2011 Second Circuit US Court of Appeals Case Law
Date: December 29, 2011
Docket Number: 09-4211
Justia Opinion Summary: Petitioner appealed from the district court's denial of habeas corpus relief after finding that he did not derive citizenship from his father. The district court ruled that petitioner was not in his father's "legal…
Date: December 23, 2011
Docket Number: 10-1862
Justia Opinion Summary: Plaintiff filed suit under the Employee Retirement Income Security Act (ERISA), 29 U.S.C. 1132(a)(1)-(3), seeking to recover funds that were erroneously removed from his pension fund account and credited to that of his…
Date: December 23, 2011
Docket Number: 10-3722
Justia Opinion Summary: Plaintiff alleged that Chase willfully and maliciously provided false information about his finances to Equifax, a consumer credit reporting agency. Chase removed the suit to federal court and moved for dismissal under…
Date: December 23, 2011
Docket Number: 10-4527
Justia Opinion Summary: The government appealed from two interlocutory orders. The first order suppressed cocaine seized from defendant's person incident to his warrantless arrest, as well as statements made by defendant, based on a lack of…
Date: December 22, 2011
Docket Number: 10-1781
Justia Opinion Summary: Claimant appealed from a judgment of the district court ordering the forfeiture to plaintiff United States, pursuant to 22 U.S.C. 401(a), of certain communication-jamming devices, to wit, the defendant-in-rem Jammers,…
Date: December 21, 2011
Docket Number: 09-0994
Justia Opinion Summary: Plaintiffs sought declaratory and injunctive relief, alleging that recently-enacted amendments to the New York City Administrative Code, commonly known as the "pay-to-play" rules, violated the First Amendment by unduly…
Date: December 20, 2011
Docket Number: 10-4220
Justia Opinion Summary: Defendant appealed from a conviction of 16 counts of aiding and assisting in the preparation of false federal income tax returns and was sentenced to concurrent terms of 41 months incarceration, three years' supervised…
Date: December 20, 2011
Docket Number: 11-2576
Justia Opinion Summary: Plaintiff appealed from a judgment of the district court dismissing her disability discrimination claim under the Americans with Disabilities Act (ADA), 42 U.S.C. 12101 et seq., as untimely. The court concluded that the…
Date: December 20, 2011
Docket Number: 11-462
Justia Opinion Summary: Petitioner, wanted in his native Greece on charges related to the kidnapping and murder of a minor, was certified extraditable after a hearing in the district court, notwithstanding certain arguments he made regarding…
Date: December 19, 2011
Docket Number: 08-6211
Justia Opinion Summary: Defendants, four executives of Gen Re and one of AIG, appealed from convictions of conspiracy, mail fraud, securities fraud, and making false statements to the SEC. The charges arose from an allegedly fraudulent…
Date: December 19, 2011
Docket Number: 09-3293
Justia Opinion Summary: Plaintiff appealed from the dismissal of its complaint for lack of subject matter jurisdiction and from the district court's order denying its motion for reconsideration. Plaintiff asserted, inter alia, claims against…
Date: December 19, 2011
Docket Number: 10-2026
Justia Opinion Summary: Plaintiff sought contribution under the Comprehensive Environmental Response and Compensation Act (CERCLA), 42 U.S.C. 9601-9675, for both past and future costs of cleaning up industrial pollution. The district court…
Date: December 16, 2011
Docket Number: 10-224
Justia Opinion Summary: Petitioner was convicted of murder in the second degree, arising out of the death of his estranged wife. Petitioner appealed from a judgment of the district court denying his petition for a writ of habeas corpus under 28…
Date: December 15, 2011
Docket Number: 10-903
Justia Opinion Summary: Plaintiff appealed from the district court's judgment dismissing for want of subject matter jurisdiction plaintiff's complaint seeking exoneration from or limitation of liability pursuant to the Exoneration and…
Date: December 14, 2011
Docket Number: 09-3925
Justia Opinion Summary: This was an interlocutory appeal from an order of the district court denying a motion to dismiss a suit seeking confirmation of an international arbitration award. Appellant contended that the petition should be…
Date: December 14, 2011
Docket Number: 09-4704
Justia Opinion Summary: Defendant was convicted of conspiring to violate the Foreign Corrupt Practices Act, 15 U.S.C. 78dd-1 et seq., and the Travel Act, 18 U.S.C. 1952, in violation of 18 U.S.C. 371 and of making false statements in violation…
Date: December 13, 2011
Docket Number: 10-4066
Justia Opinion Summary: Plaintiff appealed from an order of the district court vacating the attachment, pursuant to Rule B of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions of the Federal Rules of Civil…
Date: December 12, 2011
Docket Number: 10-1420
Justia Opinion Summary: Plaintiff brought suit under 42 U.S.C. 1983, alleging that defendants had retaliated against her for exercising her rights under the First Amendment. The district court granted summary judgment to defendants, holding…
Date: December 9, 2011
Docket Number: 06-2443
Justia Opinion Summary: Petitioner appealed from an order of the district court following an evidentiary hearing on a remand pursuant to United States v. Jacobson, denying petitioner's motion under 28 U.S.C. 2255 to set aside certain…
Date: December 8, 2011
Docket Number: 10-4305
Justia Opinion Summary: Plaintiff sued defendant, with which she had a catastrophic medical insurance policy, because defendant told her that she had not yet "incurred" sufficient charges to satisfy its deductible. Plaintiff claimed that…
Date: December 5, 2011
Docket Number: 10-4248
Justia Opinion Summary: Defendant appealed from a judgment of conviction for physically obstructing access to a reproductive services facility in violation of the Freedom of Access to Clinic Entrances Act (FACE Act), 18 U.S.C. 248. On appeal,…
Date: December 5, 2011
Docket Number: 11-1802
Justia Opinion Summary: Appellants appealed from an order of the district court denying hotel owners' motion for a preliminary injunction to prevent enforcement of Chapter 225 of the Laws of New York State of 2010, which prohibited rental of…
Date: December 1, 2011
Docket Number: 10-3550
Justia Opinion Summary: Plaintiff appealed from a judgment dismissing her disability-discrimination complaint against JetBlue. Plaintiff alleged that she required wheelchair assistance as a result of her disability and that JetBlue…
Date: December 1, 2011
Docket Number: 10-561
Justia Opinion Summary: Defendant was convicted of two counts of rape in the first degree. On appeal, defendant argued that he was denied his Sixth Amendment right to counsel on account of his trial counsel's failure to object, under New York…
Date: November 30, 2011
Docket Number: 10-826
Justia Opinion Summary: Plaintiff appealed from a judgment of the district court denying her petition to vacate an arbitration decision that rejected her claims, which asserted principally that defendant, her former employer, discriminated…
Date: November 29, 2011
Docket Number: 09-3266
Justia Opinion Summary: Appellant Spies petitioned for a rehearing on the court's decision in United States v. Nadirashvili where the court vacated appellant Solomonyan's sentence because the district court used the incorrect standard,…
Date: November 29, 2011
Docket Number: 10-1862
Justia Opinion Summary: Plaintiff filed suit under the Employee Retirement Income Security Act (ERISA), 29 U.S.C. 1132(a)(1)-(3), seeking to recover funds that were erroneously removed from his pension fund account and credited to that of his…
Date: November 23, 2011
Docket Number: 10-4090
Justia Opinion Summary: Defendant appealed from a judgment of the district court following his plea of guilty to a violation of the conditions of his supervised release. On appeal, defendant argued that the district court exceeded its authority…
Date: November 21, 2011
Docket Number: 10-4081
