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FOR THE SECOND CIRCUIT , for-the-second-circuit (2012)

UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT second-guessed by this Court.” The standard is admittedly “open-ended”; both the Supreme Court and this Court have called for “judicial self-restraint” whenever a court confronts a

FOR THE SECOND CIRCUIT , for-the-second-circuit (2011)

UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT Defendant Joseph Spencer appeals the judgment of the District Court for the Southern District of New York (Holwell, J.), revoking supervised release and POOLER, Circuit Judge: The district court sentenced Joseph Spencer to 14 months in prison and 18 months of supervised release for violating two

United States Court of Appeals, Second Circuit , 153 F.3d 21 (1998)

.* United States Court of Appeals,Second Circuit. Argued May 11, 1998.Decided Aug. 12, 1998. 1 Allen H. Standard of Review 5 We review the grant of a motion for summary judgment de novo, using the same standard applied by the district court We therefore reverse the district court's denial of Darnet's application for attorneys' fees and remand to the district court for a determination of whether

United States Court of Appeals, Second Circuit , 136 F.3d 82 (1998)

United States Court of Appeals,Second Circuit. Argued Aug. 25, 1997.Decided Jan. 23, 1998. James A. were clients of the brokers and not of A & A. 30 The court turned to the dictionary for the meaning of "clients" and adopted Godbold of the United States Court of Appeals for the Eleventh Circuit, sitting by designation 2 Lloyd's operates as a marketplace

United States Court of Appeals, Second Circuit , 136 F.3d 884 (1997)

United States Court of Appeals,Second Circuit. Argued Sept. 22, 1997.Decided Dec. 22, 1997. Bradford W. Before: LEVAL and PARKER, Circuit Judges, and BAER, District Judge.1 PER CURIAM: 1 Plaintiff Cleveland Wrecking Co. appeals District Court for the Southern District of New York (John E.

United States Court of Appeals, Second Circuit , 116 F.3d 976 (1997)

United States Court of Appeals,Second Circuit. Argued Feb. 26, 1997.Decided June 23, 1997. MESKILL, Circuit Judge: 1 For many years, the International Multifoods Corp. 4 The United States District Court for the Western District of New York, Elfvin, J., concluded that plaintiffs did not make the necessary

United States Court of Appeals, Second Circuit , 113 F.3d 326 (1997)

United States Court of Appeals,Second Circuit. Argued and Submitted April 17, 1997.Decided May 12, 1997. WINTER, Circuit Judge: 1 William Kuntz, III, pro se, appeals from Chief Judge McAvoy's decision granting appellees' motion for summary The Supreme Court reasoned: 6 The fact is that there are obvious differences in kind between the needs and potentials of a political

United States Court of Appeals, Second Circuit , 113 F.3d 310 (1997)

United States Court of Appeals,Second Circuit. Argued March 25, 1997.Decided April 29, 1997. Philip B. In a second order the district court held the search was valid, and it entered a final judgment of forfeiture. Delaware Street" to include the attic. 11 AFFIRMED. 1 Of the United States Court of Appeals for

United States Court of Appeals, Second Circuit , 105 F.3d 822 (1997)

United States Court of Appeals,Second Circuit. Argued Dec. 3, 1996.Decided Jan. 30, 1997. David W. For that reason, the district court treated the Committee as if it were a trustee for the purpose of determining standing. This panel, moreover, sees no compelling reason to ask for an in banc session of the court to address the merits of In re Century Brass.4

United States Court of Appeals, Second Circuit , 102 F.3d 654 (1996)

United States Court of Appeals,Second Circuit. Argued Oct. 23, 1996.Decided Dec. 13, 1996. Susan D. VAN GRAAFEILAND, Circuit Judge: Mario DiBlasio appeals from a judgment of the United States District Court for the Southern District of New York arising out of the same transaction--is substantially the same as was raised by the New York Court of Appeals over a century ago in Robbins v.

United States Court of Appeals, Second Circuit , 101 F.3d 278 (1996)

United States Court of Appeals,Second Circuit. Argued Nov. 1, 1996.Decided Nov. 27, 1996. James C. Sherwood, New York, N.Y. Littleton, of Counsel), Amicus Curiae for National Cable Television Association. Before: FEINBERG, WALKER and JACOBS, Circuit Judges. Mahoney of the Nebraska bankruptcy court granted the motion of United Imports for authorization to operate its business except for those aspects relating

United States Court of Appeals, Second Circuit , 96 F.3d 20 (1996)

United States Court of Appeals,Second Circuit. Argued July 15, 1996.Decided Sept. 6, 1996. Arthur P. CABRANES, Circuit Judge: 1 In this appeal from a judgment for the appellees entered in the United States District Court for the Eastern The district court did not reach a definitive conclusion on this question because, it asserted, "[c]lear Second Circuit precedent indicates that where

United States Court of Appeals, Second Circuit , 86 F.3d 27 (1996)

United States Court of Appeals,Second Circuit. Argued Feb. 13, 1996.Decided June 11, 1996. Steven D. WALKER, Circuit Judge: 1 Defendant Melvin Poindexter appeals from a judgment of conviction for possession of a controlled substance ; 846 entered in the United States District Court for the District of Connecticut (Ellen Bree Burns, District Judge ) following the return of a jury's

