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United States Second Circuit - Opinion Summaries

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Description Date Docket #

AIRTOUCH PAGING v. FCC

United States Second Circuit
Civil Procedure, Communications Law
Paging company does not have standing to challenge FCC regulation stating that paging companies are not "telephone exchange services," when other FCC...
12/12/2000 00-4035

ARMIENTI v. US

United States Second Circuit
Constitutional Law, Criminal Law & Procedure
Evidentiary hearing is required on defendant's ineffective assistance of counsel claim where defendant alleged that his attorney had a conflict of...
12/12/2000 99-2102

BIGIO v. THE COCA-COLA CO.

United States Second Circuit
Civil Procedure, Injury & Tort Law
A private party is not liable under the Alien Tort Claims Act, 28 USC 1350, for its failure to stop unlawful state action, even where it benefits from...
12/08/2000 98-9058

KONIKOFF v. THE PRUDENTIAL INC.

United States Second Circuit
Communications Law, Corporation & Enterprise Law, Injury & Tort Law, Securities Law
Publication of an outside investigator's report to shareholders and to the public at large does not permit liability unless the action is "grossly...
12/08/2000 99-9185

FRANCIS v. CITY OF NEW YORK

United States Second Circuit
Administrative Law, Civil Procedure, Civil Rights, Labor & Employment Law
Presentation of a Title VII claim to the EEOC is not a jurisdictional prerequisite, but only a precondition to bringing a Title VII action that can be...
12/08/2000 00-7286, 00-7364

DELEON v. STRACK

United States Second Circuit
Constitutional Law, Criminal Law & Procedure
Because the U.S. Supreme Court has permitted the use of restraints as a last resort, state courts have the discretion to determine that a defendant...
12/08/2000 00-2022

NIPPON FIRE & MARINE INS. CO. LTD. v. SKYWAY FREIGHT SYSTEMS, INC.

United States Second Circuit
Admiralty, Civil Procedure, Commercial Law, Contracts, Injury & Tort Law, Transportation
Secondary carrier is not directly liable for damaged goods because it is the undisclosed principal of its agent, the primary carrier, and entitled to...
12/08/2000 99-7988, 99-9482

US v. CORDOBA-MURGAS

United States Second Circuit
Criminal Law & Procedure
In applying sentencing enhancements for murders committed during a drug trafficking conspiracy, court must first apply a prodenerance of evidence...
12/07/2000 98-1280

KIA v. MCINTYRE

United States Second Circuit
Civil Rights, Constitutional Law, Health Law
Hospital was acting primarily as a health care provider, and not a state actor, by refusing to release newborn to parents when initial urine tests...
12/07/2000 98-9595

JAMES v. NEW YORK RACING

United States Second Circuit
Civil Procedure, Civil Rights, Labor & Employment Law
Summary judgment for employer is appropriate in age discrimination case even if employee can present some evidence of pretext, if evidence is...
11/29/2000 00-7040

Results 5921 to 5930 of 5959

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