2004 Second Circuit U.S. Court of Appeals Case Law

Plaintiff v. Defendant
Date: December 23, 2004
Citation: 392 F.3d 530

Empire Healthchoice, Inc.(d/b/a Empire Blue Cross & Blue Shield), Plaintiff-appellee,blue Cross and Blue Shield of New Jersey, Inc., Now Known As Horizon Healthcare Services, Inc., (d/b/a Blue Cross Blue Shield of New Jersey, Horizon Blue Cross Blue Shield, Horizon Blue Cross Blue Shield of New Jersey, and Horizon Bcbsnj), and Its Subsidiary, Horizon Health Care of New Jersey, Inc. (d/b/a Medigroup of New Jersey, Hmo Blue, and Horizon Hmo); Bcbsd, Inc. (d/b/a Blue Cross Blue Shield of Delaware); Blue Cross and Blue Shield of Florida, Inc., and Itsaffiliates, Health Options, Inc. and Capital Group Health Services of Florida, Inc., (d/b/a Capital Health Plan); Blue Cross Blue Shield of Georgia, Inc., and It Affiliates Hmo Georgia, Inc.; Bluecross and Blueshield of Massachusetts, Inc.; Bluecross Blue Shield of Michigan, and Its Subsidiary, Blue Care Network of Michigan Incorporated; Blue Cross Blue Shield of Mississippi, a Mutual Insurance Company, and Its Affiliate Hmo of Mississippi, Inc.; Blue Cross and Blue Shield of North Carolina, and Its Subsidiaries Personal Health Plan of North Carolina, Inc. and Health Maintenance Organization of North Carolina; Blue Cross and Blue Shield of Vermont; California Physicians' Services, (d/b/a Blue Shield of California) and Its Affiliate, Careamerica Life Insurance Company; Carefirst of Maryland, Inc., and Its Subsidiary Free State Health Plan Inc.; Empire Blue Cross and Blue Shield; Group Hospitalization & Medical Services, Inc., D/b/a Carefirst Bluecross Blueshield and Subsidiary; Louisiana Health Service & Indemnity Company, Inc., (d/b/a Blue Cross and Blue Shield of Louisiana); Mountain State Blue Cross & Blue Shield, Inc., and Its Subsidiary, Parker Benefits, Inc., (d/b/a Super Blue Hmo); New Hampshire-vermont Health Service, (d/b/a Blue Cross Blue Shield of New Hampshire) and Its Subsidiaries, Matthew Thomton Health Plan, Inc., Matthew Thornton Insurance, Inc. and Health Initiatives, Inc.; Healthnow New York, Inc., (d/b/a Blue Cross and Blue Shield of Western New York, Blue Shield of Northern New York); Trigon Insurance Company, (d/b/a Trigon Blue Cross Blue Shield) and Its Affiliates, Physicians Health Plan, Inc., Healthkeepers, Inc., Priority Health Care, Inc., Peninsula Health Care, Inc., and Trigon Administrators, Inc.; Excellus, Inc., and Its Subsidiaries, the Finger Lakes Companies, Inc., (and Its Subsidiaries, Finger Lakes Health Insurance Company, Inc. and Finger Lakes Medical Insurance Company, Inc.), Excellus of Central New York, Inc. (and Its Subsidiary Excellus Health Plan, Inc.) and Upstate Holding Company, Inc. (and Its Subsidiary, Utica-watertown Health Insurance Co., Inc.), Plaintiffs, v. Philip Morris Usa Incorporated; R.j. Reynolds Tobacco Company; Brown & Williamson Tobacco Corporation; Lorillard Tobacco Company; Liggett Group, Inc. and Liggett & Myers, Inc., Defendants-appellants,b.a.t. Industries P.l.c.; British American Tobacco Co.; United States Tobacco; Tobacco Institute, Inc.; Council for Tobacco Research-usa, Inc.; the Smokeless Tobacco Council, Inc.; Hill and Knowlton, Inc.; John Doe, Unknown Corporations A-z, Defendants
Date: December 22, 2004
Citation: 393 F.3d 312

No. 04-0957-cv
Date: December 20, 2004
Citation: 393 F.3d 120

David Thai, Petitioner, v. United States of America, Respondent,
Date: November 23, 2004
Citation: 391 F.3d 491