Justia Opinion Summary: Defendants, moved the district court to dismiss plaintiff's complaint pursuant to Federal Rule of Civil Procedure 12(b)(6), arguing that Mathew Trainor, a Fulton County Assistant District Attorney, was absolutely immune…
Date: November 16, 2011
Docket Number: 10-1885
Justia Opinion Summary: Defendant, former Majority Leader of the New York State Senate, appealed his conviction for honest services mail fraud, arising from defendant's failure to disclose conflicts of interest related to his receipt of…
Date: November 15, 2011
Docket Number: 10-4821
Justia Opinion Summary: Plaintiff, a New York state prisoner who practiced Rastafarianism, sued New York Department of Corrections officials, among others, under 42 U.S.C. 1983, alleging inter alia that these two defendants infringed his rights…
Date: November 14, 2011
Docket Number: 10-1528
Justia Opinion Summary: Plaintiff, a purchaser of auction rate securities (ARS), brought a purported class action lawsuit against defendants, alleging that defendants engaged in a scheme to manipulate the ARS market in violation of securities…
Date: November 10, 2011
Docket Number: 11-314
Justia Opinion Summary: Plaintiff filed suit alleging that two shoe lines manufactured by defendant infringed plaintiff's trademark. At issue was whether a trademark registrant's delivery of a covenant not to sue, and voluntary dismissal of its…
Date: November 7, 2011
Docket Number: 09-4958
Justia Opinion Summary: Plaintiff, in his role as executor of the estate and personal representative of his wife, who perished in the terrorist attacks of September 11, 2001, as well as in his individual capacity, filed suit alleging claims…
Date: November 4, 2011
Docket Number: 10-4270
Justia Opinion Summary: Plaintiff appealed from a judgment of the district court granting defendant's motion to dismiss her complaint. On appeal, plaintiff principally contended that the dismissal of her claim brought pursuant to section 7434…
Date: November 3, 2011
Docket Number: 09-4061
Justia Opinion Summary: This appeal and cross-appeal concerned the pension benefits owed to plaintiff, a retired carpenter, and members of a class he purported to represent. Plaintiff asserted that the pension fund was guilty of seven…
Date: November 3, 2011
Docket Number: 10-3399
Justia Opinion Summary: Appellants brought various claims before Financial Industry Regulatory Authority (FINRA) arbitrators against Ameriprise, a financial-services company, for, inter alia, breach of fiduciary duty, breach of contract, fraud,…
Date: October 31, 2011
Docket Number: 10-1425
Justia Opinion Summary: Plaintiff, employed as a security officer by defendant, contended that he was sexually harassed by a co-worker and brought an action against defendant, asserting claims for constructive discharge, hostile environment…
Date: October 28, 2011
Docket Number: 10-1648
Justia Opinion Summary: Plaintiffs, Wachovia Bank and WCM, appealed from a judgment of the district court dismissing their action seeking to enjoin an arbitration proceeding brought by VCG before the Financial Industry Regulatory Authority,…
Date: October 27, 2011
Docket Number: 10-205
Justia Opinion Summary: Petitioner, a New York state prisoner serving a 10-year sentence for first-degree robbery, appealed a judgment by the district court denying his pro se petition for a writ of habeas corpus. Although the district judge…
Date: October 26, 2011
Docket Number: 08-3327
Justia Opinion Summary: Defendant appealed from his conviction of four counts of use of the mail or wires in furtherance of fraud that deprived the United Nations, his former employer, of its intangible right to his honest services in violation…
Date: October 26, 2011
Docket Number: 10-1526
Justia Opinion Summary: Defendant, a previously convicted felon, appealed his conviction for possession of a firearm and ammunition. On appeal, defendant contended that the district court's failure to suppress his pre-arrest statements made…
Date: October 24, 2011
Docket Number: 10-3381
Justia Opinion Summary: Defendant appealed from a judgment convicting him of (1) conspiracy to violate the Iranian Transaction Regulations (ITR) and operate an unlicensed money-transmitting business; (2) violating the ITR; (3) operating an…
Date: October 21, 2011
Docket Number: 10-1199
Justia Opinion Summary: Defendant was a crack cocaine offender who was convicted after trial and sentenced in 1996 to a 292-month term of imprisonment. On January 14, 2008, defendant filed a motion in district court pursuant to 18 U.S.C.…
Date: October 20, 2011
Docket Number: 05-6408
Justia Opinion Summary: These consolidated appeals, which have been returned to the court on remand from the United States Supreme Court, once again called upon the court to consider whether - and, if so, on what grounds - the Oneida Indian…
Date: October 20, 2011
Docket Number: 08-1358
Justia Opinion Summary: Plaintiff appealed from the judgment of the district court dismissing its suit for improper venue on the basis of a forum selection clause mandating Ireland as the appropriate venue for the contract dispute between the…
Date: October 20, 2011
Docket Numbers: 10-4934, 10-4938, 10-1961
Justia Opinion Summary: The interlocutory appeals subject to the motion before the court arose from conjoined multi-party actions stemming from a maritime disaster during which the M/V Rickmers Genoa vessel collided with the M/V Sun Cross…
Date: October 20, 2011
Docket Number: 11-37
Justia Opinion Summary: In this case, in which a jury found defendant guilty on one count of money laundering conspiracy, and nine counts of Clean Air Act violations, 42 U.S.C. 7413(c)(1), the parties cross-appealed from an amended judgment of…
Date: October 19, 2011
Docket Number: 09-3804
Justia Opinion Summary: Plaintiffs, participants in retirement plans offered by defendants and covered by the Employee Retirement Income Security Act (ERISA), 29 U.S.C. 1001 et seq., appealed from a judgment dismissing their ERISA class action…
Date: October 19, 2011
Docket Number: 10-485
Justia Opinion Summary: Plaintiff brought this action against the Village Defendants alleging a violation of his constitutional rights as a result of the Zoning Board of Appeals' denial of his application for a certificate of occupancy (CO) for…
Date: October 19, 2011
Docket Number: 10-792
Justia Opinion Summary: Plaintiffs appealed from a decision granting defendants' motion to dismiss plaintiffs' complaints for failure to state a claim upon which relief could be granted. Plaintiffs, participants in two retirement plans offered…
Date: October 17, 2011
Docket Number: 09-4650
Justia Opinion Summary: Plaintiff, an inmate in Great Meadow Correctional Facility, originally filed suit pro se against three Great Meadow employees, alleging pursuant to 42 U.S.C. 1983, that he was improperly denied access to…
Date: October 17, 2011
Docket Number: 10-3854
Justia Opinion Summary: Plaintiff appealed from a judgment dismissing as time-barred a putative class action alleging violations of the Telephone Consumer Protection Act (TCPA), 47 U.S.C. 227, arising from the transmission of an unsolicited…
Date: October 14, 2011
Docket Number: 10-1241
Justia Opinion Summary: This case stemmed from plaintiff's complaint, alleging that on September 11, 2001, a bomb was detonated inside the Pentagon, that no plane hit the Pentagon, and that various identified United States civilian and military…
Date: October 12, 2011
Docket Number: 10-3943
Justia Opinion Summary: Appellants sued New York City and the State, along with a number of city and state officials, challenging a tax scheme that exempted New York City residents from a tax levied on parking services rendered in Manhattan.…
Date: October 5, 2011
Docket Number: 09-1556
Justia Opinion Summary: Plaintiffs appealed from a dismissal of their complaint, which sought a declaratory judgment that, inter alia, the Financial Industry Regulatory Authority, Inc. (FINRA) lacked the authority to bring court actions to…
Date: October 4, 2011
Docket Number: 10-4132
Justia Opinion Summary: Plaintiff appealed from the district court's grant of summary judgment in favor of defendants on her claims of sex discrimination under Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq, and the New York…
