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United States Second Circuit - Opinion Summaries

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Description Date Docket #

GRIEVE v. TAMERIN

United States Second Circuit
Civil Procedure, Family Law
District court's determination that Younger abstention doctrine precluded federal court review of state court Hague Convention claim became final when...
10/18/2001 00-9271

TYLER v. DOUGLAS

United States Second Circuit
Government Benefits
Under 42 USC 1396b(d)(3)(B)(ii) of the Medicaid Act, Medicaid recipients are not entitled to any of the tobacco settlement funds that reimbursed...
10/17/2001 00-7839

US v. DE LA PAVA

United States Second Circuit
Criminal Law & Procedure, Immigration Law
An indictment for violation of 8 USC 1326(b)(2), illegally reentering the United States after having been deported, need not allege that the defendant...
10/16/2001 00-1116

US v. SANTIAGO

United States Second Circuit
Criminal Law & Procedure, Sentencing
The predicate facts supporting sentencing enhancement under 18 USC 924(e) are not elements of a separate, aggravated offense that must be charged in...
10/15/2001 98-1674

COMMODITY FUTURES TRADING COMM'N v. ARMSTRONG

United States Second Circuit
Civil Procedure
Where a civil contemnor has been in prison for over 18 months and claims inability to comply with contempt order, a party may obtain appellate review...
10/12/2001 01-6159, 01-6160

US v. HARRELL

United States Second Circuit
Criminal Law & Procedure
Even if a police officer did not subjectively observe a traffic violation, if his observations would lead an "objectively reasonable" officer to...
10/12/2001 00-1772

THE ATTORNEY GEN. OF CANADA v R.J.R. TOBACCO HOLDINGS, INC.

United States Second Circuit
Tax Law
The Racketeer Influenced and Corrupt Organizations Act, 18 USC 1961 et seq., does not provide an exception to the revenue rule, which holds that the...
10/12/2001 00-7972

ROBINSON v. GOV'T OF MALAYSIA

United States Second Circuit
International Law
The "non-discretionary torts" exception to the Foreign Sovereignty Immunities Act, 28 USC 1605(a)(5), does not apply to a claim that a government...
10/11/2001 00-7730

HODGE v. GREINER

United States Second Circuit
Criminal Law & Procedure, Habeas Corpus
Pendency of an Article 78 proceeding in the New York state courts where petitioner seeks material he claimed might be of help in developing a...
10/11/2001 01-2216

NATURAL RES. DEF. COUNCIL, INC. v. MUSZYNSKI

United States Second Circuit
Environmental Law
The Clean Water Act, 33 USC 1313, does not require total maximum daily loads to be expressed in terms of daily loads.
10/11/2001 00-6232

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