United States Court of Appeals, Second Circuit , 83 F.3d 44 (1996)

United States Court of Appeals,Second Circuit. Submitted March 29, 1996.Decided April 30, 1996. From a judgment of the United States District Court for the Eastern District of New York, Dearie, J., remanding this action to the state court and enjoining to the Civil County Court of the City of New York, County of Kings, pursuant to 28 U.S.C. § 1447(c), for lack of subject matter jurisdiction, and

United States Court of Appeals, Second Circuit , 77 F.3d 648 (1996)

United States Court of Appeals,Second Circuit. Argued Jan. 8, 1996.Decided Feb. 26, 1996. KEARSE, Circuit Judge: 1 Claimant Jude Hotel Corporation ("Jude") appeals from a final judgment of the United States District Court Even if the Second Circuit were to apply the claimant's suggested factors, the forfeiture of the Kenmore Hotel would still not violate the Excessive Fines

United States Court of Appeals, Second Circuit , 75 F.3d 801 (1996)

United States Court of Appeals,Second Circuit. Argued Sept. 12, 1995.Decided Jan. 25, 1996. Nicholas deB. They appeal from the January 18, 1995, judgment of the District Court for the Southern District of New York (Richard Owen, Judge) granting the motion of The question before us is whether the District Court abused its discretion in denying plaintiffs' request to amend their complaint a second time.

United States Court of Appeals, Second Circuit , 66 F.3d 483 (1995)

United States Court of Appeals,Second Circuit. Argued Dec. 21, 1994.Decided Sept. 18, 1995.Rehearing Denied Dec. 5, 1995. The High Court has left it to the Courts of Appeals to develop the implications of these holdings. property and the offense may be relevant, but our decision today in no way limits the Court of Appeals from considering other factors in determining whether

United States Court of Appeals, Second Circuit , 68 F.3d 621 (1995)

United States Court of Appeals,Second Circuit. Argued June 29, 1995.Decided Oct. 18, 1995. Stuart A. Disney cross-appeals, contending that the district court erred in failing to enter judgment as a matter of law in its favor on its defense of estoppel. For the reasons that follow, we reject each of these challenges and affirm the judgment of the district court in its entirety.

United States Court of Appeals, Second Circuit , 68 F.3d 577 (1995)

United States Court of Appeals,Second Circuit. Gette, New York City, of counsel) for Petitioners-Appellees. 3 Before MINER and CALABRESI, Circuit Judges, and POLLACK, Senior District CONCLUSION 33 For the foregoing reasons, we vacate the order of the district court and remand for further findings and reconsideration

United States Court of Appeals, Second Circuit , 67 F.3d 20 (1995)

United States Court of Appeals,Second Circuit. Argued Feb. 6, 1995.Decided Sept. 28, 1995. Donald L. Bottehsazan, Great Neck, New York, of counsel), for Appellee Leadertex, Inc. Before: KEARSE, CARDAMONE, and MAHONEY, Circuit Judges. From this denial Morganton appeals.

United States Court of Appeals, Second Circuit , 59 F.3d 368 (1995)

United States Court of Appeals,Second Circuit. Argued March 29, 1995.Decided July 7, 1995. Edward D. Re, Garden City, NY (Frank J. Second, "[i]n all actions tried upon the facts without a jury ..., the court shall find the facts specially and state separately its conclusions of law Scheindlin of the United States District Court for the Southern District of New York, sitting by designation 1 At some point

United States Court of Appeals, Second Circuit , 58 F.3d 841 (1995)

United States Court of Appeals,Second Circuit. Argued March 22, 1995.Decided June 21, 1995. James P. Kennedy, Jr., Asst. U.S. , New York (the "property" or "farm"), appeals from a judgment entered in the United States District Court for the Western District of New York following For the reasons below, we reject her contentions and affirm the decision of the district court. I.

United States Court of Appeals, Second Circuit , 58 F.3d 35 (1995)

United States Court of Appeals,Second Circuit. Argued June 14, 1995.Decided June 21, 1995. Cheryl Payer, New York City (Paul A. Counsel of the City of New York, Stephen J. McGrath, and Philip M. Bein, of counsel), for plaintiff-appellant. Henry M. PER CURIAM: 1 We affirm for substantially the reasons stated in Judge Parker's opinion. See 891 F. Supp. 908.

United States Court of Appeals, Second Circuit , 57 F.3d 146 (1995)

United States Court of Appeals,Second Circuit. Argued Jan. 19, 1995.Decided May 11, 1995. John K. Carroll, New York City (Joseph H. We construe this interest in the "transaction" to be broader than an interest in the contract, and we predict that the New York Court of Appeals would 31 The cases we have reviewed do not allow us to predict with confidence how the New York Court of Appeals would reconcile these lines of cases on

United States Court of Appeals, Second Circuit , 52 F.3d 1173 (1995)

United States Court of Appeals,Second Circuit. Argued Nov. 21, 1994.Decided April 12, 1995. Fredric J. These findings appear in the second of the five district court opinions that are referenced herein. On July 27, 1990, the Third Circuit did recall its mandate and returned the case to the district court for reconsideration in light of Ojeda Rios.