A.a., a Minor Under the Age of 21 Years, by His Parents J.a. and Franklin Alvarez, Plaintiffs-appellants,k.b., a Minor Under the Age of 21 Years, by the Parent S.b.; R.b., a Minor Under the Age of 21 Years, by the Parent S.b.; E.d.b., a Minor Under the Age of 21 Years, by His Parent, E.b.; J.c., a Minor Under the Age of 21 Years, by the Parent, G.f.; J.f., a Minor Under the Age of 21 Years, by the Parent, G.f.; D.c., a Minor Under the Age of 21 Years, by Her Parent, Sandra C.; S.c., a Minor Under the Age of 21 Years, by His Parent, G.w.; D.j., a Minor Under the Age of 21 Years, by Her Parent, S.j.; J.l., a Minor Under the Age of 21 Years, by His Parent, A.l.; K.m., a Minor Under the Age of 21 Years, by His Parent, C.c.; K.p., a Minor Under the Age of 21 Years, by His Parent, L.p.; J.s., a Minor Under the Age of 21 Years, by His Parent, C.d.; T.s., a Minor Under the Age of 21 Years, by His Parent, C.d.; M.s., a Minor Under the Age of 21 Years, by the Parent Tina S.; S.s., a Minor Under the Age of 21 Years, by the Parent, Tina S.; T.c.s., a Minor Under the Age of 21 Years, by His Parent Tina S.; V.s., a Minor Under the Age of 21 Years, by the Parent Tina S.; D.s., a Minor Under the Age of 21 Years, by His Parent R.s.; J.w., a Minor Under the Age of 21 Years, by His Parent M.w., Individually and on Behalf of Themselves and All Other Persons Similarly Situated; J.a.; S.b., As Parent of K.b. and R.b.; E.b., As Parent of E.d.b.; G.f., As Parent of J.c. and J.f.; Sandra C., As Parent of D.c.; G.w., As Parent of S.c.; S.j., As Parent of D.j.; A.l., As Parent of J.l.; C.c., As Parent of K.m.; L.p., As Parent of K.p.; C.d., As Parent of J.s.; Tina S., As Parent of S.s., M.s., T.c.s. and V.s.; R.s., As Parent of D.s.; M.w., As Parent of J.w., and As Residents and Taxpayers of Central Islip U.f.s.d., and All Other Persons Similarly Situated and Long Island Advocacy, Inc., Plaintiffs, v. Fred Philips, As Member of the Board of Education, Central Islip U.f.s.d. and Individually; Sandra Townsend, As Member of the Board of Education,central Islip U.f.s.d. and Individually; Helen Brannon, As Member of the Board of Education, Central Islip U.f.s.d. and Individually; Howard Koenig, As Superintendent of Schools of the Central Islip U.f.s.d. and Individually; Manuel J. Ramos, As Assistant Superintendent of Schools of the Central Islip U.f.s.d. and Individually; Jerry L. Jackson, As Assistant to the Superintendent of Schools of Central Islip U.f.s.d. and Individually; New York State Education Department; Richard P. Mills, Commissioner of Education of the State of New York; George E. Pataki, Governor of the State of New York and Board of Education, Central Islip U.f.s.d., Defendants-appellees,new York Lawyers for the Public Interest, Inc., Amicus Curiae
Date: October 19, 2004
Citation: 386 F.3d 455

Docket No. 03-7897(l)
Date: September 27, 2004
Citation: 385 F.3d 159

Seneca Nation of Indians, Plaintiff-appellant,tonawanda Band of Seneca Indians, United States of America, Plaintiffs-intervenors-appellants, v. the State of New York, New York Thruway Authority, John R. Platt, Executive Director, New York Thruway Authority, Defendants-appellees,moore Business Forms Corp., Individually and As a Representative of a Class of Landowners Similarly Situated, Defendant-appellee-cross-appellant,george E. Pataki, Governor, State of New York, Bernadette Castro, Commissioner, Parks, Recreation and Historic Preservation, Ronald W. Coan, Director, Erie County Industrial Development Agency, John Cahill, Commissioner, New York Department of Environmental Conservation, Joseph Boardman, Commissioner, New York Department of Transportation, Erie County, Individually and As a Representative of a Class of Landowners, Moore Business Forms, Individually and As a Representative of a Class of Landowners Similarly Situated, Indicom, Inc., Individually and As a Representative of a Class of Landowners Similarly Situated, Rado-mart Holdings, U.s., Inc., Individually and As a Representative of a Class of Landowners Similarly Situated, Ilona H. Lang, Individually and As Representative of a Class of Landowners Similarly Situated, Robert W. Weaver, Individually and As a Representative of a Class of Landowners Similarly Situated, Francis B. Pritchard, Individually and As a Representative of a Class of Landowners Similarly Situated, Defendants
Date: September 9, 2004
Citation: 383 F.3d 45

