United States Second Circuit - Opinion Summaries

ALFANO v COSTELLO

Civil Rights, Labor & Employment Law
Evidence at trial was insufficient to establish that a corrections officer was subjected to a hostile work environment under Title VII, where the...

ANDERSON v. TREADWELL

Constitutional Law, Property Law & Real Estate
A state's regulation of in-home real estate solicitation, establishing "cease-and-desist zones" in which homeowners can elect not to receive such...

US v. CORIATY

Criminal Law & Procedure, Sentencing
In an appeal from wire fraud convictions, 1) the indictment clearly set out the offense for which defendant was convicted, 2) calculation of amount of...

ESTATE OF C.R. GRANT v. COMM'R OF INTERNAL REVENUE

Tax Law
In order to be tax-deductible to an estate under 26 USC section 2053, it is not sufficient for the personal representatives' administration expense...

MOSER v POLLIN

Civil Procedure
The probate exception to federal diversity jurisdiction bars the district court from exercising subject matter jurisdiction over a complaint, for...

US v. MARTINO

Criminal Law & Procedure, Sentencing
Imposition of a mandatory minimum sentence based on a conviction not alleged in the indictment did not violate Apprendi; court's finding that an...

LIAO v. US DEP'T OF JUSTICE

Immigration Law, International Law
A Chinese citizen, seeking asylum due to his resistance of China's family control policy, was properly denied relief, but the right to obtain asylum...

LAW OFFICES OF CURTIS V. TRINKO, L.L.P. v. BELL ATLANTIC CORP.

Antitrust & Trade Regulation, Communications Law
In a claim alleging that defendant denied plaintiff's local phone service provider equal access to defendant's local network, 1) plaintiff alleged...

FIFTH AVE. PRESBYTERIAN CHURCH v THE CITY OF NEW YORK

Constitutional Law, Remedies
A preliminary injunction, preventing the City from dispersing homeless individuals sleeping by invitation on a church's landings and steps, was...

BELL v CENDANT CORP

Contracts, Dispute Resolution & Arbitration
Language of an Adviser Agreement arbitration clause clearly and unmistakably demonstrates that the parties intended for the arbitrator to determine...