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United States Second Circuit - Opinion Summaries

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Description Date Docket #

VAN WIE v. PATAKI

United States Second Circuit
Constitutional Law, Elections
In the absence of a class action, there must be a reasonable expectation that the same complaining party would encounter the challenged action in the...
10/04/2001 00-7379

MALVOISIN v. IMMIGRATION & NATURALIZATION SERV.

United States Second Circuit
Immigration Law
Under 8 USC 1252(b)(1), failure to file a petition for review within 30 days after the date of the final order of removal deprives the appellate court...
10/03/2001 01-4001

GARCIA v. AKWESASNE HOUS. AUTH.

United States Second Circuit
Civil Procedure, Indian Law
The tribal exhaustion rule does not compel abstention by a federal court where a non-member asserts state and federal claims and nothing is pending in...
10/03/2001 00-9029

KUHALI v. RENO

United States Second Circuit
Immigration Law
Under 8 USC 1227(a)(2)(C) of the INA, a conviction for conspiracy to export firearms and ammunition under 18 USC 371 and 22 USC 2778 inherently...
10/03/2001 00-2531

GARCIA v. S.U.N.Y. HEALTH SCIS. CTR. OF BROOKLYN

United States Second Circuit
Civil Rights
A plaintiff may sue a state for money damages under Title II of the ADA if the plaintiff can establish that the Title II violation was motivated by...
10/03/2001 00-9223

NEW YORK MARINE & GEN. INS. CO. v. TRADELINE (L.L.C.)

United States Second Circuit
Admiralty, Insurance Law
Shipper did not breach its duty of "uberrimae fidae", the highest degree of good faith, to marine insurer by informing its agent that it sought...
10/03/2001 00-7825, 00-7855, 00-7903, 00-7933

US v. VASQUEZ

United States Second Circuit
Criminal Law & Procedure
A jury instruction that a crime involving cocaine or heroin automatically satisfies the interstate commerce element in Violent Crimes in Aid of...
10/03/2001 99-1774

HMI MECH. SYS., INC. v. MCGOWAN

United States Second Circuit
ERISA, Labor & Employment Law
ERISA does not preempt the New York State Department of Labor's use of the annualization formula to enforce state prevailing wage statute.
10/03/2001 00-7427

US v. GEORGE

United States Second Circuit
Criminal Law & Procedure
18 USC 1542, prohibiting any false statement in a passport application, requires specific intent to make a false statement in a passport application.
10/03/2001 00-1601

LEVENTHAL v. KNAPEK

United States Second Circuit
Constitutional Law, Labor & Employment Law
While a public employee may have a privacy right in the contents of office computer, an anonymous tip that the employee used the computer for...
10/03/2001 00-9306

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