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   Federal Courts - 2nd Circuit Court of Appeals - October 22, 2007

  
Carrasquillo v. City of Troy, No. 06-1256-cv, UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 22, 2007, Decided
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Overview: The judgment of the district court was affirmed. The district court did not abuse its discretion when it kept the minor off of the witness stand and the content of her videotape away from the jury. The tape and the transcript made of it were properly excluded as hearsay not covered under any exception.

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Kloupte v. MISYS Int'l Banking Sys., No. 06-5834-cv, UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 22, 2007, Decided
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Overview: A former employer was properly granted summary judgment in a former employee's ADA lawsuit because, even assuming that the employee had been able to establish a prima facie case of discrimination, she failed to offer any evidence showing that the employer's explanation that she was terminated for poor work performance was pretextual.

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Lorme v. Delta Air Lines, Inc., No. 05-4383-cv, UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 22, 2007, Decided
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Overview: Under Fed. R. Civ. P. 37, a district court properly permitted the testimony of an expert, as the testimony did not exceed the scope of expert's report in contravention of Fed. R. Civ. P. 26. Report had complied with Rule 26 requirements, testimony did not warrant preclusion, and final pretrial order put plaintiff on notice of defendant's defense.

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Moore v. Andreno, Docket Nos. 06-3623-cv(L), 06-3748(XAP), UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 22, 2007, Decided
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Overview: In a § 1983 lawsuit, sheriffs were erroneously denied summary judgment based on qualified immunity; although a search of a locked study was unreasonable since the property owner's girlfriend lacked authority to consent to the search, the law regarding consent was not clearly established such that the sheriffs were entitled to qualified immunity.

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United States v. Gagliardi, Docket No. 06-4541-cr, UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 22, 2007, Decided
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Overview: Conviction of attempt to entice a minor to engage in illicit sexual activity under 18 U.S.C.S. § 2422(b) was upheld because the involvement of an actual minor was not required, and the evidence was sufficient, particularly as defendant entered a chat room, initiated contact with females he thought were minors, and appeared at an arranged meeting.

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United States v. Gonzalez, No. 06-1769-cr, UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, October 22, 2007, Decided
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Overview: Life sentence imposed on defendant, who was convicted of conspiring to distribute more than 50 grams of cocaine base, was upheld as reasonable under the Sixth Amendment because it fell within the maximum sentence for the statute of conviction, and defendant's role as father to six children did not render the sentence unreasonable.

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