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United States Second Circuit - Opinion Summaries

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Description Date Docket #

MCCORD v. AGARD

United States Second Circuit
Bankruptcy Law
Section 550(a)(1) of the Bankruptcy Code does not mandate that a trustee recover from the transferee the fair market value of property that was the...
05/30/2001 00-5051

LANDER v HARTFORD LIFE AND ANNUITY INS. CO.

United States Second Circuit
Securities Law
Variable annuities are "covered securities" as defined by Securities Litigation Uniform Standards Act of 1998, 15 USC 77p & 78bb(f), and preempt...
05/29/2001 00-7849

ISHIHARA CHEM. CO. v. SHIPLEY CO. LLC

United States Second Circuit
Civil Procedure
Under 28 USC 1782, which allows discovery for proceedings in a foreign jurisdiction, disposition of foreign proceeding will make appeals of discovery...
05/29/2001 00-9580(L), 01-7109(XAP)

SEQUA CORP. v. GELMIN

United States Second Circuit
Civil Procedure, Ethics & Professional Responsibility
Under Fed R. Civ. P. 24(a), a discharged lawyer, who has a charging lien against his former client that he believes is in jeopardy by ongoing...
05/24/2001 00-7025

LEWIS v. THOMPSON

United States Second Circuit
Constitutional Law
The Welfare Reform Act of 1996, 8 USC 1601-66, which prohibits female illegal aliens from receiving Medicaid-sponsored prenatal care, is not...
05/23/2001 00-6104

MCGINTY v. STATE OF NEW YORK

United States Second Circuit
Constitutional Law, Labor & Employment Law
The ADEA does not validly abrogate states' Eleventh Amendment sovereign immunity so federal courts do not have subject matter jurisdiction over state...
05/23/2001 00-7189

YONKERS BRANCH-NAT'L ASS'N FOR THE ADVANCEMENT OF COLORED PEOPLE v. CITY OF YONKERS

United States Second Circuit
Civil Rights, Education Law
The fact that state aid, while enhancing educational quality, coincidentally promotes racial diversity does not require a District Court to consider...
05/23/2001 98-6190L, 98-6199XAP, 99-6074CON, 99-6128CON, 99-6132CON, 00-6158CON

US v. ORTIZ

United States Second Circuit
Criminal Law & Procedure, Sentencing
SZentencing court may not apply a downward departure for "aberrant behavior" to the enhancement for trial perjury required by section 3C1.1 of the...
05/23/2001 00-1577

THE HERRICK CO., INC. v. VETTA SPORTS, INC.

United States Second Circuit
Civil Procedure
Where party opposing diversity jurisdiction has presented evidence that some parties have changed to a nondiverse residence, party seeking diversity...
05/23/2001 99-7976(L), 99-7996 & 99-7998(XAP)

SEAAIR NY, INC. v. CITY OF NEW YORK

United States Second Circuit
Constitutional Law, Transportation
City ordinance which prohibits commercial air tours does not violate the Supremacy Clause where tours fly into the airspace of another state but do...
05/23/2001 00-9096

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