United States Court of Appeals, Second Circuit , 44 F.3d 1091 (1995)

United States Court of Appeals,Second Circuit. Argued Oct. 11, 1994.Decided Jan. 5, 1995. Kay K. Gardiner, Asst. U.S. CALABRESI, Circuit Judge: 1 In this lengthy postscript to a protracted civil RICO case, defendant Anthony Ciccone appeals from a Second, the Court determined that Ciccone applied for a pension for which he was ineligible under the terms of the consent decree.

United States Court of Appeals, Second Circuit , 32 F.3d 37 (1994)

United States Court of Appeals,Second Circuit. Argued April 26, 1994.Decided Aug. 5, 1994. Stuart L. VAN GRAAFEILAND, Circuit Judge: 1 Transportation Capital Corporation ("TCC") appeals from a judgment of the United States District Court for the Southern District of New York (Conner, J.) awarding attorney's fees to plaintiffs' attorneys in the amount of $421,532.30.

United States Court of Appeals, Second Circuit , 31 F.3d 35 (1994)

United States Court of Appeals,Second Circuit. Argued Feb. 11, 1994.Decided July 18, 1994. John R. United States District Court for the District of Connecticut (Daly, J.) after a bench trial. Campbell of the United States Court of Appeals for the First Circuit, sitting by designation 1 Section 844 prohibits the

United States Court of Appeals, Second Circuit , 28 F.3d 1335 (1994)

United States Court of Appeals,Second Circuit. Argued Sept. 17, 1993.Decided July 5, 1994. Stanley Dobrowolski, pro se. , and Krugman in the United States District Court for the Eastern District of New York. While the New York Court of Appeals has explicitly stated that "[n]either the low bidder nor any other bidder has a vested property interest in a public

United States Court of Appeals, Second Circuit , 26 F.3d 8 (1994)

United States Court of Appeals,Second Circuit. Argued Oct. 20, 1993.Decided May 17, 1994. Kevin P. District Court for the Eastern District of New York, I. Court of Appeals for the Federal Circuit.

United States Court of Appeals, Second Circuit , 17 F.3d 580 (1994)

United States Court of Appeals,Second Circuit. Argued Aug. 12, 1993.Decided Feb. 28, 1994. James B. Second, there were no hallmark violations of the Act by divisional personnel. The state court acquittal of Filippone is not binding on the Board because of the difference in the degree of the burden of proof in criminal and civil

United States Court of Appeals, Second Circuit , 15 F.3d 270 (1994)

United States Court of Appeals,Second Circuit. Argued Oct. 28, 1993.Decided Jan. 31, 1994. Joseph J. Perrone, New York City (Peter D. ("MRO") appeals from Judge Keenan's order dismissing its complaint for lack of subject matter jurisdiction. Pursuant to the Bermans' motion, the district court dismissed the action for lack of subject matter jurisdiction. This appeal followed.

United States Court of Appeals, Second Circuit , 11 F.3d 1119 (1993)

United States Court of Appeals,Second Circuit. Argued Nov. 16, 1993.Decided Dec. 13, 1993. Donald E. Clark, Asst. U.S. TIMBERS, Circuit Judge: 1 The government appeals from orders entered May 11, 1993 and June 25, 1993, respectively, in the Southern the court accepted such a theory for seizure of all of the funds in the interbank account.

United States Court of Appeals, Second Circuit , 9 F.3d 218 (1993)

United States Court of Appeals,Second Circuit. Argued Sept. 15, 1993.Decided Nov. 4, 1993. James I. Sec. 151 et seq., and as contrary to relevant Second Circuit case law, see NLRB v. law of this Circuit, as modified by the Supreme Court.

United States Court of Appeals, Second Circuit , 6 F.3d 37 (1993)

United States Court of Appeals,Second Circuit. Argued April 2, 1993.Decided Sept. 10, 1993. Currency, 982 F.2d 851, and United States Currency in the Amount of $228,536.00, 895 F.2d 908, are the only second circuit cases to the contrary. 95 Under all these circumstances, we are satisfied that the weight of authority in the second circuit indicates that the government

United States Court of Appeals, Second Circuit , 996 F.2d 1485 (1993)

United States Court of Appeals,Second Circuit. Argued April 27, 1993.Decided July 21, 1993. Barry R. Weingard, Daryl Paxson, of counsel), for defendants-counter-claimants-appellants. Before: LUMBARD, NEWMAN, and MAHONEY, Circuit Judges. Cone and the remand order in Corcoran, both of which left for state court determination the issue of arbitrability.

United States Court of Appeals, Second Circuit , 995 F.2d 378 (1993)

United States Court of Appeals,Second Circuit. Argued May 17, 1993.Decided June 11, 1993. Spencer Weber Waller, Brooklyn, NY (Eric B. ., Miami, FL, of counsel), for plaintiff-appellee. Before: VAN GRAAFEILAND, CARDAMONE and ALTIMARI, Circuit Judges. In the course of this ruling, the court declared Cohen, as Receiver for FBA, Inc., the owner of the engines. 3 Appellants trace their

United States Court of Appeals, Second Circuit , 996 F.2d 1353 (1993)

United States Court of Appeals,Second Circuit. Argued Feb. 5, 1993.Decided June 2, 1993. Dale A. Second, they signed the General Undertaking which requires them to abide by all of Lloyd's bylaws. party "will for all practical purposes be deprived of his day in court," due to the grave inconvenience or unfairness of the selected forum, 407 U.S.

