United States Second Circuit - Opinion Summaries

JANKOWSKI-BURCZYK v IMMIGRATION & NATURALIZATION SERV.

Civil Rights, Constitutional Law, Immigration Law
Even assuming that lawful permanent residents (LPRs) and non-LPRs are similarly situated, the difference of treatment between the two groups in...

US v CUNNINGHAM

Criminal Law & Procedure, Sentencing
Defendant's plea agreement demonstrates that he did not waive his right to appeal the length of a supervised release term, but a sentence of time...

DIXON v MILLER

Criminal Law & Procedure
Drug conviction was supported by sufficient evidence concerning defendant's prior experience as a drug dealer, packaging of drugs found in the car he...

BEATTY v. US

Criminal Law & Procedure, Sentencing
Where recent decisions would not benefit appellant, a sentencing challenge does not warrant a certificate of appealability; other grounds for relief...

INFO. RES., INC. v. THE DUN & BRADSTREET CORP.

Antitrust & Trade Regulation, Civil Procedure
FRCP Rule 54(b) certification of final judgment was improper where a grant of partial summary to defendants in an antitrust action, on grounds that...

IN RE: LAWRENCE V.

Bankruptcy Law, Civil Procedure, Securities Law
Securities claims based on insider trading should have been recharacterized as motions to vacate a bankruptcy judgment and reopen the proceedings...

AFRICAN TRADE & INFO. CTR., INC. v. ABROMAITIS

Constitutional Law, International Trade, Government Law
Commissioner of the Connecticut Department of Economic and Community Development was entitled to qualified immunity on free speech retaliation and...

LUCKETT v. BURE

Civil Rights, Labor & Employment Law, Military Law
In a sergeant and civilian employee's action against the U.S. Army Reserves, Title VII protections extend to discrimination actions brought by...

COMMACK SELF-SERV. KOSHER MEATS, INC. v. WEISS

Agriculture, Constitutional Law
New York Agriculture & Markets Laws, aimed at preventing fraud in the kosher food industry, 1) excessively entangle state and religion through...

SENATOR LINIE GMBH & CO. KG v. SUNWAY LINE, INC.

Admiralty, Contracts
Under the Carriage of Goods by Sea Act, where neither the carrier nor the shippers had actual or constructive knowledge of the inherently dangerous...