Insurance Policy Ambiguous Under Virginia Law, and Criminal and Insurance Issues - U.S. Second Circuit
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Insurance Policy Ambiguous Under Virginia Law, and Criminal and Insurance Issues

Macey v. Carolina Cas. Ins. Co., No. 08-6067, involved an action against an insurance policy for coverage of an underlying suit against corporate directors for breach of fiduciary duty.  The court of appeals reversed summary judgment for defendants, on the ground that the directors and officers insurance policy at issue was ambiguous under Virginia law.

Torraco v. Port Auth., No. 08-1768, concerned a challenge to the actions taken by defendant-police officers when plaintiffs attempted to transport unloaded firearms in checked baggage through various New York airports.  The court of appeals affirmed summary judgment for defendants, holding that 1) 18 U.S.C. section 926A was not enforceable through 42 U.S.C. section 1983; (2) plaintiffs' rights to be free from false arrest were not violated; and (3) plaintiffs' rights to travel were not infringed.

In US v. Whitten, No. 07-1320, the court of appeals affirmed defendant's murder and racketeering convictions on the grounds that 1) the evidence was sufficient to support a jury finding that he had acted with any of the motives required for conviction under the VICAR statute; and 2) there was no abuse of discretion in the district court's control of a witness's recross examination.  However, the court reversed defendant's death sentence on the ground that two arguments made to the jury by the prosecution -- both bearing on the critical issues of remorse, acceptance of responsibility, and future dangerousness -- impaired defendant's constitutional rights.

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