United States Court of Appeals, Second Circuit , 994 F.2d 94 (1993)

United States Court of Appeals,Second Circuit. Argued March 22, 1993.Decided June 1, 1993. Robert A. Wolf, New York City (Kenneth H. of the court. damages to Owners Corp. 11 As to the remaining claims, the judgment of the district court is affirmed substantially for the reasons

United States Court of Appeals, Second Circuit , 983 F.2d 396 (1993)

United States Court of Appeals,Second Circuit. Argued Oct. 1, 1992.Decided Jan. 6, 1993. Atty., S.D.N.Y., of counsel), for plaintiff-appellee-cross-appellant. Before: MESKILL, Chief Judge, OAKES and CARDAMONE, Circuit Judges. The government cross-appeals from that portion of the judgment dismissing its forfeiture claim against the two bank accounts.

United States Court of Appeals, Second Circuit , 971 F.2d 896 (1992)

United States Court of Appeals,Second Circuit. Argued April 15, 1992.Decided Aug. 3, 1992. Perry S. Reich, Lindenhurst, N.Y. (Statewide), appeals from a December 16, 1991, order of the United States District Court for the Eastern District of New York, Eugene H. , the court below said: 87 The Court of Appeals for the Second Circuit in United States v. 141 St.

United States Court of Appeals, Second Circuit , 961 F.2d 359 (1992)

United States Court of Appeals, Second Circuit. Argued July 23, 1991.Decided April 9, 1992. John M. Denby, Uniondale, N.Y. (Evan H. Hygh cross-appeals, seeking reinstatement of a jury award of $36,000.00 in compensatory damages for malicious prosecution that the district court reduced and more evidence having been presented the second time, the court declines, in the exercise of its discretion, to set aside the second verdict."

United States Court of Appeals, Second Circuit , 959 F.2d 1158 (1992)

United States Court of Appeals,Second Circuit. Argued Jan. 21, 1992.Decided Jan. 24, 1992.Opinion filed March 23, 1992. to in the present proceedings by the fictitious name "XYZ," appeals from an order of the United States District Court for the Southern District of New 15 The net of the whole matter, as presented to the Court, indicates to the Court very clearly that the motion to compel production of the disputed

United States Court of Appeals, Second Circuit , 954 F.2d 45 (1992)

United States Court of Appeals,Second Circuit. Argued Oct. 9, 1991.Decided Jan. 10, 1992. Robert Zastrow, New York City (Karen S. Judge Richard Owen of the United States District Court for the Southern District of New York granted Tenants Corporation's motion finding that the termination Sponsor appeals the district court's ruling that the lease termination was valid and Tenants Corporation cross-appeals the denial of attorneys' fees.

United States Court of Appeals, Second Circuit , 941 F.2d 107 (1991)

United States Court of Appeals,Second Circuit. Argued Nov. 29, 1990.Decided July 31, 1991. Phyllis E. (the "Cooperative") from an amended judgment of the United States District Court for the Southern District of New York, John M. The United States District Court for the Southern District of New York, John M.

United States Court of Appeals, Second Circuit , 938 F.2d 8 (1991)

United States Court of Appeals,Second Circuit. Argued April 17, 1991.Decided June 28, 1991. Appellants based this argument primarily upon a March 3, 1989 decision of the Court of Appeals for the District of Columbia Circuit which held that section Sec. 1818(h) which provides for appeal of OCC orders to the court of appeals, held that it lacked subject matter jurisdiction to grant plaintiffs the injunctive

United States Court of Appeals, Second Circuit , 937 F.2d 743 (1991)

United States Court of Appeals,Second Circuit. Argued Jan. 23, 1991.Decided June 25, 1991. Ronald J. Offenkrantz, New York City (M. MINER, Circuit Judge: 1 Sierra Rutile Limited ("Sierra") appeals from two orders entered in the United States District Court for In the second order, the court held in abeyance Sierra's motion to remand the action at bar to the Supreme Court, New York County, from which it was removed

United States Court of Appeals, Second Circuit , 931 F.2d 177 (1991)

United States Court of Appeals, Second Circuit. Argued Feb. 11, 1991.Decided April 12, 1991. James T. Grady, Gen. Counsel, Intern. In addition, the IBT appeals from an order approving the staffing requests of the court-appointed officer who is to supervise the elections ("Staffing Second, at the suggestion of AUD, the court held that the Election Officer's authority to supervise the elections required him to conduct all phases of

United States Court of Appeals, Second Circuit , 911 F.2d 870 (1990)

United States Court of Appeals,Second Circuit. Argued April 20, 1990.Decided Aug. 17, 1990. ., Southern District of New York, New York City, of counsel), for plaintiff-appellee. Before TIMBERS, MESKILL and PIERCE, Circuit Judges. Similarly, the government has an interest in enforcing its drug laws. Second, there was a great need in this case for prompt action.

United States Court of Appeals, Second Circuit , 901 F.2d 288 (1990)

United States Court of Appeals,Second Circuit. Submitted Feb. 7, 1990.Decided April 17, 1990. Claimant-appellant James Kimbrough appeals from a judgment, entered in the United States District Court for the Southern District of New York (Kevin T. For the reasons set forth below, we affirm the judgment of the district court.