Date: October 3, 2011
Docket Number: 10-2994
Justia Opinion Summary: Defendant appealed from a judgment of the district court, following his guilty plea to conspiring to commit bank fraud in violation of 18 U.S.C. 1349. At sentencing, defendant argued that he was not responsible for the…
Date: September 30, 2011
Docket Number: 08-3075
Justia Opinion Summary: Plaintiffs, a group of prospective political candidates, petition circulators, and voters, appealed from the district court's order awarding summary judgment to the Board of Elections in the City of New York and…
Date: September 29, 2011
Docket Number: 10-1230
Justia Opinion Summary: Defendant was convicted of crimes committed while working for American Airlines at JFK Airport, specifically, conspiracy to import and actual importation of five or more kilograms of cocaine and conspiracy and attempt to…
Date: September 28, 2011
Docket Number: 10-599
Justia Opinion Summary: Petitioner was convicted in New York for promoting prostitution in the third degree and subsequently sought review of the BIA's order declining to reconsider whether she had been convicted of an aggravated felony and…
Date: September 27, 2011
Docket Number: 10-2404
Justia Opinion Summary: This appeal concerned tax deductions that Altria claimed in 1996 and 1997, and which the IRS disallowed. The claimed deductions resulted from Altria's participation in nine leveraged lease transactions with…
Date: September 26, 2011
Docket Number: 09-1892
Justia Opinion Summary: Appellants appealed the dismissal of their class action complaint against Nextel, the law firm of Leeds, Morelli & Brown, P.C. (LMB), and seven of LMB's lawyers (also LMB). Appellants were former clients of LMB who…
Date: September 26, 2011
Docket Number: 10-1884
Justia Opinion Summary: Plaintiffs, on behalf of themselves and all other similarly situated, filed a complaint alleging that defendants violated the minimum wage and overtime provisions of the Fair Labor Standards Act (FLSA), 29 U.S.C. 201-19,…
Date: September 23, 2011
Docket Number: 10-2434
Justia Opinion Summary: Petitioner, a native and citizen of China, sought review of the BIA's order affirming the IJ's decision denying her application for asylum, withholding of removal, and relief under the Convention Against Torture on the…
Date: September 22, 2011
Docket Number: 11-235
Justia Opinion Summary: UBS appealed the denial of their motion for a preliminary injunction enjoining defendants from proceeding with an arbitration before the Financial Industry Regulatory Authority (FINRA), and alternatively requiring that…
Date: September 21, 2011
Docket Number: 09-1051
Justia Opinion Summary: Defendants appealed their convictions for conspiring to kill U.S. officers, to acquire and export anti-aircraft missiles, and to provide material support to a known terrorist organization. Two defendants were…
Date: September 20, 2011
Docket Number: 10-3165
Justia Opinion Summary: The government appealed from an order of the district court granting a preliminary injunction to stay enforcement of provisions of the Prevent All Cigarette Trafficking Act (PACT Act), Pub. L. No. 111-154, section 2(a),…
Date: September 20, 2011
Docket Number: 10-4683
Justia Opinion Summary: Defendant appealed his conviction for visa fraud and conspiracy to commit visa fraud, as well as his sentence. Defendant had requested specific jury instructions with respect to the government's burden of proof regarding…
Date: September 19, 2011
Docket Number: 10-1953
Justia Opinion Summary: Petitioner, a native and citizen of Cameroon, petitioned from an order of the BIA affirming the IJ's denial of asylum, but granting his application for withholding of removal. At issue was whether the government's prima…
Date: September 19, 2011
Docket Number: 10-72
Justia Opinion Summary: Defendant was convicted of various sex offenses. On defendant's appeal from his conviction and sentence imposed by the district court, counsel filed a motion with this court pursuant to Anders v. California and the…
Date: September 16, 2011
Docket Number: 08-3771
Justia Opinion Summary: This case stemmed from the use of the pesticide dichlorovinyl dimethyl phosphate (DDVP) to kill many types of insects. The NRDC sought review of an EPA order overruling the NRDC's objections to, inter alia, the EPA's…
Date: September 16, 2011
Docket Number: 10-3150
Justia Opinion Summary: Defendant was convicted of narcotics violations and unlawful possession of a firearm. At issue was whether the district court abused its discretion when it declined to sever the firearm count. The court held that the…
Date: September 15, 2011
Docket Numbers: 09-3742, 09-3787
Justia Opinion Summary: This case arose out of the attempts of two federal agencies to disgorge funds from Janet Schaberg, the ex-wife of alleged Ponzi-scheme artist Stephen Walsh. Schaberg subsequently appealed from a memorandum decision and…
Date: September 15, 2011
Docket Number: 10-1320
Justia Opinion Summary: Plaintiff appealed pro se an order dismissing his complaint against defendants for failure to state a claim. Plaintiff alleged that medical care providers, Christopher Aiken and Dr. James Hohensee, at the Niagara County…
Date: September 14, 2011
Docket Number: 09-4723
Justia Opinion Summary: Petitioner appealed the district court's denial of his petition for habeas corpus brought under 28 U.S.C. 2254, which claimed a violation of his Sixth Amendment right to a public trial. The claim rested on the New York…
Date: September 13, 2011
Docket Number: 10-1590
Justia Opinion Summary: This was an appeal from three orders: (1) denying summary judgment to Wachovia on the ground that appellee had adequately requested reinstatement to his prior employment position following a period of active military…
Date: September 9, 2011
Docket Number: 10-731
Justia Opinion Summary: Defendant, James Gansman, appealed from a judgment convicting him of insider trading under the so-called "misappropriation theory." At issue was whether the district court erred in declining to adopt an instruction…
Date: September 8, 2011
Docket Number: 10-2086
Justia Opinion Summary: This case arose when plaintiff, by her mother and natural guardian, brought a medical malpractice action under the Federal Tort Claims Act (FTCA), 28 U.S.C. 1346, 2401, 2671-2680, claiming that the injury plaintiff…
Date: September 8, 2011
Docket Number: 10-3160
Justia Opinion Summary: Defendant pleaded guilty to transporting and possessing child pornography in violation of 18 U.S.C. 2252A(a)(1), and (a)(5)(B). The district court sentenced defendant to 121 months' imprisonment and ordered him to pay…
Date: September 2, 2011
Docket Number: 09-4650
Justia Opinion Summary: Plaintiff, an inmate at Great Meadow Correctional Facility (Great Meadow), filed suit, pro se, in district court against three Great Meadow employees pursuant to 42 U.S.C. 1983, alleging that he had been improperly…
Date: September 2, 2011
Docket Number: 09-4976
Justia Opinion Summary: Petitioners appealed the decision and order of the Department of Labor Benefits Review Board reversing the ALJ's dismissal of respondent's claim for benefits under the Longshore and Harbor Workers' Compensation Act, 33…
Date: August 26, 2011
Docket Number: 10-1801
Justia Opinion Summary: This action for breach of contract and related tort claims had its origin in a February 9, 2006 Credit and Security Agreement, wherein defendant agreed inter alia to provide plaintiff with a revolving line of credit.…
Date: August 25, 2011
Docket Number: 10-2285
Justia Opinion Summary: This case arose when plaintiffs alleged that they suffered injury caused by a defectively designed transmission of an all-terrain vehicle (ATV) manufactured by Recreative Industries, Inc. (Recreative) on the basis of a…
Date: August 25, 2011
Docket Number: 10-2724
Justia Opinion Summary: Defendant appealed from a judgment of conviction where he and his co-defendant were found guilty of two counts of conspiracy with intent to distribute cocaine and one count of attempt to possess with intent to distribute…
Date: August 24, 2011
