 |
|
 |
|
|
Access State and Federal Case Law, plus U.S. Supreme Court cases — for free!
Click on any of the case links below to view the full text of that case — for free — through lexisONE®, a legal research and news service from LexisNexis®. Login is required — registration is free!
While viewing the full text of the case, select from upgrade options to Shepardize® or view the fully-featured case on lexis.com including Core Terms, Shepard's® Signals, Case Summaries, Print Options, and more. lexisONE offers access to comprehensive content and flexible services for faster, more efficient legal research. Review our flexible LexisNexis® subscriptions offered through daily, weekly or monthly research packages.
| Berretta v. Tug Vivian Roehrig, LLC, No. 06-5891-cv,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, December 11, 2007, Decided
View this case - free |
|||||
Overview: The dismissal of a seaman's maritime negligence complaint against a tug boat owner was affirmed; the district court properly articulated the legal standard for negligence, properly admitted evidence of industry practices, customs, and norms as to what constituted reasonable and due care, and properly credited the testimony of the owner's witness.
|
|||||
| City of Bridgeport v. Bridgeport Guardians, Inc., 05-2481-cv (L) & 05-2693-cv (con), 06-0727-cv,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, December 11, 2007, Decided
View this case - free |
|||||
Overview: Court did not have jurisdiction to review interim order requiring police department to submit a rotation plan implementing a remedy order requiring minimum minority representation in specialized divisions. Interim order was not a final order under 28 U.S.C.S. § 1291, and interim order was not appealable as injunction under 28 U.S.C.S. § 1292(a)(1).
|
|||||
| Clarke v. United States, No. 06-1708-cr,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, December 11, 2007, Decided
View this case - free |
|||||
Overview: Where conviction stemmed from a scheme to fraudulently collect disability benefits from an employer, district court's determination of intended loss under U.S. Sentencing Guidelines Manual § 2B1.1 application n. 3(A) and use of intended loss instead of actual loss was proper because defendant intended to receive benefits as long as she was able to.
|
|||||
| Diallo v. Mukasey, 07-1772-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, December 11, 2007, Decided
View this case - free |
|||||
Overview: In concluding that an alien did not qualify for equitable tolling of the 90-day limitations period for filing a motion to reopen, BIA abused its discretion because BIA failed to make a finding regarding when ineffective assistance of counsel should have been or was discovered and BIA failed to explain whether the alien demonstrated due diligence.
|
|||||
| Godfrey v. N.Y. City Transit Auth., No. 06-4226-cv,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, December 11, 2007, Decided
View this case - free |
|||||
Overview: Where district court's justification for denying plaintiff's requests for reconsideration of its decision that defendant's motion for summary judgment was unopposed focused on counsel's conduct, even after plaintiff fired counsel, court required additional explanation before deciding whether district court exceeded its discretion in making denials.
|
|||||
| QiZeng Chen v. United States DOJ, No. 04-5456-ag,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, December 11, 2007, Decided
View this case - free |
|||||
Overview: In finding that alien was ineligible for asylum under 8 U.S.C.S. § 1101(a)(42) and 1158, IJ misapplied law by requiring alien to show that he practiced Falun Gong in organized fashion in United States or that he was a leader or master of the religion in China. Given that IJ's adverse credibility determination was also flawed, remand was necessary.
|
|||||
| Qing Di Zheng v. Mukasey, 07-0394-ag,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, December 11, 2007, Decided
View this case - free |
|||||
Overview: Where IJ declined to credit asylum applicant's wife's letter solely because of her unavailability for cross-examination, and many of IJ's findings were flawed, BIA exceeded its discretion in holding that applicant did not meet his burden to demonstrate likelihood that testimony from his newly-available wife, if credited, would alter result in case.
|
|||||
| Qing Dong Zheng v. Mukasey, 05-5107-ag NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, December 11, 2007, Decided
View this case - free |
|||||
Overview: BIA did not abuse its discretion in denying Chinese citizen's motion to reopen and reconsider pursuant to 8 C.F.R. § 1003.2(c)(1) based on the citizen's claim of new evidence regarding allegations that citizen had altered airline ticket previously submitted. Without documentation or verifying information, BIA's decision was not devoid of reasoning.
|
|||||
| United States v. Kieffer, No. 05-3673-cr consolidated for disposition with No. 06-4629-cr,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, December 11, 2007, Decided
View this case - free |
|||||
Overview: Special condition of release prohibiting defendants convicted of child pornography from being on any school grounds, child care center, playground, park, recreational facility, or any area in which children were likely to congregate was remanded for clarification because defendants could not be barred from places where children did not congregate.
|
|||||
Back to Top
| www.lexisnexis.com | About LexisNexis | Terms & Conditions | Customer Support | Sitemap | Contact Us |
| CopyrightŠ 2008 LexisNexis® All rights reserved. |
