United States Second Circuit - Opinion Summaries

VEGA v. MILLER

Civil Rights
Administrators at state-run college have qualified immunity for disciplining a professor for conducting a classroom exercise, initiated for legitimate...

UNIVERSAL CITY STUDIOS, INC. v. CORLEY

Cyberspace Law, Intellectual Property, Copyright
While computer code, and computer programs constructed from code can merit First Amendment protection, a content-neutral regulation that prohibits...

US v. MANAS

Criminal Law & Procedure, Sentencing
In sentencing for stock manipulation case under USSG 2F1.1(b)(1)(1998), the term "loss" may properly include an amount attributable to what the...

COMMERCIAL CLEANING SERVS., L.L.C. v. COLIN SERV. SYS., INC.

Antitrust & Trade Regulation
RICO allegation that defendant hired illegal aliens and underbid plaintiffs for open contracts alleges sufficient proximate causation for standing.

FULLER v. GORCZYK

Criminal Law & Procedure, Habeas Corpus
Exclusion of a witness's letter that admitted she lied about charges against defendant was not prejudicial to defendant where defendant himself...

MARTENS v. THOMANN

Civil Procedure, Ethics & Disciplinary Code
Due process requires notice and an opportunity to be heard before revocation of pro hac vice status.

ANABILE v. PELLIGRINO

Criminal Law & Procedure
New York Racing, Pari-Mutuel Wagering and Breeding Law allows for warrantless, administrative searches of racetrack facilities, barn areas, and...

PEOPLE v. OPERATION RESCUE

Constitutional Law
"Buffer zones" at abortion clinics under 18 USC 248(a)(1) of the Freedom of Access to Clinic Entrances Act are valid under the 1st Amendment, but...

KOYLUM, INC. v. PEKSEN REALTY CORP.

Oil and Gas Law
Under the Petroleum Marketing Practices Act (PMPA), 15 USC 2801 et seq., an agreement between a gas retailer and a distributor is a "franchise" even...

US v. WEINTRAUB

Criminal Law & Procedure, Environmental Law
The phrase "knowingly violates" in section 7413(c)(1) of the Clean Air Act does not require specific knowledge of the facts that meet the threshold...