United States Second Circuit - Opinion Summaries

PROVOST v. THE CITY OF NEWBURGH

Civil Rights
For a wrongful arrest claim under 42 USC 1983, "direct participation" by a supervisor police officer requires intentional participation in the conduct...

US v. BAKER

Criminal Law & Procedure
Under 18 USC 1512(a)(1), murder with the intent to obstruct justice, a jury instruction that defendants "used physical force or attempted to do so" to...

SELLAN v. KUHLMAN

Criminal Law & Procedure, Habeas Corpus
A state court decision as to a particular federal claim can constitute an "adjudication on the merits" within the meaning of AEDPA even when the state...

GOLDBERG v. CABLEVISION SYS. CORP.

Communications Law
Under the Cable Act, a cable provider may not edit an advertisement for tapes and transcripts of a cablecast on a public access channel where the...

US v. WILLIAMS

Criminal Law & Procedure, Sentencing
A district court must apply USSG 5G1.3(b) to Rule 11(e)(1)(C) plea bargains that remain mute on how the sentence is to interact with an existing...

YURMAN DESIGN, INC. v. PAJ, INC.

Civil Procedure, Intellectual Property, Copyright
When deciding whether there is copyright infringement, a jury's findings as to "substantial similarity" are subject to the same deferential review...

NEWSPAPER GUILD OF NEW YORK v. NAT'L LABOR RELATIONS BD.

Labor & Employment Law
In determining whether two subsidiaries of the same corporation that successively operated the same business are alter egos or a single employer,...

WEINSTEIN v. ALBRIGHT

Civil Rights, Constitutional Law, Family Law
The denial and revocation of a passport to an individual who is more than $5000 in child support arrears without an opportunity for a federal hearing,...

US v. DESENA

Criminal Law & Procedure
In the context of rival motorcycle gangs, the talk of "war" and grabbing shirts from rival members is insufficient to support a conspiracy conviction...

COMMODORE ELEC. LTD. v. GOULD

Bankruptcy Law
A creditors' committee may acquire standing to pursue a debtor's claims if the committee has consent of the debtor in possession or trustee, the court...