Docket Number: 08-4487
Justia Opinion Summary: This appeal stemmed from numerous trademark and unfair competition claims over the name "Patsy's." Patsy's Italian Restaurant appealed, and Patsy's Pizzeria cross-appealed, from a judgment of the district court after a…
Date: August 23, 2011
Docket Number: 08-4211
Justia Opinion Summary: Six defendants appealed from their convictions for a variety of weapons trafficking offenses. On appeal, the court addressed three of the many issues raised by defendants, finding, after due consideration, their…
Date: August 23, 2011
Docket Number: 10-2311
Justia Opinion Summary: This case arose when plaintiff filed a putative class action complaint against defendant and others following the decline of defendant's stock price. At issue was whether certain statements concerning goodwill and loan…
Date: August 22, 2011
Docket Number: 10-2792
Justia Opinion Summary: Defendant was convicted of eleven counts of a thirteen count indictment, including several Hobbs Act, 18 U.S.C. 1951(a), violations predicated on robbery and conspiracy to commit robbery. On appeal, defendant challenged…
Date: August 19, 2011
Docket Number: 08-2079
Justia Opinion Summary: Thirteen present and former female inmates of various New York state prisons appealed from the dismissal of their class action complaint brought under 42 U.S.C. 1983, seeking declaratory and injunctive relief compelling…
Date: August 19, 2011
Docket Number: 10-2828
Justia Opinion Summary: Defendant appealed from a judgment of the district court convicting him of conspiracy to distribute narcotics and possession of a firearm during and in relation to a drug-trafficking crime. The district court imposed a…
Date: August 19, 2011
Docket Number: 10-878
Justia Opinion Summary: This case arose when the FTC alleged deceptive advertising claims against defendants based on two purported weight loss products, a Chinese Diet Tea and a Bio-Slim Patch. On appeal, defendants challenged both the power…
Date: August 18, 2011
Docket Number: 09-1965
Justia Opinion Summary: This case stemmed from appellant's participation in the Bayou Hedge Fund Group (Bayou), a classic Ponzi scheme masked as a group of domestic and offshore hedge funds. Appellant appealed from his sentencing, following a…
Date: August 18, 2011
Docket Numbers: 09-4371, 09-4707
Justia Opinion Summary: This case stemmed from the sexual assault of plaintiff by a male sheriff's deputy while she was being held in pretrial confinement at the Erie County Holding Center. At issue was whether plaintiff adduced sufficient…
Date: August 18, 2011
Docket Number: 10-2286
Justia Opinion Summary: The City of New York sued defendants under federal and New York State antitrust laws, seeking to prevent the companies from merging. The city appealed from a judgment of the district court granting summary judgment to…
Date: August 18, 2011
Docket Number: 10-512
Justia Opinion Summary: Plaintiff, the personal representative of the Estate of Dorothy Brown, appealed from summary judgment certified as final pursuant to Federal Rule of Civil Procedure 54(b) in favor of Noxubee General Hospital (Noxubee)…
Date: August 17, 2011
Docket Number: 05-5943
Justia Opinion Summary: Plaintiffs in this consolidated class action allege copyright infringements arising from defendant publishers' unauthorized electronic reproduction of plaintiff authors' written works. The district court certified a…
Date: August 17, 2011
Docket Number: 10-3633
Justia Opinion Summary: Plaintiffs appealed from a judgment of the district court granting summary judgment in favor of a school district and principal on 42 U.S.C. 1983 claims arising out of the treatment of their son, a middle school student…
Date: August 16, 2011
Docket Number: 10-2378
Justia Opinion Summary: Former investors with Bernard L. Madoff appealed from an order entered by the United States Bankruptcy Court in the liquidation proceedings of Bernard L. Madoff Investment Securities LLC under the Securities Investor…
Date: August 15, 2011
Docket Number: 09-4896
Justia Opinion Summary: Plaintiff sued defendant, claiming, among other things, copyright infringement under 17 U.S.C. 501, trademark infringement under 15 U.S.C. 1114(a), and unfair competition under New York state law. At issue was whether…
Date: August 15, 2011
Docket Number: 10-1975
Justia Opinion Summary: Plaintiff, an African-American firefighter for the City of New Haven, alleged that the firefighter promotion exams challenged in Ricci v. DeStefano were arbitrarily weighted, yielding an impermissible disparate impact.…
Date: August 15, 2011
Docket Number: 10-2809
Justia Opinion Summary: Plaintiff, an employee of The Long Island Rail Road Company (LIRR), appealed from a judgment of the district court granting LIRR's motion to dismiss his complaint for failure to state a claim. Plaintiff brought suit…
Date: August 12, 2011
Docket Number: 09-5117
Justia Opinion Summary: Appellant, a lawyer, was convicted of one count of conspiracy to obstruct justice, eight counts of attempted obstruction of justice; one count of bribery; and one count each of importation and possession of electronic…
Date: August 11, 2011
Docket Number: 10-538
Justia Opinion Summary: This case arose when plaintiff alleged that Citigroup, along with various rating agencies, airlines, and municipalities, conspired to block the use of her finance structure to issue Airline Special Facility bonds.…
Date: August 10, 2011
Docket Number: 09-4391
Justia Opinion Summary: Defendant appealed from a judgment of conviction and sentence, arguing that his rights under the Ex Post Facto Clause were violated by the application of the 2008 Sentencing Manual to a murder conspiracy that concluded…
Date: August 9, 2011
Docket Number: 10-224
Justia Opinion Summary: Petitioner was convicted of one count of depraved indifference murder in violation of New York Penal Law 125.25(2) after his estranged wife died from a single gunshot wound to the head at point-blank range. At issue was…
Date: August 9, 2011
Docket Number: 10-419
Justia Opinion Summary: Defendant appealed her conviction of immigration offenses after the district court denied her motion to suppress testimony from the officer who questioned her without Miranda warnings on her arrival at John F. Kennedy…
Date: August 8, 2011
Docket Number: 10-2815
Justia Opinion Summary: This instant appeal arose from the suppression of certain custodial statements made by defendant shortly after his arrest. In light of the Supreme Court's decision in Berghuis v. Thompkins, the government sought…
Date: August 8, 2011
Docket Number: 10-0031
Justia Opinion Summary: Petitioner, a former stockbroker, sought review of an order of the Securities and Exchange Commission (SEC), which found that he willfully violated the antifraud provisions of the Securities and Exchange Act of 1934…
Date: August 8, 2011
Docket Number: 10-3576
Justia Opinion Summary: This was a consolidated appeal from, inter alia, an order of the district court lifting an asset freeze for the purpose of authorizing the interlocutory sale of a vacation home owned by relief-defendant Lynn A. Smith.…
Date: August 8, 2011
Docket Number: 10-409
Justia Opinion Summary: Following a jury trial in district court, plaintiff won partial victory on his claims under the Family Medical Leave Act (FMLA), 29 U.S.C. 2615. Plaintiff and defendant cross-appealed. Plaintiff argued that, on his…
Date: August 5, 2011
Docket Number: 09-3435
Justia Opinion Summary: Plaintiffs, sergeants in the New York City Police Department (NYPD), brought this lawsuit alleging denial of overtime pay under the Fair Labor Standards Act of 1938 (FLSA), 29 U.S.C. 201 et seq., for the period covering…
Date: August 5, 2011
Docket Number: 09-4901
Justia Opinion Summary: Plaintiffs appealed from a judgment of the district court dismissing their class-action complaint, which asserted a single claim against MetLife under ERISA, 29 U.S.C. 1001 et seq. Plaintiffs alleged that through the use…
Date: August 5, 2011
Docket Numbers: 10-1137, 10-1196, 10-1150, 10-1149
