Arbitration, Civil Rights, Constitutional, and Criminal Matters - U.S. Second Circuit
U.S. Second Circuit - The FindLaw 2nd Circuit Court of Appeals Opinion Summaries Blog

Arbitration, Civil Rights, Constitutional, and Criminal Matters

Cameron v. N.Y., No. 08-5937, involved an action for false arrest and malicious prosecution.  The court of appeals reversed summary judgment for defendant-officers, on the grounds that 1) prosecutors' opinions as to probable cause and complaining officers' credibility are irrelevant in virtually all cases involving claims of malicious prosecution; and 2) the introduction of such evidence was not harmless because it provided strong external validation for propositions that otherwise would have come in only from the defendants' mouths.

Citigroup Global Markets, Inc. v. VCG Special Opportunities Master Fund Ltd., No. 08-6090, concerned an appeal from the district court's order granting plaintiff's motion for a preliminary injunction and enjoining defendant from proceeding with an arbitration initiated against plaintiff before the Financial Industry Regulatory Authority.  The court of appeals affirmed, holding that the "serious questions" standard for assessing a movant's likelihood of success on the merits remained valid in the wake of recent Supreme Court cases, and neither the district court's assessment of the facts nor its application of the law supported a finding of abuse of discretion.

TJS of N.Y., Inc. v. Smithtown, No. 08-2789, concerned an action seeking an injunction and declaratory judgment to the effect that defendant-town's zoning ordinance did not give plaintiff adequate alternative sites on which to locate its adult entertainment business.  The court of appeals vacated the denial of an injunction for plaintiff on the grounds that the First Amendment required courts to consider the adequacy of alternative sites available when the ordinance is challenged, not at the time the ordinance is passed.

In US v. Gardner, No. 08-4793, the court of appeals affirmed defendant's drug and firearm convictions, on the grounds that, when a defendant acquires a firearm using drugs as payment, he possesses the firearm in furtherance of a drug trafficking crime in violation of 18 U.S.C. section 924(c)(1)(A).

Related Resources