United States Second Circuit - Opinion Summaries

DULCE v. DULCE

Civil Procedure
The probate exception that normally denies federal court jurisdiction in probate cases does not preclude such jurisdiction when plaintiff is trying to...

US v. CHAKLADER

Criminal Law & Procedure
Under Fed. R. Crim. P. 35(c), a court may correct a calculation of the underlying sentence by reapportioning the miscalculated portion to the...

COMPAGNIE FINANCIERE v. MERRILL LYNCH PIERCE

Contracts, Securities Law
Contract which allowed broker to release hold on guanantor's collateral stock once creditor recieved "payment in full" from debtor applied when debtor...

US v. KENNEDY

Bankruptcy Law, Criminal Law & Procedure
Concealing assets in a bankruptcy proceeding constitutes a violation of judicial process within the meaning of USSG 2F1.1(b)(4)(B).

FRIENDS OF VAN CORTLANDT PARK v. CITY OF NEW YORK

Environmental Law
New York Court of Appeals certified to determine whether state legislative approval is required for New York City's construction of a water treatment...

LERMAN v. BOARD OF ELECTIONS

Constitutional Law, Elections
Witness residence requirement in Section 6-132 of the New York Election Law significantly burdens interactive political speech and political...

HERRERA v. PATAKI

Criminal Law & Procedure
Plaintiff's failure to respond to defendant's motion to dismiss under Fed. R. Civ. P. 12(b)(6) does not automatically merit dismissal of the...

US v. SOM

Criminal Law & Procedure
A court may not impose a sentence enhancement for using a short-barreled rifle during a bank robbery, under 18 USC 924(c), when the plea agreement and...

MASK v. MCGINNIS

Criminal Law & Procedure
State court's conclusion that plaintiff failed to show how his counsel's error could have affected the outcome of his plea agreement is not entitled...

DIESEL v. TOWN OF LEWISBORO

Civil Rights
A selective enforcement claim under the Equal Protection Clause of the Fourteenth Amendment cannot rest on the allegation that police officers refused...