United States Second Circuit - Opinion Summaries

LEVIN v. TIBER HOLDING CORP.

Contracts
A third party beneficiary's right to performance under a holding contract is an intangible property of the beneficiary, but the right to performance...

BLUESTEIN & SANDER v. CHICAGO INS. CO.

Insurance Law
In a legal malpractice lawsuit against insured attorneys, insurer's delay of eight months after receiving plaintiff interrogatory responses, which...

DUNNIGAN v. METRO. LIFE INS. CO.

ERISA
Under section 502(a)(3)(B) of ERISA, a finding of bad faith is not a requirement in order to obtain interest on delayed benefit payments.

AUBURN HOUS. AUTH. v MARTINEZ

Government Benefits
Section 226 of the 1999 Veteran Affairs and HUD Appropriations Act, Pub. L. No. 105-276, 112 Stat. 2461, 2490 (1998), does not bar the Department of...

US v. NELSON

Criminal Law & Procedure
Defendant's consent to seating of a juror biased against him will not validate the jury panel where consent was obtained in exchange for enpanelling...

US v. DRISKELL

Criminal Law & Procedure, Sentencing
When calculating a defendant's criminal history under section 4A1.1 of the United States Sentencing Guidelines, a district court may consider a prior...

US v. CUERO-FLORES

Criminal Law & Procedure, Sentencing
For sentencing purposes, deportation does not automatically terminate a parole or special parole term, such that a criminal violation that occurs...

US v. KING

Constitutional Law, Criminal Law & Procedure
The Child Support Recovery Act of 1992, as amended by the Deadbeat Parents Punishment Act of 1998, 18 USC 228(a)(1), (a)(3), does not exceed the scope...

DAVIS v. NEW YORK CITY HOUSING AUTH.

Civil Rights
In public housing consent decree for desegregation of public housing, racially-neutral policies that merely slow the pace of desegregation may violate...

MACHADIO v. APFEL

Government Benefits
A non-attorney parent may bring a pro se action on behalf of her child appealing an administrative denial of disability benefits if she has a...