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United States Second Circuit - Opinion Summaries

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Description Date Docket #

US v. CALDERON

United States Second Circuit
Criminal Law & Procedure
Defendant who pled guilty to being an alien felon found illegally in the United States under 8 USC 1326 may not challenge the court venue after...
03/01/2001 00-1489

POWERSERVE INT'L , INC. v. LAVI

United States Second Circuit
Civil Procedure
A district court may condition vacatur of a default judgement on a party's posting of bond even if the court did not find the default was willful.
03/01/2001 00-7438

MILANESE v. RUST-OLEUM CORP.

United States Second Circuit
Injury & Tort Law
The Federal Hazardous Substances Act, 15 USC 1261-1278, preempts any state cause of action that seeks to impose a labelling requirement on products...
03/01/2001 00-7527

TCPIP HOLDING CO., INC. v. HAAR COMMUNICATIONS, INC.

United States Second Circuit
Cyberspace Law, Intellectual Property, Trademark
Under the Federal Trademark Anti-Dilution Act, 15 USC 1125(c), weak, non-distinctive, descriptive marks do not qualify for the Act's protection, even...
02/28/2001 99-7744

DONOVAN v. MILK MKTG., INC.

United States Second Circuit
Labor & Employment Law
When a plaintiff presents evidence that age was a factor in his firing and the defendant responds with credible evidence of lawful motivations, the...
02/28/2001 99-7800

WHITFIELD v. SCULLY

United States Second Circuit
Civil Procedure, Civil Rights
28 USC 1915(b)(2), which limits costs to prisoners who file losing lawsuits to 20 percent of their earnings, generally requires sequential collection...
02/27/2001 98-2933

GOINS v. DECARO

United States Second Circuit
Civil Procedure, Civil Rights
A prisoner who complies with the Prison Litigation Reform Act of 1995, 28 USC 1915(b), and then withdraws his appeal may not obtain a refund of his...
02/27/2001 00-0121

CONBOY v AT&T CORP.

United States Second Circuit
Commercial Law, Communications Law
47 USC 222, which prohibits long distance phone carriers from revealing information about their callers, does not permit recovery of "presumed...
02/26/2001 00-7284

CLARENDON NAT'L INS. CO. v. KINGS REINSURANCE CO., LTD.

United States Second Circuit
Civil Procedure, Dispute Resolution & Arbitration
Under Section 4 of the Federal Arbitration Act, 9 USC 4, a district court's order compelling arbitration is independent and therefore immediately...
02/26/2001 00-9257

US v. JIMENEZ

United States Second Circuit
Criminal Law & Procedure
Under the Sentencing Guidelines, a defendant's criminal history category may be reduced because the prior convictions on which the category was...
02/23/2001 00-1243

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