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United States Second Circuit - Opinion Summaries

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Description Date Docket #

FREDERICK v. WARDEN, LEWISBURG CORR. FACILITY

United States Second Circuit
Criminal Law & Procedure, Habeas Corpus
A waiver of collateral attack rights in a plea agreement did not preclude consideration of a habeas petition attacking the plea agreement itself, but...
10/18/2002 00-2544

LNC INVESTMENTS, INC. v. NAT'L WESTMINSTER BANK

United States Second Circuit
Banking Law, Bankruptcy Law
After a jury found that indenture trustees did not act imprudently in plaintiff bondholders' claims under the Trust Indenture Act, plaintiffs'...
10/17/2002 00-9419

INT'L MULTIFOODS CORP. v. COMMERCIAL UNION INS. CO.

United States Second Circuit
Commercial Law, Insurance Law, Transportation
A shipper demonstrated a fortuitous loss under an all-risk insurance policy where it lost possession of cargo upon seizure by Russian authorities, and...
10/17/2002 01-9285

MCSTAY v. I.C. SYSTEM, INC.

United States Second Circuit
Class Actions, Consumer Protection Law, Debt Collection
In a putative class action, ambiguity in a letter as to when the thirty-day period to dispute a debt would begin to run was not sufficiently confusing...
10/16/2002 01-9392

DELVALLE v. ARMSTRONG

United States Second Circuit
Criminal Law & Procedure, Habeas Corpus
State court jury instructions, on the reasonable doubt standard and the presumption of innocence, were not so erroneous as to deprive appellant of his...
10/15/2002 01-2675

WIT v. BERMAN

United States Second Circuit
Constitutional Law, Elections
The New York State Election Law does not impermissibly deny citizens who have homes in multiple communities the right to vote in multiple local...
10/15/2002 00-9482

MOORE v PAINEWEBBER, INC.

United States Second Circuit
Civil Procedure, Class Actions, Injury & Tort Law
Class certification of fraud claims based on oral misrepresentations is appropriate only where the misrepresentations relied upon were materially...
10/10/2002 01-9212

US v. QUINTIERI

United States Second Circuit
Criminal Law & Procedure, Sentencing
An appeal of a fine after carjacking convictions was not barred by the law of the case doctrine, and the district court erred when it imposed a fine...
10/10/2002 01-1013

HUNTINGTON HOSP. v. THOMPSON

United States Second Circuit
Administrative Law, Government Benefits, Health Law
A regulation promulgated by the Secretary of Health and Human Services in the implementation of the Prospective Payment System, which changed the...
10/10/2002 01-6095/97

US v. ALFISI

United States Second Circuit
Criminal Law & Procedure
Any ambiguity or failure to spell out adequately, in jury instruction, the difference between bribery and paying unlawful gratuities, was cured by the...
10/08/2002 01-1152

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