Seneca Nation of Indians, Plaintiff-appellant,tonawanda Band of Seneca Indians, United States of America, Plaintiffs-intervenors-appellants, v. the State of New York, New York Thruway Authority, John R. Platt, Executive Director, New York Thruway Authority, Defendants-appellees,moore Business Forms Corp., Individually and As a Representative of a Class of Landowners Similarly Situated, Defendant-appellee-cross-appellant,george E. Pataki, Governor, State of New York, Bernadette Castro, Commissioner, Parks, Recreation and Historic Preservation, Ronald W. Coan, Director, Erie County Industrial Development Agency, John Cahill, Commissioner, New York Department of Environmental Conservation, Joseph Boardman, Commissioner, New York Department of Transportation, Erie County, Individually and As a Representative of Class of Landowners and Similarly Situated, Moore Business Forms, Individually and As a Representative of a Class of Landowners Similarly Situated, Indicom, Inc., Individually and As a Representative of a Class of Landowners Similarly Situated, Rado-mart Holdings, U.s., Inc., Individually and As a Representative of a Class of Landowners Similarly Situated, Ilona H. Lang, Individually and As a Representative of a Class of Landowners Similarly Situated, Robert W. Weaver, Individually and As a Representative of a Class of Landowners Similarlysituated, Francis B. Pritchard, Individually and As a Representative of Class of Landowners Similarly Situated, Defendants
Date: September 9, 2004
Citation: 382 F.3d 245

Gary H. Ramey; Dean R. Droz; Euclides Paim; Dennis J. Seath; Ryan T. Abdool; Thomas P. O'grady; Joseph R. Cummings; Anthony Grginovich; Peter T. Ehrling; Martin Higgins; Joseph Pescatore; John I. Rudic; Rocco F. Salerno; Michael J. Dunne; Garry Hagstrom; Michael A. Pitelli; John Mcardle; Thomas J. Eng; Williammoskowitz; Michael J. Andrews; Laszlo Mayer; Wayne P. Feuerherm; Michael Frim; Charles Morro; John Untisz; Raymond J. Simuta; James M. Lowe; Jack K. Grimes; David R. Hill; John W. Lane; Stephen R. Cunningham; Alan W. Cockerham; Gerald W. Davidson; Allen D. Hilton; Eric J. Stoffer; Glenn R. Pigg; Christopher A. Koberg; Robert L. England; Edward S. Moore; Richard Shimkus; Richard Alluzio; Ernest J. Angelosanto; James L. Barnes; Normand J. Castonguay; Lloyd Cheney; Michael Chesna; Robert P. Clinton; Ronald E. Coffin; John H. Corkery, Iii; John N. D'angelo; Kenneth C. Danisevich; Elvio Delise; Ronald A. Fraser; Joseph J. Harrington; Joseph R. Huard; Ralph L. Imbriano; Herbert L. Johnson, Jr.; Peter D. Lawrence; Robert Lewis; Paul Lewis; Donald E. Loeber; Joseph Mcgrath; William A. Morgan; George A. Nichols; Edwin F. Parsons, Jr. and Robert E. Smith, Jr., Plaintiffs-appellees, v. District 141, International Association of Machinists and Aerospace Workers and International Association of Machinists and Aerospace Workers, Afl-cio, Defendants-appellants,kenneth Thiede, in His Capacity As President and General Chairman of District 141, International Association of Machinists and Aerospace Workers; David Snyder A/k/a David "duke" Snyder, in His Capacity As Assistant General Chairman, District 141, International Association of Machinists and Aerospace Workers; Us Airways Group, Inc.; Us Air, Inc., A/k/a U.S. Airways, Inc.; Shuttle, Inc. and John and Jane Does 1-20, Defendants
Date: August 10, 2004
Citation: 378 F.3d 269

