United States Second Circuit - Opinion Summaries

FEIFER v. PRUDENTIAL INS. CO. OF AM.

ERISA, Government Benefits, Labor & Employment Law, Workers' Compensation
A Program Summary met the definition of a "plan" under ERISA, in an action under 29 U.S.C. section 1132(a)(1)(B), and the plan provided for long-term...

GOLDMAN v. ARCHITECTURAL IRON CO.

Contracts, Dispute Resolution & Arbitration
Where resolution of a controversy in arbitration required application of an unclear rule of law to a complex factual situation, in a dispute involving...

SPECHT v. NETSCAPE COMMUNICATIONS CORP.

Contracts, Cyberspace Law, Dispute Resolution & Arbitration, Injury & Tort Law
Downloading of a "plug-in" software program did not constitute acceptance of defendants' license terms under the circumstances, and privacy invasion...

PATEL v. SEARLES

Civil Rights, Constitutional Law, Criminal Law & Procedure
In alleging that a police chief and detective concocted and disseminated false evidence about him in a criminal investigation, plaintiff alleged facts...

LORIA v. CITY OF ROCHESTER

Civil Rights, Criminal Law & Procedure, Injury & Tort Law
A police officer was entitled to qualified immunity to claims of false arrest and false imprisonment, but not to Fourth Amendment claims to the extent...

CSX TRANSP. v. NEW YORK STATE OFFICE OF REAL PROP. SERVS.

Constitutional Law, Property Law & Real Estate, Transportation
In passing the Railroad Revitalization and Regulatory Reform Act of 1976, Congress abrogated the states' Eleventh Amendment immunity pursuant to its...

US v. CRISPO

Criminal Law & Procedure, Sentencing
A trustee in bankruptcy is an "officer" within the contemplation of the obstruction of justice statute, 18 U.S.C. section 1503(a). To justify upward...

NIAGARA MOHAWK POWER CORP. v. FED. ENERGY REGULATORY COMM'N

Administrative Law, Public Utilities
A utility's claim against the New York State Public Service Commission, for violation of the Public Utility Regulatory Policies Act of 1978, was...

BANK BRUSSELS LAMBERT v. FIDDLER GONZALEZ & RODRIGUEZ

Civil Procedure, Contracts, Injury & Tort Law
The New York long-arm statute provides jurisdiction over a Puerto Rican law firm in an action for breach of fiduciary duty and breach of contract, and...

COLLINS v. NEW YORK CITY TRANSIT AUTH.

Civil Rights, Contracts, Dispute Resolution & Arbitration, Labor & Employment Law
A negative arbitration decision rendered under a collective bargaining agreement does not preclude a Title VII action by a discharged employee, but a...