U.S. Second Circuit: January 2011 Archives
U.S. Second Circuit - The FindLaw 2nd Circuit Court of Appeals Opinion Summaries Blog

January 2011 Archives

Chevron Corp. v. Berlinger, No. 10-1918

Order Compelling Discovery Affirmed

In Chevron Corp. v. Berlinger, No. 10-1918, respondents' appeal from an order compelling disclosure of respondents' film outtakes for use in proceedings in foreign tribunals, the court affirmed where, given all the circumstances of the making of the film, as reasonably found by the district court, particularly the fact that respondent's making of the film was solicited by the plaintiffs in a foreign litigation for the purpose of telling their story, and that changes to the film were made at their instance, respondent failed to carry his burden of showing that he collected information for the purpose of independent reporting and commentary.

 

Matson v. Bd. of Educ., No. 09-3773

Action Alleging Breach of Right to Privacy

In Matson v. Bd. of Educ., No. 09-3773, an action alleging that defendants violated her right to privacy by publicly disclosing that she suffers from fibromyalgia, the court affirmed the dismissal of the complaint where the Constitution did not protect plaintiff's right to maintain the confidentiality of her fibromyalgia.

Langston v. Smith, No. 10-3045

Grant of Habeas Petition Affirmed

In Langston v. Smith, No. 10-3045, a prosecution for felony assault and second-degree criminal possession of a weapon, the court affirmed the grant of petitioner's habeas petition where no reasonable jury could have convicted petitioner of felony assault, and the state appellate court unreasonably applied Jackson v. Virginia, 443 U.S. 307 (1979), in concluding otherwise.

 

Diesel Props. S.r.l. v. Greystone Bus. Cred. II LLC, No. 09-3899

Breach of Contract Action

In Diesel Props. S.r.l. v. Greystone Bus. Cred. II LLC, No. 09-3899, an action for breach of contract, unjust enrichment, and account stated, the court affirmed in part the dismissal of plaintiff's claims and partial judgment for defendant where plaintiff failed to prove the causation element of its claim against defendant for breach of the agreement's notice provisions.  However, the court reversed in part where plaintiff had a contractual right to receive the order book at issue at the relevant time, and that right was superior to defendant's security interest.

 

US v. Brown, No. 09-4991

Felon In Possession Sentence Affirmed

In US v. Brown, No. 09-4991, the court affirmed defendant's sentence for being a felon in possession of a firearm where 1) two of defendant's prior offenses were "committed on occasions different from one another" and therefore were properly counted as two separate Armed Career Criminal Act-qualifying convictions; and 2) it was appropriate for the district court to look to defendant's record of conviction -- including the plea transcript -- to determine that defendant was convicted of assaulting employees of the department of correction.

US v. Bengis, No. 07-4895

Appeal from Restitution Orders

In US v. Bengis, No. 07-4895, the government's appeal from two orders denying its applications for a restitution award in favor of the Republic of South Africa, pursuant to, first, the Mandatory Victims Restitution Act (MVRA), and second, the Victim and Witness Protection Act (VWPA), the court vacated the orders where 1) had a property interest in rock lobsters unlawfully harvested from its waters by defendants; and 2) was a victim, as defined by the MVRA and VWPA, eligible to receive restitution.

Anemone v. Metro. Trans. Auth., No. 08-2646

Action Alleging Termination of Government Employee Based on Speech

In Anemone v. Metro. Trans. Auth., No. 08-2646, action alleging that defendants took a series of adverse employment actions against plaintiff in response to plaintiff's protected speech concerning corruption at the Metropolitan Transit Authority, the court affirmed summary judgment for defendants where 1) any reasonable jury would have to find that plaintiff would have been suspended and then terminated even absent any retaliatory intent on defendants' part engendered by his allegedly protected speech, such that defendants were entitled, under Mt. Healthy City School District Board of Education v. Doyle, 429 U.S. 274 (1977), to a defense to all plaintiff's First Amendment claims; and 2) the district court correctly rejected the procedural due process claims.