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Court of Appeals for the Second Circuit

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49 WB, LLC v. Village of Haverstraw, No. 12-787-cv (2013)

No. 12-787-cv 49 WB, LLC, v. Village of Haverstraw UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT SUMMARY ORDER RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND THIS COURT’S LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH THE...

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United States v. Okatan, No. 12-1563-cr (2013)

No. 12-1563-cr United States v. Okatan 1 2 UNITED STATES COURT OF APPEALS 3 FOR THE SECOND CIRCUIT 4 5 6 August Term, 2012 7 8 (Argued: March 4, 2013 Decided: August 26, 2013) 9 10 Docket No. 12-1563-cr 11 12 13 UNITED STATES OF AMERICA, 14 15 Appellee, 16 17 — v. — 18 19 TAYFUN OKATAN, 20 21 Defendant-Appellant. 22 23 24 B e f o r e: 25 26 LYNCH, LOHIER, and CARNEY, Circuit Judges. 27 28 _ 29 Tayfun Okatan was convicted in the United States District Court for the Northern 30 District of New...

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Halica v. Singer, No. 11-2391-cv (2013)

No. 11-2391-cv Halica v. Singer UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT SUMMARY ORDER RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND THIS COURT’S LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH THE NOTATION “SUMMARY...

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IN RE HERALD, 753 F.3d 110 (2013)
Court of Appeals for the Second Circuit Filed: Oct. 01, 2013 Citations: 753 F.3d 110, 12-156-cv (L), 12-162.

PER CURIAM: On September 16, 2013, this Court filed an opinion affirming the judgment of the United States District Court for the Southern District of New York (Richard M. Berman, Judge ), which dismissed the plaintiffs' state-law claims against defendants JPMorgan Chase & Co. and Bank of New York Mellon Corporation as precluded by the Securities Litigation Uniform Standards Act of 1998 ("SLUSA"), 15 U.S.C. 78bb(f). In re Herald, Primeo, and Thema, 730 F.3d 112 (2d Cir.2013) (holding...

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CARONIA v. PHILIP MORRIS USA, INC., 748 F.3d 454 (2013)
Court of Appeals for the Second Circuit Filed: Dec. 17, 2013 Citations: 748 F.3d 454, 11-0316-cv.

PER CURIAM. When plaintiffs, who are heavy smokers or former smokers of Marlboro cigarettes manufactured by defendant Philip Morris USA, Inc., but who lack symptoms of smoking-related disease, appealed from a judgment of the United States District Court for the Eastern District of New York dismissing their claims alleging negligence, strict products liability, and breach of implied warranty of merchantability, as well as their independent equitable claims seeking medical monitoring with...

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KRYS v. PIGOTT, 749 F.3d 117 (2013)
Court of Appeals for the Second Circuit Filed: Sep. 19, 2013 Citations: 749 F.3d 117, 12-3575(L), 12-3586(C).

KEARSE, Circuit Judge: The present appeal, brought by plaintiffs Kenneth M. Krys and Margot MacInnis as, inter alia, Joint Official Liquidators of the SPhinX Ltd. family of hedge funds ("SPhinX" or "SPhinX Funds"), et al., challenges a partial final judgment of the United States District Court for the Southern District of New York, Jed S. Rakoff, Judge, in favor of defendants William T. Pigott, Liberty Corner Capital Strategies LLC, Ingram Micro Inc., and CIM Ventures Inc., dismissing...

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GEORGITSI REALTY, LLC v. PENN-STAR INS. CO., 745 F.3d 617 (2013)
Court of Appeals for the Second Circuit Filed: Oct. 17, 2013 Citations: 745 F.3d 617, 11-4444-cv.

PER CURIAM: Plaintiff-Appellant Georgitsi Realty, LLC, ("Georgitsi") appeals from a judgment of the United States District Court for the Eastern District of New York (Irizarry, J. ) granting Defendant-Appellee's motion for summary judgment. Georgitsi Realty, LLC v. Penn-Star Ins. Co., No. 08-cv-4462 (DLI)(RML), 2011 WL 4889251, at *1 (E.D.N.Y. Sept. 30, 2011). We assume familiarity with the underlying facts and procedural history of this case, which are set forth in our prior opinion filed...

