United States Second Circuit - Opinion Summaries

COUNTY OF SUFFOLK v. LONG ISLAND LIGHTING CO.

Civil Procedure, Remedies
A settlement that stipulated a certain monetary amount does not include any tax consequences for the paying party.

US v. SHERPA

Criminal Law & Procedure, Sentencing
A court may not make downward departure below the lower limit of the applicable Sentencing Guidelines range for Criminal History Category I on the...

RAMIREZ v. ATTORNEY GEN. OF THE STATE OF NEW YORK

Criminal Law & Procedure, Habeas Corpus
Habeas petitioner's letter application to the New York Court of Appeals for leave to appeal for ineffective assistance of counsel under New York state...

GARTEN v. KURTH

Contracts, Dispute Resolution & Arbitration
In contesting the applicability of arbitration provision where plaintiff alleges fraud in the inducement, threats by the defendant that arbitration...

ZHAO v. US DEP'T OF JUSTICE

Immigration Law
Under the transitional rules of the IIRIRA, failure to identify errors in an Immigration Judge's rulings will result in a motion to reopen hearing...

ROMEU v. COHEN

Constitutional Law, Elections
The Uniformed and Overseas Citizens Absentee Voting Act and the New York Election Law do not violate the Constitution by extending the right to vote...

NAT'L UNION FIRE INS. CO. v. THE STROH COS., INC.

Insurance Law
The known loss doctrine will not bar coverage where, prior to coverage, the insured knew of the potential for an accident, but discovered the accident...

BENJAMIN v. FRASER

Civil Rights
Under the Prison Litigation Reform Act, prison plaintiffs need not show "actual injury" in denial of access-to-the-courts and right-to-counsel claims...

KALNIT v. EICHLER

Securities Law
Under 15 USC 78u-4(b)(2) of the Private Securities Litigation Reform Act, an allegation that corporate officers did not disclose the ability of a...

SIMON v. GEN. ELEC. CO.

ERISA
Under 29 USC 1132(a), an assignee of an assignee is not a "participant" or "beneficiary" of a plan.