct did not result in a substantial likelihood that his...

JOCKS v. TAVERNIER

Civil Rights, Criminal Law & Procedure, Injury & Tort Law
In a false arrest claim, summary judgment was proper for an officer who observed conduct that amounted to an assault and established probable cause...

ZALEWSKA v. COUNTY OF SULLIVAN

Constitutional Law, Labor & Employment Law
A municipal transit authority's dress code, which mandates that all employees wear pants as part of a driver's uniform, is not an unconstitutional...

IN RE: STOCK EXCHS. OPTIONS TRADING ANTITRUST LITIG.

Antitrust & Trade Regulation, Securities Law
The district court correctly concluded that the Securities Exchange Act impliedly repeals Sherman Act section 1 with respect to the listing and...

CAMACHO v. BRANDON

Civil Rights, Elections, Labor & Employment Law
A city council employee and legislative aide to a council member could not maintain a 42 U.S.C. section 1983 civil rights action for his firing in...

JESSICA HOWARD LTD. v. NORFOLK S. RY. CO.

Commercial Law, Contracts, Transportation
The district court erred in determining that, as a matter of law, potentially operative documents all measure defendant rail carrier's liability by...

AMEX ASSURANCE CO. v. CARPIDES

Contracts, Injury & Tort Law, Insurance Law
In a 28 U.S.C. section 1335 action to determine beneficiaries of insurance policies, default beneficiary provisions were not unenforceable under New...