United States Second Circuit - Opinion Summaries

SEC. & EXCH. COMM'N v. LOEWENSON

Corporation & Enterprise Law, Injury & Tort Law, Remedies, Securities Law
Shares of stock transferred to a company that defrauded the transferor and other victims, can be included in the receivership estate of the defrauding...

FULTON v. ROBINSON

Civil Rights, Criminal Law & Procedure, Injury & Tort Law
Where a contempt charge was dismissed on double jeopardy grounds, appellant's malicious prosecution claim was properly dismissed because he could not...

MEDFORMS, INC. v. HEALTHCARE MGMT. SOLUTIONS, INC.

Intellectual Property, Copyright
For copyright infringement purposes, an author can be a person who translates an original idea into a fixed expression or a person who authorizes...

STATE FARM FIRE & CAS. INS. CO. v. SAYLES

Injury & Tort Law, Insurance Law
Insurance policy is unambiguous, and its definition of "uninsured motor vehicle" and provision as to the limit of insurer's obligation to pay could...

US v. SZUR

Criminal Law & Procedure
In numerous challenges to appellants' convictions, the government sufficiently established the existence of a duty to accurately disclose excessive...

US v. BURRELL

Criminal Law & Procedure, Sentencing, Evidence
Appellant could not be convicted both of participation in a continuing criminal enterprise and of conspiracy to possess and distribute narcotics;...

CHAPMAN v. CHOICECARE LONG ISLAND TERM DISABILITY PLAN

Administrative Law, ERISA, Health Law, Labor & Employment Law
Where former employee, who was mentally ill, sued benefits plan for judicial review of its denial of her benefits, because the plan did not explicitly...

POLERA v. BOARD OF EDUC. NEWBURGH ENLARGED CITY SCH. DIST.

Administrative Law, Civil Procedure, Civil Rights, Education Law
Because the plaintiff failed to exhaust her administrative remedies under the Individuals with Disabilities Education Act, the district court lacked...

US v. RODRIGUEZ (MIMS)

Criminal Law & Procedure, Sentencing
No plain error occurred under Apprendi by court's misstatement in a plea proceeding as to the location and weight of the burden of proof on a factual...

SEABURY CONSTR. CORP. v. JEFFREY CHAIN CORP.

Contracts
Dismissal of a contract breach action was improper where the district court's interpretation of testing protocol incorporated into a purchase order...