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United States Second Circuit - Opinion Summaries

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Description Date Docket #

PROFITNESS PHYSICAL THERAPY CTR. v. PRO-FIT ORTHOPEDIC & SPORTS PHYSICAL THERAPY P.C.

United States Second Circuit
Commercial Law, Consumer Protection Law, Intellectual Property, Trademark
Defendant in an action for trademark infringement, trademark dilution, and unfair competition under the Lanham Act, was not entitled to summary...
12/24/2002 01-7874

US v. SIMPSON

United States Second Circuit
Criminal Law & Procedure, Sentencing, Immigration Law
The rule of lenity applies to the U.S.S.G., but section 2L1.2(b) is not ambiguous and the district court was warranted in imposing an enhancement due...
12/24/2002 02-1059

FASHION BOUTIQUE OF SHORT HILLS, INC. v. FENDI STORES, INC.

United States Second Circuit
Commercial Law, Consumer Protection Law, Evidence, Injury & Tort Law
Plaintiff failed to put forward sufficient evidence that defendants' actions constituted "commercial advertising or promotion" under the Lanham Act....
12/23/2002 00-9094

MOHAMMED v. RENO

United States Second Circuit
Administrative Law, Immigration Law
The heightened standard for a stay of deportation, imposed by section 242(f) of the INA, 8 U.S.C. section 1252(f) (2000), is inapplicable where a...
12/20/2002 02-2443

US v. CARRASCO

United States Second Circuit
Criminal Law & Procedure, Sentencing, Immigration Law
Downward departures on "lesser harm" (U.S.S.G. section 5K2.11) and "exceptional family circumstances" (section 5K2.0) grounds were unavailable in a...
12/20/2002 01-1646

TAYLOR v. VERMONT DEP'T OF EDUC.

United States Second Circuit
Civil Rights, Education Law, Family Law
A mother, whose parental right to participate in her daughter's education had been revoked by a Vermont family court, lacked standing to pursue...
12/20/2002 01-7566

FRIEDMAN v. SALOMON/SMITH BARNEY, INC.

United States Second Circuit
Antitrust & Trade Regulation, Class Actions, Securities Law
Dismissal of a class action, alleging that defendants participated in a price-fixing scheme concerning the sale of securities, was proper as...
12/20/2002 01-7207

US v. DINERO-EXPRESS, INC.

United States Second Circuit
Criminal Law & Procedure, International Law
Conduct that begins with a sum of money located in one country and ends with a related sum of money located in another may constitute a transfer for...
12/19/2002 01-1634

DUNHAM v. TRAVIS

United States Second Circuit
Criminal Law & Procedure, Habeas Corpus
A habeas petitioner's trial counsel was not constitutionally ineffective, for essentially failing to renew an already-denied motion, or for failure to...
12/18/2002 01-2779

US v. BARRESI

United States Second Circuit
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...
12/18/2002 02-1039

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