Justia Opinion Summary: Plaintiffs in these four cases appealed from a judgment of the district court granting summary judgment in favor of defendant and dismissing their product liability claims for injuries allegedly caused by defendant's…
Date: August 5, 2011
Docket Number: 10-1366
Justia Opinion Summary: Defendant appealed from an order of the district court insofar as that order denied defendant's motion to dismiss plaintiff's claims alleging discrimination and retaliation in violation of Title VII of the Civil Rights…
Date: August 4, 2011
Docket Number: 07-0263
Justia Opinion Summary: Defendant appealed convictions for conspiracy to distribute more than 50 grams of crack cocaine, causing death by use of a firearm during a drug trafficking crime, murder in the course of drug conspiracy, and possession…
Date: August 1, 2011
Docket Number: 08-6211
Justia Opinion Summary: This criminal appeal arose from a "finite reinsurance" transaction between American International Group, Inc. (AIG) and General Reinsurance Corporation (Gen Re). Defendants, four executives of Gen Re and one of AIG,…
Date: August 1, 2011
Docket Number: 10-2275
Justia Opinion Summary: Defendant, once a practicing psychiatrist, defrauded Medicare by receiving funds he was not entitled to receive and then fled the country to live as a fugitive in the Philippines. There, defendant created the website…
Date: August 1, 2011
Docket Number: 10-3581
Justia Opinion Summary: Plaintiff, the SEC, appealed from a judgment dismissing its complaint against Marc J. Gabelli, the portfolio manager of the mutual fund Gabelli Global Growth Fund (GGGF or the Fund), and Bruce Alpert, the chief operating…
Date: August 1, 2011
Docket Number: 10-3616
Justia Opinion Summary: Petitioner sought review of three decisions of the National Labor Relations Board (NLRB) affirming in part and reversing in part the ALJ's findings with respect to allegations that AM Property Holding Corporation (AM)…
Date: July 28, 2011
Docket Number: 09-4931
Justia Opinion Summary: This case arose when plaintiff filed a complaint asserting causes of action related to defendant's failure to repay certain loans. Defendant appealed from an amended judgment of the district court denying in part…
Date: July 28, 2011
Docket Number: 10-1549
Justia Opinion Summary: Appellants appealed from the dismissal of their first amended complaint, which asserted claims against Morgan Stanley under Section 10(b) of the Securities and Exchange Act of 1934 (Act), 15 U.S.C. 78a et seq., and New…
Date: July 27, 2011
Docket Number: 09-3871
Justia Opinion Summary: Defendant appealed the denial of his petition for a writ of habeas corpus where he was convicted of crimes stemming from his involvement in a violent street gang. At issue was whether defendant received ineffective…
Date: July 26, 2011
Docket Number: 10-911
Justia Opinion Summary: TradeComet brought this action against Google for alleged violations of the Sherman Act, 15 U.S.C. 1, 2, arising out of TradeComet's use of Google's "AdWords" search engine advertising platform. Google filed a motion to…
Date: July 26, 2011
Docket Number: 10-1019
Justia Opinion Summary: Plaintiff brought a pro se action under 42 U.S.C. 1983 against defendants, alleging excessive force and other Eighth Amendment and due process violations in connection with a prison yard altercation. At issue was whether…
Date: July 26, 2011
Docket Number: 10-1535
Justia Opinion Summary: Sheet Metal Workers Local 33 et al. appealed from a judgment of the district court dismissing their putative securities class action complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) for failure to state a…
Date: July 26, 2011
Docket Number: 10-178
Justia Opinion Summary: Defendant appealed from a judgment of the district court for dismissing as untimely his petition for a writ of habeas corpus filed pursuant to 28 U.S.C. 2254. The district court assumed that defendant satisfied the…
Date: July 26, 2011
Docket Number: 10-493
Justia Opinion Summary: Defendant plead guilty to narcotics violations in connection with a scheme to import cocaine and was sentenced principally to a term of 235 months imprisonment. On appeal, defendant contended that his sentence was…
Date: July 22, 2011
Docket Number: 07-5327
Justia Opinion Summary: Plaintiff sued defendants for various violations of Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq., and parallel provisions of the New York City Human Rights Law, N.Y.C. Admin. Code 8-101 et seq.,…
Date: July 22, 2011
Docket Number: 10-1642
Justia Opinion Summary: Defendant appealed from two judgments entered in the district court: (1) convicting him of possessing child pornography in violation of 18 U.S.C. 2252A(a)(5)(B) and (b)(2) (Judgment II) and (2) revoking the supervised…
Date: July 22, 2011
Docket Number: 10-1779
Justia Opinion Summary: Plaintiffs, seeking to represent a class of customers with poor credit who purchased used automobiles from defendants, appealed from a judgment of the district court dismissing their complaint for failure to state a…
Date: July 22, 2011
Docket Number: 10-2202
Justia Opinion Summary: Defendant, a former Senator in the New York State Legislature, appealed from a judgment entered in district court following his conviction of two counts of mail fraud; one count of conspiracy to commit mail fraud and…
Date: July 22, 2011
Docket Number: 10-859
Justia Opinion Summary: Plaintiff, a former probationary police officer, appealed from a judgment of the district court dismissing his complaint, brought under 42 U.S.C. 1983, alleging principally that defendants, Chief of the Middletown Police…
Date: July 21, 2011
Docket Number: 10-1040
Justia Opinion Summary: Plaintiff sued her former employer, alleging violations of Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e-17, claiming compensatory damages for disparate treatment and hostile work environment. Plaintiff also…
Date: July 20, 2011
Docket Number: 10-372
Justia Opinion Summary: The New York City Transit Authority (NYCTA) appealed from an order of the district court enjoining the enforcement of an NYCTA policy requiring third parties to obtain the consent of those contesting notices of…
Date: July 20, 2011
Docket Number: 10-4520
Justia Opinion Summary: This case stemmed from continuing disputes between Argentina and its various private creditors. Argentina and its Brady bondholders entered into a Continuation of Collateral Pledge Agreement that extended the security…
Date: July 19, 2011
Docket Number: 09-2564
Justia Opinion Summary: Petitioner sought review of the BIA's order of removal claiming that the Chinese government had persecuted him because he attended an underground Christian church in China. The government moved to dismiss the petition…
Date: July 19, 2011
Docket Number: 10-521
Justia Opinion Summary: Defendant and co-defendant were convicted of multiple fraud-related felonies. Defendant timely appealed his criminal conviction and moved to withdraw his direct criminal appeal with leave to reinstate it after he had…
Date: July 18, 2011
Docket Number: 08-2899
Justia Opinion Summary: This case stemmed from a contractual arrangement known as a "cash-settled total return equity swap agreement" between the parties. The parties appealed the judgment of the district court finding defendants in violation…
Date: July 18, 2011
Docket Number: 09-4551
Justia Opinion Summary: Plaintiffs appealed from a judgment of the district court vacating summary judgment for defendants where plaintiffs alleged that defendants, operator of a calcium carbonate mineral processing facility, were liable for…
Date: July 15, 2011
Docket Number: 10-1581
Justia Opinion Summary: Plaintiff appealed from a judgment granting defendant's motion to dismiss as untimely plaintiff's complaint, which alleged breach of fiduciary duty, intentional misrepresentation, negligent misrepresentation, and…
Date: July 14, 2011
Docket Number: 10-1616
Justia Opinion Summary: Petitioners appealed from a Memorandum and Order and Final Order of Forfeiture entered by the district court dismissing their petition for an ancillary hearing and rejecting their claim as beneficiaries of a putative…
Date: July 14, 2011
Docket Number: 11-276
