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United States Second Circuit - Opinion Summaries

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HOTEL EMPLOYEES & REST. EMPLOYEES UNION v. CITY OF NEW YORK DEP'T OF PARKS & RECREATION

United States Second Circuit
Constitutional Law, Labor & Employment Law, Property Law & Real Estate
A city owned-plaza was not a traditional public forum, and a performing arts center's policy (and its application to a union's proposed activities)...
11/18/2002 01-7602

TIGUE v. US DEP'T OF JUSTICE

United States Second Circuit
Administrative Law, Tax Law, Government Law
A memorandum, prepared for an IRS task force by a U.S. Attorney, and outlining opinions and recommendations as to criminal tax investigations, was a...
11/15/2002 01-6243

WALLACE v. NASH

United States Second Circuit
Criminal Law & Procedure, Habeas Corpus
A conviction for an inmate's "possession" of a weapon (Prohibited Acts Code, 28 C.F.R. section 541.13) may not properly be predicated on the injurious...
11/14/2002 01-2402

US v. GLENN

United States Second Circuit
Criminal Law & Procedure
Drawing all evidentiary inferences in the government's favor, no rational trier of fact could have found that the government's evidence proved...
11/14/2002 01-1602

DRAEGERT v. BARNHART

United States Second Circuit
Administrative Law, Government Benefits, Labor & Employment Law
The Commissioner of Social Security did not meet her burden of proving that a disability insurance benefits claimant had vocational skills that were...
11/14/2002 01-6185

CMTY. HEALTH CTR. v. SOC. SERV.

United States Second Circuit
Government Benefits, Health Law
In a suit challenging a "productivity screen" limiting reimbursements under the Medicaid Act, 42 U.S.C. section 1396a(bb)(1), that statute is...
11/12/2002 02-7061

MATTEL, INC. v. BARBIE-CLUB.COM

United States Second Circuit
Civil Procedure, Consumer Protection Law, Cyberspace Law
Subsection (d)(2)(A) of the Anticybersquatting Consumer Protection Act of 1999 provides for in rem jurisdiction only in the judicial district in which...
11/07/2002 01-7680

WINTER STORM SHIPPING, LTD. v. TPI

United States Second Circuit
Admiralty, Banking Law
Funds involved in electronic fund transfer between banks are subject to attachment under Rule B(1) of the Supplemental Rules for Certain Admiralty and...
11/07/2002 02-7078

MARVEL CHARACTERS, INC. v. SIMON

United States Second Circuit
Contracts, Entertainment Law, Intellectual Property, Copyright
An agreement made subsequent to a work's creation which retroactively deems it a "work for hire" constitutes an "agreement to the contrary" under...
11/07/2002 02-7221

LUCENTE v. INT'L BUS. MACHS. CORP.

United States Second Circuit
Contracts, Labor & Employment Law
Under New York law, the "employee choice doctrine" is applicable to a breach of contract claim, based on 1) employer's willingness to continue to...
11/06/2002 01-7857/7993

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