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United States Second Circuit - Opinion Summaries

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DE KWIATKOWSKI v. BEAR STEARNS & CO, INC.

United States Second Circuit
Injury & Tort Law, Professional Malpractice, Securities Law
Insufficient evidence supported a finding that a broker undertook any role triggering a duty to volunteer advice and warnings between transactions to...
09/19/2002 01-7112

ADIRONDACK TRANSIT LINES, INC. v. UNITED TRANSP. UNION, LOCAL 1582

United States Second Circuit
Contracts, Dispute Resolution & Arbitration, Labor & Employment Law
An employer was not required to arbitrate its dispute with a union over its attorneys' preparation fees, because an arbitration clause contained an...
09/18/2002 01-7871

KRIMSTOCK v. KELLY

United States Second Circuit
Civil Rights, Constitutional Law, Property Law & Real Estate
Plaintiffs' due process rights were violated by the post- seizure, pre-judgment retention of vehicles absent a prompt opportunity to challenge the...
09/18/2002 00-9488

US v. CASADO

United States Second Circuit
Criminal Law & Procedure
A police officer's reach into defendant's pocket, and removal of its contents, was excessive in scope under Terry v. Ohio, 392 U.S. 1, and was an...
09/13/2002 01-1488

TCG NEW YORK, INC. v. CITY OF WHITE PLAINS

United States Second Circuit
Commercial Law, Communications Law, Contracts
Provisions of a city's franchising ordinance and a proposed franchise agreement are invalidated as contrary to Telecommunications Act of 1996 section...
09/13/2002 01-7213/7255

US v. PETTUS

United States Second Circuit
Criminal Law & Procedure, Sentencing
The text of, and legislative intent behind, 18 U.S.C. section 3583(h) permit judges to impose sentences that include renewed terms of supervised...
09/11/2002 01-1250

IN RE: THE CALDOR CORP.

United States Second Circuit
Bankruptcy Law, Civil Procedure
The plain text of Bankruptcy Code section 1109(b) indicates Congress intended to grant an unconditional statutory right for parties in interest to...
09/09/2002 00-5044

RESNIK v. SWARTZ

United States Second Circuit
Corporation & Enterprise Law, Securities Law
A corporation's proxy statement was not materially misleading, where neither the corporation nor its directors had any duty to disclose the grant-date...
09/06/2002 01-7140

GERBER v. COMPUTER ASSOC. INT'L, INC.

United States Second Circuit
Commercial Law, Contracts, Corporation & Enterprise Law, Cyberspace Law, Securities Law
Williams Act claims are sufficient as a matter of law where a tender offer commenced on the date that defendant issued a press release announcing an...
09/04/2002 00-9557

US v. THOMAS

United States Second Circuit
Criminal Law & Procedure
Appeal claiming that the government's use of peremptory challenges was tainted by racial considerations in violation of Batson v. Kentucky, 476 U.S....
09/04/2002 00-1593

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