United States Second Circuit - Opinion Summaries

LOCURTO v. SAFIR

Constitutional Law, Labor & Employment Law
Due process is satisfied so long as the government provides a neutral adjudicator at the post-termination hearing for a tenured public employee, and...

LEVY v. SOUTHBROOK INT'L INVS., LTD.

Securities Law
Where a binding conversion cap denies an investor the right to acquire more than 10 percent of the underlying equity securities of an issuer, at any...

NORA BEVERAGES, INC. v. PERRIER GROUP OF AM., INC.

Intellectual Property, Trade Dress
In a trade dress claim, the likelihood of confusion requires evidence that confusion is probable, not just possible.

IRBY v. NEW YORK CITY TRANSIT AUTH.

Civil Procedure
Litigants who move for summary judgment against pro se litigants must provide the pro se party with notice of the requirements of Rule 56 of the...

NAT'L LABOR RELATIONS BD. v. CAVAL TOOL DIV.

Labor & Employment Law
Under section 8(a)(1) of the National Labor Relations Act, an employee who questions management decisions at an employee meeting directed at an...

BAKER v. HEALTH MGMT. SYS., INC.

Corporation & Enterprise Law
New York Court of Appeals certified to determine whether a corporate officer who successfully defends himself in an underlying action may obtain...

GIRDEN v. SANDALS INT'L

Evidence, Injury & Tort Law
In a civil trial where the plaintiff alleges that the defendant's employee committed sexual assault, the jury may impose liability even if the...

CITY OF NEW YORK v. MINETTA

Environmental Law, Transportation
49 USC 41716(a)-(b), which requires the Secretary of Transportation to grant slot exemptions to airlines in New York metropolitan airports if they...

US v. SABBETH

Criminal Law & Procedure
The "property of a corporation," for purposes of the bankruptcy fraud statute at 18 USC 152(7), includes property the corporation would have had but...

IN RE: SUMITOMO COPPER LITIG.

Civil Procedure, Class Actions
A party seeking appeal under Fed. R. Civ. P. 23(f) must demonstrate either (1) the certification order will effectively terminate the litigation and a...