State Farm Mutual Automobile Insurance Co., Plaintiff-appellant, v. Robert Mallela, Tatiana Rybuk, Paul Schneider, Advance Physical Medicine and Rehabilitation, P.c., D/b/a Mill Basin Physical Medicine, Ridgewood Medical Specialist and Hempstead Village Medical, Allied Medical Health Care, P.c., Astoria Physical Medicine and Rehabilitation, P.c., Atlantic Medical Practice, P.c., Avenue U Medical Services, P.c., Bay Medical Health Care & Diagnostic, P.c., Bettercare Health Pain and Management, P.c., D/b/a Firstcare of Bettercare Healthcare, Canarsie Medical Services, P.c., Central Medical Rehabilitation, P.c., Central Suffolk Medical Services, P.c., Citywide Medical Practice, P.c., Daka Medical, P.c., D/b/a Island Health Professionals, Farragut Medical Care, P.c., First Queens Physical Med. and Rehabilitation, P.c., Flatbush Medical Services, P.c., Fordham Medical Pain and Treatment, P.c., Franklin Medical Rehab., P.c., Grand Central Healthcare and Physical Medicine, P.c., Health First Medical Practice, P.c., Mallela Medical Services, P.c., Medical Services of Bayside, P.c., Mid-island Medical Healthcare, P.c., Mid-queens Medical Services, P.c., Millenium Medical Diagnostics, P.c., N.y. Alea Medical, P.c., N.y. Pro Care Medical & Rehabilitation, P.c., Oceanview Medical Care, P.c., Patients Choice Medical Services, P.c., Pelham Physical Medicine and Rehabilitation, P.c., Sterling Medical Diagnostic, P.c., Triborough Medical Diagnostic, P.c., Valley Physical Medicine & Rehabilitation, P.c., Valley Rehabilitation and Medical Offices, P.c., Victory Medical, P.c., Yonkers Medical Services, P.c., D/b/a Injury Relief Medical Care, Urban Medical Diagnostics, P.c., Frank Gomez, Lewis Bazokas, Olga Gazonas, Douglas Spiel, Dr., David Bass, Lawrence Lefcourt, George Bonetti, Igor Brodsky, Gerard Fusaro, Glenn Gallo, Roger Kaplan, Kevin Mcportland, Donald Musaffi, Joseph Mills, Jack Camarda, Alan Cohen, William Battaile, Injury Relief Medical Care, Dipak Nandi, Steven Nissenbaum, Harold Orr, Alan Perlmutter, Ruth Rodgers, Peter Swerz, Health Care Management, Inc., Babylon Health Care Management, Inc., Bonis Management Corp., Camelot Management, Carle Place Health Management Corp., Criscay Management Corp., Franklin Healthcare Management Corp., Gbi Management Corp., Jeffsam Corp., Niagara Diagnostics Inc., Office Master, Inc., Omega Management Corporation, Omega Management Corp., Rmk Management Corp., Inc., Triborough Healthcare Management, Inc., Universal Express and Swapnadip Lahiri, Defendants-appellees.allstate Insurance Company, Geico Insurance Company, Progressive Insurance, New York Central Mutual Fire Insurance Company, Encompass Insurance Company, Movants
Date: June 18, 2004
Citation: 372 F.3d 500

United States, Appellee, v. John Doe, Defendant-appellant
Date: April 21, 2004
Citation: 365 F.3d 150

No. 03-7332
Date: March 15, 2004
Citation: 361 F.3d 113

The European Community, Acting on Its Own Behalf and on Behalf of the Member States It Has Power to Represent, and the Kingdom of Belgium, Republic of Finland, French Republic, Hellenic Republic, Federal Republic of Germany, Italian Republic, Grand Duchy of Luxembourg, Kingdom of the Netherlands, Portuguese Republic, and Kingdom of Spain, Individually, Plaintiffs-appellants, v. Rjr Nabisco, Inc., R.j. Reynolds Tobacco Co., R.j. Reynolds Tobacco Company, R.j. Reynolds Tobacco International, Inc., Rjr Acquisition Corp., F/k/a Nabisco Group Holdings Corp. and R.j. Reynolds Tobacco Holdings, Inc., Philip Morris International, Inc., Philip Morris Companies, Inc., Philip Morris Incorporated, D/b/a Philip Morris Products, Inc., and Philip Morris Duty Free, Inc., Defendants-appellees.department of Amazonas, Department of Antioquia, Department of Atlantico, Department of Bolivar, Department of Caqueta, Department of Casanare, Department of Cesar, Department of Choco, Department of Cordoba, Department of Cundinamarca, Department of Huila, Department of La Guajira, Department of Magdalena, Department of Meta, Department of Narino, Department of Norte De Santander, Department of Putumayo, Department of Quindio, Department of Risaralda, Department of Santader, Department of Sucre, Department of Tolima, Department of Valle Del Cauca, Department of Vaupes and Santa Fe De Bogota, Capital District, Plaintiffs-appellants, v. Philip Morris Companies, Inc., Philip Morris Incorporated, D/b/a Philip Morris Products, Inc., Philip Morris Latin America Sales Corporation, Philip Morris Duty Free, Inc., British American Tobacco (investments) Ltd., B.a.t. Industries, P.l.c., Brown & Williamson Tobacco Corporation, Usa; Batus Tobacco Services, Inc. and British American Tobacco (south America) Ltd., Defendants-appellees.the European Community, Acting on Its Own Behalf and on Behalf of the Member States It Has Power to Represent, and the Kingdom of Belgium, Republic of Finland, French Republic, Hellenic Republic, Federal Republic of Germany, Italian Republic, Grand Duchy of Luxembourg, Kingdom of the Netherlands, Portuguese Republic, and Kingdom of Spain, Individually, Plaintiffs-appellants, v. Japan Tobacco, Inc., Jt International Manufacturing America, Inc., Jti Duty-free Usa, Inc., Jt International S.a., Japan Tobacco International U.s.a., Inc. and Premier Brands, Ltd., Defendants-appellees
Date: January 14, 2004
Citation: 355 F.3d 123