Justia Opinion Summary: Plaintiff moved for leave to proceed in forma pauperis and for appointment of counsel in this appeal from an order of the district court that dismissed his 42 U.S.C. 1983 complaint. The motions were denied on the ground…
Date: July 13, 2011
Docket Number: 10-2079
Justia Opinion Summary: Petitioner challenged the manner by which the Federal Bureau of Prisons (BOP) calculated Good Conduct Time (GCT) under 18 U.S.C. 3624(b), maintaining that he should be eligible to receive GCT for the 94 months he spent…
Date: July 13, 2011
Docket Number: 10-5107
Justia Opinion Summary: This case stemmed from an Engagement Agreement entered into by petitioner, a developer and manufacturer of military technology, with respondent, an independent broker dealer, by which respondent agreed to act as…
Date: July 11, 2011
Docket Number: 10-1771
Justia Opinion Summary: Plaintiff appealed from a judgment of the district court dismissing his complaint against his former employer, seeking monetary and equitable relief for alleged age discrimination in violation of the Age Discrimination…
Date: July 8, 2011
Docket Number: 10-2437
Justia Opinion Summary: Plaintiff appealed from an order of the district court that reduced by two-thirds the attorney's fees award she requested for successfully appealing from the administrative denial of her application for disability…
Date: July 7, 2011
Docket Number: 07-0874
Justia Opinion Summary: Petitioners, citizens of Columbia,entered the United States in September 2001, as nonimmigrant visitors. On May 7, 2002, they filed an application for asylum, withholding of removal, and protection under the Convention…
Date: July 7, 2011
Docket Number: 10-3040
Justia Opinion Summary: This case arose from the infamous Ponzi scheme perpetrated by Bernard Madoff. Between October and December 2008, Plaintiff MLSMK Investment Company invested $12.8 million with Madoff's investment company. Defendants JP…
Date: July 7, 2011
Docket Number: 10-806
Justia Opinion Summary: Plaintiffs Debbie and Max Walters appealed from a district court judgment that dismissed their petition for the issuance of a turnover order. In 1990, the Walters' thirteen-year-old son was killed on a hunting trip with…
Date: July 6, 2011
Docket Number: 07-3719
Justia Opinion Summary: Defendant appealed from convictions of possession with intent to distribute at least five grams of cocaine base, possession of a firearm by a felon, and possession of a firearm in furtherance of a drug trafficking crime.…
Date: July 6, 2011
Docket Number: 08-4917
Justia Opinion Summary: Defendants appealed from preliminary injunctions enjoining defendants from enforcing 22 U.S.C. 7631(f), a provision of the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (Act), 22 U.S.C.…
Date: July 6, 2011
Docket Number: 09-5335
Justia Opinion Summary: The New York State Department of Education and related defendants appealed from an order of the district court denying their motion to vacate an award of attorney's fees to plaintiff where the district court had awarded…
Date: July 5, 2011
Docket Number: 10-1487
Justia Opinion Summary: The Republic of Argentina and interested non-party-appellant, Banco Central de la Republica Argentina (BCRA), appealed from orders of the district court to attach funds held in BCRA's account at the Federal Reserve Bank…
Date: July 1, 2011
Docket Number: 10-3247
Justia Opinion Summary: Plaintiffs, a group of retail sales employees of defendant, appealed from an order of the district court vacating an arbitration award on the ground that the arbitrator had exceeded her authority in light of the Supreme…
Date: July 1, 2011
Docket Number: 10-355
Justia Opinion Summary: This insurance coverage dispute raised issues arising out of financial regulators' investigations in alleged accounting misstatements by MBIA, Inc. (MBIA) and related litigation. Based on these events, MBIA made claims…
Date: June 30, 2011
Docket Number: 10-2560
Justia Opinion Summary: Plaintiffs appealed the judgment of the district court dismissing their complaint for failure to state a claim. Plaintiffs argued that the Child Status Protection Act (CSPA), and in particular 8 U.S.C. 1153(h)(3),…
Date: June 28, 2011
Docket Number: 09-3212
Justia Opinion Summary: Plaintiff sued defendants under RICO, 18 U.S.C. 1961-1968, principally alleging injury to plaintiff's business by reason of defendants' establishment of a competing commercial enterprise through the investment of income…
Date: June 28, 2011
Docket Number: 09-5122
Justia Opinion Summary: Enron Creditors Recovery Corp. (Enron) sought to avoid and recover payments it made to redeem its commercial paper prior to maturity from appellees, whose notes were redeemed by Enron. On appeal, Enron challenged the…
Date: June 22, 2011
Docket Number: 07-1787
Justia Opinion Summary: Defendant appealed from the judgment of the district court granting defendants' motion to dismiss his claims brought pursuant to 42 U.S.C. 1983 and Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics. At…
Date: June 20, 2011
Docket Number: 10-1372
Justia Opinion Summary: After a bench trial, the district court entered a judgment for plaintiffs concluding that on seventeen occasions, defendant had infringed plaintiffs' copyrights in their research reports, and that by collecting and…
Date: June 20, 2011
Docket Number: 10-1405
Justia Opinion Summary: Defendant appealed from a 45 month prison sentence following his guilty plea to possession of a firearm where the district court imposed a six-level sentence enhancement after finding that the stolen weapon was a machine…
Date: June 17, 2011
Docket Number: 09-4738
Justia Opinion Summary: Defendant was convicted of immigration fraud and sentenced to 51 months imprisonment. At issue was under what circumstances did the exclusion of the public from a courtroom during voir dire violate a defendant's Sixth…
Date: June 17, 2011
Docket Number: 10-1136
Justia Opinion Summary: Petitioner brought this mandamus action to compel USCIS to make a determination on the merits of her I-212 application, alleging that USCIS denied her application in violation of the Administrative Procedure Act ("APA"),…
Date: June 16, 2011
Docket Number: 08-5968
Justia Opinion Summary: Defendants Linda O'Connor and Dean Sacco appealed from convictions of sex trafficking of a child; O'Connor appealed from convictions of selling a child for the purpose of producing child pornography and producing child…
Date: June 15, 2011
Docket Number: 10-562
Justia Opinion Summary: Defendant appealed from a judgment of conviction for securities fraud and conspiracy to commit securities fraud and wire fraud. At issue, among other things, was whether venue was proper in the Eastern District of New…
Date: June 13, 2011
Docket Number: 09-5277
Justia Opinion Summary: Plaintiff sued defendant asserting claims of breach of contract and various business torts in connection with defendant's alleged wrongful termination of plaintiff's employment affiliation with defendant. Plaintiff…
Date: June 10, 2011
Docket Number: 07-4449
Justia Opinion Summary: Plaintiffs, a father and his children, brought various claims under 42 U.S.C. 1983 asserting that a children's services caseworker entered their home unlawfully and effected an unconstitutional removal of the children…
Date: June 10, 2011
Docket Number: 10-66
Justia Opinion Summary: Plaintiff, a federal safety inspector, sued defendant in New York Supreme Court, alleging that defendant used photographs of plaintiff for advertising purposes without his consent in violation of New York State Civil…
Date: June 9, 2011
Docket Number: 10-1204
Justia Opinion Summary: Defendants entered a plea of guilty to conspiracy to commit securities fraud, based on trading on material, nonpublic information and tipping others. The SEC instituted a civil enforcement action, alleging that…
Date: June 7, 2011
Docket Number: 09-0255
Justia Opinion Summary: Defendant, subject to delinquency and default penalties under 18 U.S.C. 3612(g) for failure to pay restitution and a fine arising from his criminal conviction, appealed a district court order denying his request that the…
Date: June 7, 2011
Docket Number: 10-2396