Opinion

FOR THE SECOND CIRCUIT , for-the-second-circuit (2012)

UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT second-guessed by this Court.” The standard is admittedly “open-ended”; both the Supreme Court and this Court have called for “judicial self-restraint” whenever a court confronts a

FOR THE SECOND CIRCUIT , for-the-second-circuit (2011)

UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT Defendant Joseph Spencer appeals the judgment of the District Court for the Southern District of New York (Holwell, J.), revoking supervised release and POOLER, Circuit Judge: The district court sentenced Joseph Spencer to 14 months in prison and 18 months of supervised release for violating two

United States Court of Appeals, Second Circuit , 153 F.3d 21 (1998)

.* United States Court of Appeals,Second Circuit. Argued May 11, 1998.Decided Aug. 12, 1998. 1 Allen H. Standard of Review 5 We review the grant of a motion for summary judgment de novo, using the same standard applied by the district court We therefore reverse the district court's denial of Darnet's application for attorneys' fees and remand to the district court for a determination of whether

United States Court of Appeals, Second Circuit , 136 F.3d 82 (1998)

United States Court of Appeals,Second Circuit. Argued Aug. 25, 1997.Decided Jan. 23, 1998. James A. were clients of the brokers and not of A & A. 30 The court turned to the dictionary for the meaning of "clients" and adopted Godbold of the United States Court of Appeals for the Eleventh Circuit, sitting by designation 2 Lloyd's operates as a marketplace

United States Court of Appeals, Second Circuit , 136 F.3d 884 (1997)

United States Court of Appeals,Second Circuit. Argued Sept. 22, 1997.Decided Dec. 22, 1997. Bradford W. Before: LEVAL and PARKER, Circuit Judges, and BAER, District Judge.1 PER CURIAM: 1 Plaintiff Cleveland Wrecking Co. appeals District Court for the Southern District of New York (John E.

United States Court of Appeals, Second Circuit , 116 F.3d 976 (1997)

United States Court of Appeals,Second Circuit. Argued Feb. 26, 1997.Decided June 23, 1997. MESKILL, Circuit Judge: 1 For many years, the International Multifoods Corp. 4 The United States District Court for the Western District of New York, Elfvin, J., concluded that plaintiffs did not make the necessary

United States Court of Appeals, Second Circuit , 113 F.3d 326 (1997)

United States Court of Appeals,Second Circuit. Argued and Submitted April 17, 1997.Decided May 12, 1997. WINTER, Circuit Judge: 1 William Kuntz, III, pro se, appeals from Chief Judge McAvoy's decision granting appellees' motion for summary The Supreme Court reasoned: 6 The fact is that there are obvious differences in kind between the needs and potentials of a political

United States Court of Appeals, Second Circuit , 113 F.3d 310 (1997)

United States Court of Appeals,Second Circuit. Argued March 25, 1997.Decided April 29, 1997. Philip B. In a second order the district court held the search was valid, and it entered a final judgment of forfeiture. Delaware Street" to include the attic. 11 AFFIRMED. 1 Of the United States Court of Appeals for

United States Court of Appeals, Second Circuit , 105 F.3d 822 (1997)

United States Court of Appeals,Second Circuit. Argued Dec. 3, 1996.Decided Jan. 30, 1997. David W. For that reason, the district court treated the Committee as if it were a trustee for the purpose of determining standing. This panel, moreover, sees no compelling reason to ask for an in banc session of the court to address the merits of In re Century Brass.4

United States Court of Appeals, Second Circuit , 102 F.3d 654 (1996)

United States Court of Appeals,Second Circuit. Argued Oct. 23, 1996.Decided Dec. 13, 1996. Susan D. VAN GRAAFEILAND, Circuit Judge: Mario DiBlasio appeals from a judgment of the United States District Court for the Southern District of New York arising out of the same transaction--is substantially the same as was raised by the New York Court of Appeals over a century ago in Robbins v.

United States Court of Appeals, Second Circuit , 101 F.3d 278 (1996)

United States Court of Appeals,Second Circuit. Argued Nov. 1, 1996.Decided Nov. 27, 1996. James C. Sherwood, New York, N.Y. Littleton, of Counsel), Amicus Curiae for National Cable Television Association. Before: FEINBERG, WALKER and JACOBS, Circuit Judges. Mahoney of the Nebraska bankruptcy court granted the motion of United Imports for authorization to operate its business except for those aspects relating

United States Court of Appeals, Second Circuit , 96 F.3d 20 (1996)

United States Court of Appeals,Second Circuit. Argued July 15, 1996.Decided Sept. 6, 1996. Arthur P. CABRANES, Circuit Judge: 1 In this appeal from a judgment for the appellees entered in the United States District Court for the Eastern The district court did not reach a definitive conclusion on this question because, it asserted, "[c]lear Second Circuit precedent indicates that where

United States Court of Appeals, Second Circuit , 86 F.3d 27 (1996)

United States Court of Appeals,Second Circuit. Argued Feb. 13, 1996.Decided June 11, 1996. Steven D. WALKER, Circuit Judge: 1 Defendant Melvin Poindexter appeals from a judgment of conviction for possession of a controlled substance ; 846 entered in the United States District Court for the District of Connecticut (Ellen Bree Burns, District Judge ) following the return of a jury's

