United States Second Circuit - Opinion Summaries

MALIK v MCGINNIS

Criminal Law & Procedure
Denial of "forma pauperis" status was proper, pursuant to 42 U.S.C. section 1915(g)'s "three strikes rule," where defendant previously filed three...

MARCELLA v. CAPITAL DIST. PHYSICIANS' HEALTH PLAN, INC.

ERISA, Insurance Law, Labor & Employment Law
A group or association that contains non-employers cannot be an "employer" within the meaning of ERISA, thus plaintiff's claims did not relate to an...

CONSOL. EDISON CO. OF NEW YORK, INC. v. PATAKI

Constitutional Law, Public Utilities
Chapter 190 of the Laws of 2000 of New York, concerning negligence at nuclear facilities and recovery of costs from rate payers, is an...

MURDZA v. D.L. PETERSON TRUST

Injury & Tort Law
The court certified questions to the New York Court of Appeals, concerning 1) rebuttal by a vehicle lessee of the presumption of consent of the owner,...

US v. RIVERA

Criminal Law & Procedure, Sentencing
Modification of a sentence pursuant to 18 U.S.C. - 3582(c) is denied, because the plain wording of Amendment 591 to the U.S. Sentencing Guidelines...

LIU v INS

Criminal Law & Procedure, Immigration Law
In light of INS v. St. Cyr, 533 U.S. 289, federal courts retain jurisdiction under the general habeas corpus statute, 28 U.S.C. section 2241, to...

CIAMBRIELLO v COUNTY OF NASSAU

Civil Rights, Constitutional Law, Labor & Employment Law
A complaint sufficiently alleged that demotion from one civil service position to another was a deprivation of property without due process of law,...

HERTZNER v HENDERSON

Civil Procedure
A time limit within which to reinstate an appeal, agreed to by the parties in a stipulation approved by the court at a time when it lacked...

MCKETHAN v MANTELLO

Criminal Law & Procedure, Habeas Corpus
All issues presented by defendant in his petition for habeas corpus were exhausted for federal habeas purposes, either because they were fully...

US v. GORDON

Criminal Law & Procedure, Sentencing, Tax Law
Erroneous refusal to consider potential but unclaimed deductions in the calculation of tax loss under U.S.S.G. section 2T1.1, after a conviction for...