Justia Opinion Summary: Petitioner sought review of a final order of removal, issued after a determination that he was ineligible for a "hardship waiver" of the requirements for filing a joint petition with his citizen spouse to lift the…
Date: June 7, 2011
Docket Number: 10-2786
Justia Opinion Summary: Defendant appealed from two judgments of conviction related to his involvement in "pump and dump" stock schemes. At issue was whether the first judgment of conviction, entered upon a jury verdict, should be overturned,…
Date: June 7, 2011
Docket Number: 10-3119
Justia Opinion Summary: Petitioner sought a writ of habeas corpus to overturn his conviction on one count of felony murder in the second degree for a street robbery that resulted in the death of a young doctor and soon-to-be father. Petitioner,…
Date: June 7, 2011
Docket Number: 11-909
Justia Opinion Summary: Petitioner applied for leave to file a successive 28 U.S.C. 2255 motion, challenging his 2006 murder-for-hire conviction and resulting sentence. At issue was whether a movant's prior unsuccessful motion under section…
Date: June 6, 2011
Docket Number: 09-3797
Justia Opinion Summary: Plaintiffs sued defendants, former directors of a retirees association of former unionized transportation workers, alleging, among other things, that defendants breached their fiduciary duty to the retirees association…
Date: June 3, 2011
Docket Number: 10-300
Justia Opinion Summary: This appeal arose out of a successful forfeiture action brought by the United States government pursuant to 19 U.S.C. 1595a, which denied appellant's subsequent motion for attorney's fees. The forfeiture action sought to…
Date: June 2, 2011
Docket Number: 07-5291
Justia Opinion Summary: Defendants appealed from an order of the district court granting summary judgment to plaintiffs and entering a permanent injunction barring the Board of Education of the City of New York ("Board") from enforcing a rule…
Date: June 2, 2011
Docket Number: 10-3847
Justia Opinion Summary: Petitioner filed an arbitration claim against respondent with the Financial Industry Regulatory Authority ("FINRA") raising federal claims of securities fraud under section 10(b)(5) of the Securities and Exchange Act of…
Date: June 1, 2011
Docket Number: 10-573
Justia Opinion Summary: Plaintiff filed a suit against defendant alleging claims of wrongful termination ("Count I"), trade disparagement ("Count II"), breach of contract for failure to negotiate in good faith ("Count III"), breach of the…
Date: May 31, 2011
Docket Number: 09-0657
Justia Opinion Summary: Petitioner, a native of Jamaica, sought review of an order of the Board of Immigration Appeals ("BIA") affirming the decision of an immigration judge denying his motion to terminate the removal proceedings brought…
Date: May 31, 2011
Docket Number: 10-1008
Justia Opinion Summary: Plaintiff appealed from a judgment entered by the district court granting an oral motion of defendants, plaintiff's former employer, for judgment as a matter of law pursuant to Federal Rule of Civil Procedure 50 with…
Date: May 27, 2011
Docket Number: 09-0329
Justia Opinion Summary: Petitioner, a native and citizen of Brazil, sought review of an order of the Board of Immigration Appeals ("BIA") which dismissed his appeal of an immigration judge's ("IJ") decision ordering his removal and denied his…
Date: May 27, 2011
Docket Number: 11-222
Justia Opinion Summary: In June 2009, defendant filed an arbitration demand against plaintiff alleging claims for wrongful termination and breach of contract based on plaintiff's failure to pay a performance bonus. Defendant subsequently filed…
Date: May 26, 2011
Docket Number: 10-2050
Justia Opinion Summary: Defendants appealed from May 17, 2010 judgments of conviction entered by the district court for possession with intent to distribute a mixture of 3, 4-Methylenedioxymethamphetamine ("MDMA"), methamphetamine, and…
Date: May 24, 2011
Docket Number: 09-3943
Justia Opinion Summary: This dispute arose from the district court's decision to award an attorney $515,179.28 in attorney's fees pursuant to the Fair Labor Standards Act's fee shifting provision, 29 U.S.C. 216(b), for work performed in…
Date: May 23, 2011
Docket Number: 10-1358
Justia Opinion Summary: Appellants appealed from an order of the district court denying its motion, made after a preliminary injunction was vacated by the court, to recover damages against an injunction bond posted by appellee. At issue was…
Date: May 20, 2011
Docket Number: 10-1565
Justia Opinion Summary: A debtor, his wife, and sister ("appellants") sought to reopen debtor's Chapter 7 bankruptcy case for the purpose of pursuing an adversary proceeding against the trustee of debtor's estate and one of the trustee's…
Date: May 20, 2011
Docket Number: 10-1869
Justia Opinion Summary: Defendant was sentenced to 14 months imprisonment and 18 months of supervised release for violating two conditions of his previous term of supervised release. At issue was whether the district court had the power to…
Date: May 18, 2011
Docket Number: 09-1651
Justia Opinion Summary: Plaintiffs, former students of Ithaca High School, claimed that defendants violated their First and Fourteenth Amendment rights by prohibiting the publication of a sexually-explicit cartoon in the Ithaca High School…
Date: May 17, 2011
Docket Number: 10-2402
Justia Opinion Summary: Plaintiff, a labor organization that represented a bargaining unit of defendant's employees, filed a formal grievance with defendant, challenging defendant's discontinuation of dues "checkoff," or deduction of dues from…
Date: May 17, 2011
Docket Number: 10-307
Justia Opinion Summary: Respondents appealed the district court's grant of habeas relief to petitioner where petitioner had been convicted of first-degree murder. At issue was whether the trial court abused its discretion by precluding defense…
Date: May 13, 2011
Docket Number: 11-111
Justia Opinion Summary: Petitioner, proceeding pro se, sought leave to file a successive habeas corpus petition pursuant to 28 U.S.C. 2254 where she was convicted of reckless manslaughter and depraved indifference murder in connection with the…
Date: May 12, 2011
Docket Number: 09-1739
Justia Opinion Summary: Plaintiff, Penguin Group (USA) Inc. ("Penguin"), filed suit in the United States District Court for the Southern District of New York against defendant, an Oregon not-for-profit corporation with its principal place of…
Date: May 12, 2011
Docket Number: 09-2922
Justia Opinion Summary: Plaintiff, an African-American, sued defendants pro se alleging violations of 42 U.S.C. 1983 and state law where plaintiff was charged with a traffic violation by a state trooper and where plaintiff alleged that the…
Date: May 11, 2011
Docket Number: 10-712
Justia Opinion Summary: Plaintiffs appealed from judgments dismissing their class-action complaints seeking to hold defendants (collectively, "Rating Agencies") liable as underwriters or control persons for misstatements or omissions in…
Date: May 9, 2011
Docket Numbers: 10-4265, 10-4272, 10-4598, 10-4758, 10-4477, 10-4976, 10-4981
Justia Opinion Summary: The Seneca Nation of Indians ("Seneca Nation"), Unkechauge Indian Nation ("Unkechauge Nation"), St. Regis Mohawk Tribe ("Mohawk Tribe"), Cayuga Indian Nation of New York ("Cayuga Nation"), and Oneida Nation of New York…
Date: May 6, 2011
Docket Number: 07-3750
Justia Opinion Summary: Plaintiff appealed from a judgment dismissing a three-count complaint arising from the renegotiation of certain investment-advisory agreements. The court certified a question to the Supreme Judicial Court of…
Date: May 5, 2011
Docket Numbers: 08-5171, 08-5172, 08-5173, 08-5375, 08-5149, 08-4639
Justia Opinion Summary: The United States sued the New York City Board of Education and related parties ("City Defendants") claiming a violation of Title VII's prohibition of disparate impact selection measures. The parties entered into a…
Date: May 5, 2011
Docket Numbers: 10-2058, 10-2190
Justia Opinion Summary: Plaintiffs sued defendants, Nassau County, New York and/or MTA Long Island Bus ("MTA"), asserting claims under the Americans with Disabilities Act ("ADA"), 42 U.S.C. 12101 et seq., and the Rehabilitation Act of 1973, 29…