United States Court of Appeals, Second Circuit , 83 F.3d 44 (1996)

United States Court of Appeals,Second Circuit. Submitted March 29, 1996.Decided April 30, 1996. From a judgment of the United States District Court for the Eastern District of New York, Dearie, J., remanding this action to the state court and enjoining to the Civil County Court of the City of New York, County of Kings, pursuant to 28 U.S.C. § 1447(c), for lack of subject matter jurisdiction, and

United States Court of Appeals, Second Circuit , 77 F.3d 648 (1996)

United States Court of Appeals,Second Circuit. Argued Jan. 8, 1996.Decided Feb. 26, 1996. KEARSE, Circuit Judge: 1 Claimant Jude Hotel Corporation ("Jude") appeals from a final judgment of the United States District Court Even if the Second Circuit were to apply the claimant's suggested factors, the forfeiture of the Kenmore Hotel would still not violate the Excessive Fines

United States Court of Appeals, Second Circuit , 75 F.3d 801 (1996)

United States Court of Appeals,Second Circuit. Argued Sept. 12, 1995.Decided Jan. 25, 1996. Nicholas deB. They appeal from the January 18, 1995, judgment of the District Court for the Southern District of New York (Richard Owen, Judge) granting the motion of The question before us is whether the District Court abused its discretion in denying plaintiffs' request to amend their complaint a second time.

United States Court of Appeals, Second Circuit , 66 F.3d 483 (1995)

United States Court of Appeals,Second Circuit. Argued Dec. 21, 1994.Decided Sept. 18, 1995.Rehearing Denied Dec. 5, 1995. The High Court has left it to the Courts of Appeals to develop the implications of these holdings. property and the offense may be relevant, but our decision today in no way limits the Court of Appeals from considering other factors in determining whether

United States Court of Appeals, Second Circuit , 68 F.3d 621 (1995)

United States Court of Appeals,Second Circuit. Argued June 29, 1995.Decided Oct. 18, 1995. Stuart A. Disney cross-appeals, contending that the district court erred in failing to enter judgment as a matter of law in its favor on its defense of estoppel. For the reasons that follow, we reject each of these challenges and affirm the judgment of the district court in its entirety.

United States Court of Appeals, Second Circuit , 68 F.3d 577 (1995)

United States Court of Appeals,Second Circuit. Gette, New York City, of counsel) for Petitioners-Appellees. 3 Before MINER and CALABRESI, Circuit Judges, and POLLACK, Senior District CONCLUSION 33 For the foregoing reasons, we vacate the order of the district court and remand for further findings and reconsideration

United States Court of Appeals, Second Circuit , 67 F.3d 20 (1995)

United States Court of Appeals,Second Circuit. Argued Feb. 6, 1995.Decided Sept. 28, 1995. Donald L. Bottehsazan, Great Neck, New York, of counsel), for Appellee Leadertex, Inc. Before: KEARSE, CARDAMONE, and MAHONEY, Circuit Judges. From this denial Morganton appeals.

United States Court of Appeals, Second Circuit , 59 F.3d 368 (1995)

United States Court of Appeals,Second Circuit. Argued March 29, 1995.Decided July 7, 1995. Edward D. Re, Garden City, NY (Frank J. Second, "[i]n all actions tried upon the facts without a jury ..., the court shall find the facts specially and state separately its conclusions of law Scheindlin of the United States District Court for the Southern District of New York, sitting by designation 1 At some point

United States Court of Appeals, Second Circuit , 58 F.3d 841 (1995)

United States Court of Appeals,Second Circuit. Argued March 22, 1995.Decided June 21, 1995. James P. Kennedy, Jr., Asst. U.S. , New York (the "property" or "farm"), appeals from a judgment entered in the United States District Court for the Western District of New York following For the reasons below, we reject her contentions and affirm the decision of the district court. I.

United States Court of Appeals, Second Circuit , 58 F.3d 35 (1995)

United States Court of Appeals,Second Circuit. Argued June 14, 1995.Decided June 21, 1995. Cheryl Payer, New York City (Paul A. Counsel of the City of New York, Stephen J. McGrath, and Philip M. Bein, of counsel), for plaintiff-appellant. Henry M. PER CURIAM: 1 We affirm for substantially the reasons stated in Judge Parker's opinion. See 891 F. Supp. 908.

United States Court of Appeals, Second Circuit , 57 F.3d 146 (1995)

United States Court of Appeals,Second Circuit. Argued Jan. 19, 1995.Decided May 11, 1995. John K. Carroll, New York City (Joseph H. We construe this interest in the "transaction" to be broader than an interest in the contract, and we predict that the New York Court of Appeals would 31 The cases we have reviewed do not allow us to predict with confidence how the New York Court of Appeals would reconcile these lines of cases on

United States Court of Appeals, Second Circuit , 52 F.3d 1173 (1995)

United States Court of Appeals,Second Circuit. Argued Nov. 21, 1994.Decided April 12, 1995. Fredric J. These findings appear in the second of the five district court opinions that are referenced herein. On July 27, 1990, the Third Circuit did recall its mandate and returned the case to the district court for reconsideration in light of Ojeda Rios.

