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Submissions from 2009

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Viet. Assoc. for Victims of Agent Orange v. Dow Chem. Co., 517 F.3d 104 (2d Cir. 2008) (holding that district court lacked jurisdiction under the Alien Tort Statute to consider the claims of a Vietnam nonprofit group and Vietnam nationals for injuries allegedly sustained from exposure to herbicides during the Vietnam War, that state law claims were barred by the government contractor defense and the district court did not abuse its discretion when it denied extraterritorial injunctive relief), cert. denied, 555 U.S. 1218 (2009)., Roger J. Miner

Submissions from 2008

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City of New York v. Beretta U.S.A. Corp., 524 F.3d 384 (2d Cir. 2008) (upholding constitutionality of the Protection of Lawful Commerce in Arms Act (which prohibited certain actions against firearms manufacturers and sellers arising from criminal or unlawful misuse of a firearm) and directing dismissal of complaint "seeking injunctive relief and abatement of alleged public nuisance" as barred by act), cert. denied, 129 S. Ct. 1579 (2009)., Roger J. Miner

Submissions from 2004

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Hallcok v. Bonner, 387 F.3d 147 (2d Cir. 2004) (holding interlocutory order denying dismissal based on Federal Tort Claims Act's judgment bar appealable under the collateral order doctrine), vacated and remanded sub nom. Will v. Hallock, 546 U.S. 345 (2006)., Roger J. Miner

Submissions from 2003

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Brown & Williamson Tobacco Corp. v. Pataki, 320 F.3d 200 (2d Cir. 2003) (holding New York statute prohibiting "cigarette sellers and common and contract carriers from shipping and transporting cigarettes directly to New York consumers" did not violate the commerce clause)., Roger J. Miner

Submissions from 2000

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Good News Club v. Milford Cent. Sch., 202 F.3d 502 (2d Cir. 2000) (school's policy limiting use of its facilities for after-school activities did not constitute unconstitutional viewpoint discrimination and was not unreasonable where the after-school activities were "quintessentially religious" and fell "outside the bounds of pure 'moral and character development'"), rev'd and remanded, 533 U.S. 98 (2001)., Roger J. Miner

Submissions from 1996

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Quill v. Vacco, 80 F.3d 716 (2d Cir. 1996) (New York statutes criminalizing assisted suicide violate the Equal Protection Clause because they are not rationally related to any legitimate state interest to the "extent they prohibit a physician from prescribing medications to be self-administered by a mentally competent, terminally-ill person in the final stages of his terminal illness" and therefore treat such persons differently from those who terminate life support at the request of terminally ill), rev'd, 521 U.S. 793 (1997)., Roger J. Miner

Submissions from 1995

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Bourne v. Walt Disney Co., 68 F.3d 621 (2d Cir. 1995) (finding that the instrument conveying Disney's copyrights in compositions, but providing Disney with a license to use the compositions in "motion pictures" made by Disney, was broad enough to cover videocassettes, and rejecting plaintiff's contention that "Disney's sale of videocassettes constituted infringement of plaintiff's exclusive right to vend"), cert. denied, 517 U.S. 1240 (1996)., Roger J. Miner

Submissions from 1993

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Loper v. New York City Police Dep't, 999 F.2d 699 (2d Cir. 1993) (affirming district court's holding that New York statute criminalizing loitering, remaining, or wandering "about in a public place for the purpose of begging" violated the First Amendment)., Roger J. Miner

Submissions from 1992

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Collins v. Promark Prods. Inc., 956 F.2d 383 (2d Cir. 1992) (New York law applied in a personal injury action where the place of the accident, a previously submerged portion of Ellis Island west of the boundary between New York and New Jersey, was found to be "a part of New York")., Roger J. Miner

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Harris Trust & Sav. Bank v. John Hancock Mut. Life Ins. Co., 970 F.2d 1138 (2d Cir. 1992) (holding, inter alia, that trustee of retirement trust did not have a fiduciary responsibility as to guaranteed benefits policy group annuity contract, but was a fiduciary as to nonfixed, nonguaranteed obligations subject to fluctuation), aff'd, 510 U.S. 86 (1993)., Roger J. Miner

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Lamb's Chapel v. Ctr. Moriches Union Free Sch. Dist., 959 F.2d 381 (2d Cir. 1992) (because schools were limited forums not open to religious uses by policy or practice, school district did not violate the First Amendment when it refused to allow church to use school facilities during nonschool hours to show religious film series), rev'd, 508 U.S. 384 (1993)., Roger J. Miner

Submissions from 1990

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Simon & Schuster Inc. v. Fischetti, 916 F.2d 777 (2d Cir. 1990) (statute requiring earnings from exploitation of a crime to be escrowed to assure payment of civil judgments later recovered by victims was consistent with the First Amendment because it was narrowly tailored to that state's strong interest in preventing criminals from profiting from their crimes while victims were in need of compensation), rev'd sub nom. Simon & Schuster Inc. v. Members of the N.Y. State Crime Victims Bd., 502 U.S. 105 (1991)., Roger J. Miner

Submissions from 1989

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New Era Publ'ns Int'l v. Henry Holt & Co., 873 F.2d 576 (2d Cir. 1989) (holding in copyright infringement action against publisher of L. Ron Hubbard biography that extensive use of Hubbard's published and unpublished writings did not constitute fair use and that, although damages were warranted, injunctive relief was barred by laches), cert. denied, 493 U.S. 1094 (1990)., Roger J. Miner

Submissions from 1988

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Beer Inst. v. Healy, 849 F.2d 753 (2d Cir. 1988), Roger J. Miner

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United States v. Starrett City Assocs., 840 F.2d 1096 (2d Cir.) (use of "rigid racial quotas of indefinite duration to maintain a fixed level of integration at [plaintiff's housing complex] by restricting minority access to scarce and desirable rental accommodations otherwise available to them" prohibited by Title VIII), cert. denied, 488 U.S. 946 (1988)., Roger J. Miner

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Willington Convalescent Home Inc. v. Conn. Dep't of Income Maint., 850 F.2d 50 (2d Cir. 1988) (Chapter 7 trustee's adversarial proceeding against the state of Connecticut did not fall within Bankruptcy Code's waiver of sovereign immunity and was therefore barred by the Eleventh Amendment), aff'd sub nom. Hoffman v. Conn. Dep't of Income Maint., 492 U.S. 96 (1989)., Roger J. Miner

Submissions from 1987

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In re "Agent Orange" Prod. Liab. Litig., 818 F.2d 216 (2d Cir. 1987) (reversing district court's approval of a fee-sharing agreement entered into by the Plaintiffs' Management Committee (PMC) that would provide a threefold return on investment to PMC members who advanced funds for litigation), cert. denied, 484 U.S. 926 (1987)., Roger J. Miner

Submissions from 1986

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DeCintio v. Westchester County Med. Ctr., 807 F.2d 304 (2d Cir. 1986) ("voluntary, romantic relationships cannot form the basis of a sex discrimination suit under Title VII or the Equal Pay Act"), cert. denied, 484 U.S. 825 (1987)., Roger J. Miner