Date: May 5, 2011
Docket Numbers: 10-2257, 10-2411
Justia Opinion Summary: K&L Gates LLP ("K&L Gates") filed a motion to lift two protective orders prohibiting disclosure of communications made during mediation. Savage & Associates, P.C. ("Savage") filed a cross-motion to enjoin K&L Gates from…
Date: May 5, 2011
Docket Number: 10-2273
Justia Opinion Summary: Plaintiff, on behalf of himself and other similarly situated current and former Black & Decker (U.S.) Inc. ("B&D") employees, sued B&D asserting three sets of claims under the Fair Labor Standards Act ("FLSA"), 29 U.S.C.…
Date: May 4, 2011
Docket Numbers: 08-4804, 09-1345
Justia Opinion Summary: The City of New York ("City") brought suit against defendants, retail firearms dealers located in South Carolina and Georgia, alleging public nuisance on the theory that they intentionally or negligently sold firearms in…
Date: May 4, 2011
Docket Number: 09-2905
Justia Opinion Summary: Defendant appealed a judgment denying his petition for a writ of habeas corpus where defendant was convicted of Murder in the First Degree for hiring one individual to kill another individual. At issue was whether the…
Date: May 4, 2011
Docket Number: 10-1144
Justia Opinion Summary: Plaintiffs sued defendants, the Housing Authority of the City of New Haven, alleging that defendants discriminated against them in administering New Haven's Housing Choice Voucher ("Section 8") program in violation of…
Date: May 3, 2011
Docket Number: 08-5266
Justia Opinion Summary: Defendants appealed convictions of murder in aid of racketeering, witness tampering, and conspiracy to commit witness tampering. At issue was whether defendants should have been granted a new trial after the posttrial…
Date: May 3, 2011
Docket Number: 10-846
Justia Opinion Summary: Petitioners, registered nurses ("RNs") employed in the region, filed a complaint alleging that various hospital owners and operators in the Albany-Schenectady-Troy metropolitan area had conspired to depress the…
Date: May 2, 2011
Docket Number: 09-1857
Justia Opinion Summary: Defendant was convicted of kidnapping, robbery, and related crimes and was sentenced principally to 319 months imprisonment. At issue was whether the district court properly limited cross-examination of a government…
Date: April 29, 2011
Docket Number: 10-797
Justia Opinion Summary: An insurance policyholder, TD Banknorth Insurance Agency, Inc., appealed from a declaratory judgment awarding to its insurer, Fireman's Fund Insurance Company, all funds in escrow as proceeds from settlement of the…
Date: April 28, 2011
Docket Number: 10-1266
Justia Opinion Summary: Defendants, corrections officers at Queens Private Correctional Facility ("QPCF"), appealed from convictions of conspiracy to obstruct justice, attempted intimidation and corrupt persuasion, and making false statements…
Date: April 27, 2011
Docket Numbers: 09-3155, 09-3156, 09-3157, 09-5176
Justia Opinion Summary: Petitioners, citizens of Guatemala, petitioned for review of removal orders that became final after the Board of Immigration Appeals ("BIA") dismissed their appeals from decisions of an Immigration Judge ("IJ") that…
Date: April 27, 2011
Docket Number: 10-1241
Justia Opinion Summary: Plaintiffs, a Specialist in the United States Army and her infant son, sued defendants, former and senior government officials, alleging that defendants caused the September 11th, 2001 attacks against the United States…
Date: April 26, 2011
Docket Number: 08-4030
Justia Opinion Summary: Petitioner appealed a motion to dismiss his federal habeas petition where he retained an attorney in or around August 2007, instructed the attorney to file the petition before the deadline on November 20, 2007, and the…
Date: April 26, 2011
Docket Number: 09-2766
Justia Opinion Summary: Appellant, Retail Holdings, N.V. (together with its predecessors, "New Singer"), appealed from a judgment in favor of appellee, Lockheed Martin Corporation (together with its predecessors, "Old Singer"), regarding a…
Date: April 26, 2011
Docket Number: 09-90098
Justia Opinion Summary: Kristan Peters, an attorney admitted to the bars of both New York and Connecticut and formerly a partner at the law firm of Dorsey & Whitney, appealed from an order of the Committee on Grievances for the United States…
Date: April 25, 2011
Docket Number: 09-1452
Justia Opinion Summary: Plaintiff sued defendants, public school officials in Burlington, Connecticut, under 42 U.S.C. 1983 alleging, among other things, violations under the First Amendment when they prohibited her from running for Senior…
Date: April 25, 2011
Docket Number: 09-3314
Justia Opinion Summary: Defendant appealed a conviction of interstate stalking and interstate violation of a protective order when he tracked his ex-wife's vehicle through a G.P.S. device he placed on her vehicle. At issue was whether the…
Date: April 21, 2011
Docket Number: 10-1451
Justia Opinion Summary: A non-profit hospital ("plaintiff") that provided medical services to beneficiaries of Local 272 Welfare Fund ("Fund"), an employee benefit plan governed by the Employee Retirement Income Security Act of 1974 ("ERISA"),…
Date: April 19, 2011
Docket Number: 10-2258
Justia Opinion Summary: Plaintiff filed a qui tam action pursuant to 31 U.S.C. 3729 alleging that defendants fraudulently billed Medicare/Medicaid for medical procedures performed by unsupervised residents. At issue was whether the court had…
Date: April 14, 2011
Docket Number: 10-1433
Justia Opinion Summary: Plaintiff sued defendant, National Union Fire Insurance Company of Pittsburgh ("National Union"), claiming disability benefits under the Employee Retirement Income Security Act of 1974 after a trip and fall injury. At…
Date: April 11, 2011
Docket Number: 10-2074
Justia Opinion Summary: Plaintiff, convicted in New Jersey of endangering the welfare of children and placed on probation for five years, appealed a summary judgment order in favor of the State of New York Executive Department Division of…
Date: April 8, 2011
Docket Number: 09-4302
Justia Opinion Summary: Purchasers of Parmalat Capital Finance Limited ("Parmalat") debt and equity securities filed class action lawsuits against Parmalat and others for securities fraud ("Appellants"). At issue was whether the district court…
Date: April 8, 2011
Docket Number: 10-2970
Justia Opinion Summary: Intervenors appealed an order granting plaintiffs' and defendants' joint motion for orders approving their Settlement Agreement and Mutual Release of Claims related to property damage claims that arose from the terrorist…
Date: April 7, 2011
Docket Number: 09-4779
Justia Opinion Summary: Plaintiff, as a subrogee of a regional affiliate of the American Automobile Association Mid-Atlantic, Inc. ("AAAMA"), sued the liability insurers of the American Automobile Association ("AAA") seeking indemnification for…
Date: March 31, 2011
Docket Number: 10-1401
Justia Opinion Summary: Defendant appealed a judgment following a plea of guilty to illegal reentry into the United States after he was deported to the Dominican Republic when he finished serving his prison sentence for first degree…
Date: March 29, 2011
Docket Number: 09-4361
Justia Opinion Summary: Defendants appeal convictions involving the distribution of controlled substances, conspiracy to distribute and posses with intent to distribute controlled substances, and money laundering conspiracy. At issue was…
Date: March 25, 2011
Docket Number: 09-4305
Justia Opinion Summary: Plaintiffs, four taxi cab drivers and the New York Taxi Workers Alliance ("Alliance"), sued the City of New York and its Taxi and Limousine Commission when plaintiffs' licenses to drive taxi cabs was automatically…
Date: March 15, 2011
Docket Number: 10-1490
Date: February 22, 2011
Docket Number: 10-945
Date: February 18, 2011
Docket Number: 10-3356
Date: January 31, 2011
Docket Number: 10-799
Date: January 26, 2011
Docket Number: 10-799
Date: January 11, 2011
Docket Number: 09-3773
Date: January 6, 2011
Docket Number: 09-3899
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