United States Court of Appeals, Second Circuit , 44 F.3d 1091 (1995)

United States Court of Appeals,Second Circuit. Argued Oct. 11, 1994.Decided Jan. 5, 1995. Kay K. Gardiner, Asst. U.S. CALABRESI, Circuit Judge: 1 In this lengthy postscript to a protracted civil RICO case, defendant Anthony Ciccone appeals from a Second, the Court determined that Ciccone applied for a pension for which he was ineligible under the terms of the consent decree.

United States Court of Appeals, Second Circuit , 32 F.3d 37 (1994)

United States Court of Appeals,Second Circuit. Argued April 26, 1994.Decided Aug. 5, 1994. Stuart L. VAN GRAAFEILAND, Circuit Judge: 1 Transportation Capital Corporation ("TCC") appeals from a judgment of the United States District Court for the Southern District of New York (Conner, J.) awarding attorney's fees to plaintiffs' attorneys in the amount of $421,532.30.

United States Court of Appeals, Second Circuit , 31 F.3d 35 (1994)

United States Court of Appeals,Second Circuit. Argued Feb. 11, 1994.Decided July 18, 1994. John R. United States District Court for the District of Connecticut (Daly, J.) after a bench trial. Campbell of the United States Court of Appeals for the First Circuit, sitting by designation 1 Section 844 prohibits the

United States Court of Appeals, Second Circuit , 28 F.3d 1335 (1994)

United States Court of Appeals,Second Circuit. Argued Sept. 17, 1993.Decided July 5, 1994. Stanley Dobrowolski, pro se. , and Krugman in the United States District Court for the Eastern District of New York. While the New York Court of Appeals has explicitly stated that "[n]either the low bidder nor any other bidder has a vested property interest in a public

United States Court of Appeals, Second Circuit , 26 F.3d 8 (1994)

United States Court of Appeals,Second Circuit. Argued Oct. 20, 1993.Decided May 17, 1994. Kevin P. District Court for the Eastern District of New York, I. Court of Appeals for the Federal Circuit.

United States Court of Appeals, Second Circuit , 17 F.3d 580 (1994)

United States Court of Appeals,Second Circuit. Argued Aug. 12, 1993.Decided Feb. 28, 1994. James B. Second, there were no hallmark violations of the Act by divisional personnel. The state court acquittal of Filippone is not binding on the Board because of the difference in the degree of the burden of proof in criminal and civil

United States Court of Appeals, Second Circuit , 15 F.3d 270 (1994)

United States Court of Appeals,Second Circuit. Argued Oct. 28, 1993.Decided Jan. 31, 1994. Joseph J. Perrone, New York City (Peter D. ("MRO") appeals from Judge Keenan's order dismissing its complaint for lack of subject matter jurisdiction. Pursuant to the Bermans' motion, the district court dismissed the action for lack of subject matter jurisdiction. This appeal followed.

United States Court of Appeals, Second Circuit , 11 F.3d 1119 (1993)

United States Court of Appeals,Second Circuit. Argued Nov. 16, 1993.Decided Dec. 13, 1993. Donald E. Clark, Asst. U.S. TIMBERS, Circuit Judge: 1 The government appeals from orders entered May 11, 1993 and June 25, 1993, respectively, in the Southern the court accepted such a theory for seizure of all of the funds in the interbank account.

United States Court of Appeals, Second Circuit , 9 F.3d 218 (1993)

United States Court of Appeals,Second Circuit. Argued Sept. 15, 1993.Decided Nov. 4, 1993. James I. Sec. 151 et seq., and as contrary to relevant Second Circuit case law, see NLRB v. law of this Circuit, as modified by the Supreme Court.

United States Court of Appeals, Second Circuit , 6 F.3d 37 (1993)

United States Court of Appeals,Second Circuit. Argued April 2, 1993.Decided Sept. 10, 1993. Currency, 982 F.2d 851, and United States Currency in the Amount of $228,536.00, 895 F.2d 908, are the only second circuit cases to the contrary. 95 Under all these circumstances, we are satisfied that the weight of authority in the second circuit indicates that the government

United States Court of Appeals, Second Circuit , 996 F.2d 1485 (1993)

United States Court of Appeals,Second Circuit. Argued April 27, 1993.Decided July 21, 1993. Barry R. Weingard, Daryl Paxson, of counsel), for defendants-counter-claimants-appellants. Before: LUMBARD, NEWMAN, and MAHONEY, Circuit Judges. Cone and the remand order in Corcoran, both of which left for state court determination the issue of arbitrability.

United States Court of Appeals, Second Circuit , 995 F.2d 378 (1993)

United States Court of Appeals,Second Circuit. Argued May 17, 1993.Decided June 11, 1993. Spencer Weber Waller, Brooklyn, NY (Eric B. ., Miami, FL, of counsel), for plaintiff-appellee. Before: VAN GRAAFEILAND, CARDAMONE and ALTIMARI, Circuit Judges. In the course of this ruling, the court declared Cohen, as Receiver for FBA, Inc., the owner of the engines. 3 Appellants trace their

United States Court of Appeals, Second Circuit , 996 F.2d 1353 (1993)

United States Court of Appeals,Second Circuit. Argued Feb. 5, 1993.Decided June 2, 1993. Dale A. Second, they signed the General Undertaking which requires them to abide by all of Lloyd's bylaws. party "will for all practical purposes be deprived of his day in court," due to the grave inconvenience or unfairness of the selected forum, 407 U.S.

