United States Second Circuit - Opinion Summaries

MFS SECS. CORP. v. NEW YORK STOCK EXCH., INC.

Securities Law
Where a terminated member of the NYSE filed suit in the district court alleging antitrust violations, including a group boycott and a lack of process...

LONG ISLAND BD. OF REALTORS, INC. v. INC. VILLAGE OF MASSAPEQUA PARK

Constitutional Law
When a local entity-s regulation of the size, placement, and number of commercial signs placed on residential property, and prohibition of off-site...

J.C. v. REG'L SCH. DIST. 10, BD. OF EDUC.

Attorney's Fees, Civil Procedure, Education Law
In light of the Supreme Court-s rejection of the "catalyst theory" of recovery in Buckhannon Board and Care Home, Inc. v. West Virginia Department of...

ABRAMSON v. PATAKI

Constitutional Law, Labor & Employment Law
Where a memorandum of understanding (MOU) between a number of unions and a State convention center did not guarantee employment or limit the center-s...

SALIM OLEOCHEMICALS v. M/V SHROPSHIRE

Civil Procedure, Dispute Resolution & Arbitration
A dismissal without prejudice in favor of arbitration is an appealable final decision under the Federal Arbitration Act, 9 U.S.C. Section 16.

US v. HAQQ

Criminal Law & Procedure
A suspect does not have a reasonable expectation of privacy in a suitcase that belongs to another person in a home that he shares with the other...

IN RE: MID-ISLAND HOSP., INC.

Bankruptcy Law
Under 11 USC 541(a)(1), interest on money held by an insurance company for a debtor under statute is not "property of the estate" absent wrongdoing...

US v. MCDERMOTT

Criminal Law & Procedure
Under 18 USC 371, conspiracy to commit insider trading, failure to show a single conspiracy among all the defendants at variance with the indictment...

MOUNT VERNON FIRE INS. CO. v. BELIZE NY, INC.

Insurance Law
New York law does not permit an insurer to deny coverage based on the classification listings set forth in a policy if the policy does not contain...

US v. SABBETH

Criminal Law & Procedure, Sentencing
The recent amendment to the Sentencing Guideline, USSG 2S1.1, which became effective on November 1, 2001, regarding the grouping of fraud and money...