United States Second Circuit - Opinion Summaries

SALAHUDDIN v. ALAJI

Family Law
Congress did not intend the Child Support Recovery Act of 1992, 18 USC 228, to provide a private right of action based upon the willful nonpayment of...

US v. FISHER

Criminal Law & Procedure
In cases where a defendant executes a valid waiver of the right to appeal in a plea agreement, a district judge's statement after sentencing about a...

DIALLO v. INS

Immigration Law
Asylum applicant not required to provide corroborating documentary evidence where he was functionally illiterate and where he alleged native...

SANTALUCIA v. SEBRIGHT TRANSPORT

Attorney's Fees, Ethics & Professional Responsibility
Absent an agreement to the contrary, under New York law a dissolving law firm is entitled to the value of a contingenct fee award at the time of the...

IN RE: PHILIP SERVICES CORP. SECURITIES LITIGATION

Civil Procedure
For forum non conveniens analysis, a court may not give a plaintiff's choice of forum less weight when plaintiff is a class representative.

IN RE: BELL

Bankruptcy Law
Conversion of a bankruptcy case from Chapter 11 to Chapter 7 does not trigger a new period for filing objections to property claimed as exempt during...

SCHNABEL v. ABRAMSON

Civil Procedure, Labor & Employment Law
Evidence that defendant had no complaints about plaintiff is sufficient to raise a triable issue of fact regarding pretextual termination and defeat...

IAVORSKI v. INS

Immigration Law
The filing deadline for motions to reopen deportation proceedings may be equitably tolled when ineffective assistance of counsel caused the alien to...

GORDON v. NYC BOARD OF ED.

Labor & Employment Law
To establish a prima facie case of retaliatory conduct under Title VII, a plaintiff need not prove that defendant's agents, who gave her...

CONOPCO, INC. v. ROLL INTERNATIONAL

Civil Procedure
Federal courts sitting in diversity are not required to apply Fed. R. Civ. P. 13(a) to determine whether a party cannot raise a claim that should have...