United States Court of Appeals, Second Circuit , 994 F.2d 94 (1993)

United States Court of Appeals,Second Circuit. Argued March 22, 1993.Decided June 1, 1993. Robert A. Wolf, New York City (Kenneth H. of the court. damages to Owners Corp. 11 As to the remaining claims, the judgment of the district court is affirmed substantially for the reasons

United States Court of Appeals, Second Circuit , 983 F.2d 396 (1993)

United States Court of Appeals,Second Circuit. Argued Oct. 1, 1992.Decided Jan. 6, 1993. Atty., S.D.N.Y., of counsel), for plaintiff-appellee-cross-appellant. Before: MESKILL, Chief Judge, OAKES and CARDAMONE, Circuit Judges. The government cross-appeals from that portion of the judgment dismissing its forfeiture claim against the two bank accounts.

United States Court of Appeals, Second Circuit , 971 F.2d 896 (1992)

United States Court of Appeals,Second Circuit. Argued April 15, 1992.Decided Aug. 3, 1992. Perry S. Reich, Lindenhurst, N.Y. (Statewide), appeals from a December 16, 1991, order of the United States District Court for the Eastern District of New York, Eugene H. , the court below said: 87 The Court of Appeals for the Second Circuit in United States v. 141 St.

United States Court of Appeals, Second Circuit , 961 F.2d 359 (1992)

United States Court of Appeals, Second Circuit. Argued July 23, 1991.Decided April 9, 1992. John M. Denby, Uniondale, N.Y. (Evan H. Hygh cross-appeals, seeking reinstatement of a jury award of $36,000.00 in compensatory damages for malicious prosecution that the district court reduced and more evidence having been presented the second time, the court declines, in the exercise of its discretion, to set aside the second verdict."

United States Court of Appeals, Second Circuit , 959 F.2d 1158 (1992)

United States Court of Appeals,Second Circuit. Argued Jan. 21, 1992.Decided Jan. 24, 1992.Opinion filed March 23, 1992. to in the present proceedings by the fictitious name "XYZ," appeals from an order of the United States District Court for the Southern District of New 15 The net of the whole matter, as presented to the Court, indicates to the Court very clearly that the motion to compel production of the disputed

United States Court of Appeals, Second Circuit , 954 F.2d 45 (1992)

United States Court of Appeals,Second Circuit. Argued Oct. 9, 1991.Decided Jan. 10, 1992. Robert Zastrow, New York City (Karen S. Judge Richard Owen of the United States District Court for the Southern District of New York granted Tenants Corporation's motion finding that the termination Sponsor appeals the district court's ruling that the lease termination was valid and Tenants Corporation cross-appeals the denial of attorneys' fees.

United States Court of Appeals, Second Circuit , 941 F.2d 107 (1991)

United States Court of Appeals,Second Circuit. Argued Nov. 29, 1990.Decided July 31, 1991. Phyllis E. (the "Cooperative") from an amended judgment of the United States District Court for the Southern District of New York, John M. The United States District Court for the Southern District of New York, John M.

United States Court of Appeals, Second Circuit , 938 F.2d 8 (1991)

United States Court of Appeals,Second Circuit. Argued April 17, 1991.Decided June 28, 1991. Appellants based this argument primarily upon a March 3, 1989 decision of the Court of Appeals for the District of Columbia Circuit which held that section Sec. 1818(h) which provides for appeal of OCC orders to the court of appeals, held that it lacked subject matter jurisdiction to grant plaintiffs the injunctive

United States Court of Appeals, Second Circuit , 937 F.2d 743 (1991)

United States Court of Appeals,Second Circuit. Argued Jan. 23, 1991.Decided June 25, 1991. Ronald J. Offenkrantz, New York City (M. MINER, Circuit Judge: 1 Sierra Rutile Limited ("Sierra") appeals from two orders entered in the United States District Court for In the second order, the court held in abeyance Sierra's motion to remand the action at bar to the Supreme Court, New York County, from which it was removed

United States Court of Appeals, Second Circuit , 931 F.2d 177 (1991)

United States Court of Appeals, Second Circuit. Argued Feb. 11, 1991.Decided April 12, 1991. James T. Grady, Gen. Counsel, Intern. In addition, the IBT appeals from an order approving the staffing requests of the court-appointed officer who is to supervise the elections ("Staffing Second, at the suggestion of AUD, the court held that the Election Officer's authority to supervise the elections required him to conduct all phases of

United States Court of Appeals, Second Circuit , 911 F.2d 870 (1990)

United States Court of Appeals,Second Circuit. Argued April 20, 1990.Decided Aug. 17, 1990. ., Southern District of New York, New York City, of counsel), for plaintiff-appellee. Before TIMBERS, MESKILL and PIERCE, Circuit Judges. Similarly, the government has an interest in enforcing its drug laws. Second, there was a great need in this case for prompt action.

United States Court of Appeals, Second Circuit , 901 F.2d 288 (1990)

United States Court of Appeals,Second Circuit. Submitted Feb. 7, 1990.Decided April 17, 1990. Claimant-appellant James Kimbrough appeals from a judgment, entered in the United States District Court for the Southern District of New York (Kevin T. For the reasons set forth below, we affirm the judgment of the district court.