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U.S. v. BORUCH, 12-3784-cr. (2013)
Court of Appeals for the Second Circuit Filed: Dec. 31, 2013 Citations: 12-3784-cr.

SUMMARY ORDER RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND THIS COURT'S LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH THE NOTATION "SUMMARY ORDER"). A PARTY CITING A SUMMARY ORDER MUST SERVE A COPY OF IT ON ANY PARTY NOT...

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PREUSSER EX REL. E.P. v. TACONIC HILLS CENT. SCH. DIST., 13-288-cv (2013)
Court of Appeals for the Second Circuit Filed: Dec. 27, 2013 Citations: 13-288-cv

SUMMARY ORDER RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND THIS COURT'S LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH THE NOTATION "SUMMARY ORDER"). A PARTY CITING A SUMMARY ORDER MUST SERVE A COPY OF IT ON ANY PARTY NOT...

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JONES v. PEREZ, 13-2195-cv. (2013)
Court of Appeals for the Second Circuit Filed: Dec. 26, 2013 Citations: 13-2195-cv.

SUMMARY ORDER RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND THIS COURT'S LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH THE NOTATION "SUMMARY ORDER"). A PARTY CITING A SUMMARY ORDER MUST SERVE A COPY OF IT ON ANY PARTY NOT...

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MiniFRAME LTD. v. MICROSOFT CORP., 13-1607-cv. (2013)
Court of Appeals for the Second Circuit Filed: Dec. 23, 2013 Citations: 13-1607-cv.

SUMMARY ORDER Rulings by summary order do not have precedential effect. Citation to a summary order filed on or after January 1, 2007, is permitted and is governed by Federal Rule of Appellate Procedure 32.1 and this Court's Local Rule 32.1.1. When citing a summary order in a document filed with this Court, a party must cite either the Federal Appendix or an electronic database (with the notation "summary order"). A party citing a summary order must serve a copy of it on any party not...

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SUN MIN LIN v. HOLDER, 12-4854. (2013)
Court of Appeals for the Second Circuit Filed: Dec. 23, 2013 Citations: 12-4854.

SUMMARY ORDER RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND THIS COURT'S LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH THE NOTATION "SUMMARY ORDER"). A PARTY CITING A SUMMARY ORDER MUST SERVE A COPY OF IT ON ANY PARTY NOT...

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P.J. v. CT BOARD OF ED., 10-3586-cv. (2013)
Court of Appeals for the Second Circuit Filed: Dec. 23, 2013 Citations: 10-3586-cv.

SUMMARY ORDER RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND THIS COURT'S LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH THE NOTATION "SUMMARY ORDER"). A PARTY CITING TO A SUMMARY ORDER MUST SERVE A COPY OF IT ON ANY PARTY NOT...

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FROMMERT v. CONKRIGHT, 738 F.3d 522 (2013)
Court of Appeals for the Second Circuit Filed: Dec. 23, 2013 Citations: 738 F.3d 522, 12-67-cv.

POOLER, Circuit Judge. Plaintiffs-Appellants ("Plaintiffs"), who appeal from the December 14, 2011 order of the Western District of New York (David G. Larimer, J. ), have brought claims under the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. 1001 et seq., against the Xerox Corporation ("Xerox"), the Xerox Retirement Income Guarantee Plan ("the Xerox Plan" or "the Plan"), and individually named retirement plan administrators (collectively, the "Plan Administrator")....

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OSTERWEIL v. BARTLETT, 738 F.3d 520 (2013)
Court of Appeals for the Second Circuit Filed: Dec. 23, 2013 Citations: 738 F.3d 520, 11-2420-cv.

PER CURIAM: Appellant Alfred Osterweil applied for a handgun license in May 2008. Following the directions of New York Penal Law 400.00(3)(a), he applied for a license "in the city or county . . . where [he] resides." 1 His house in Schoharie County, New York, was then his primary residence and domicile, but while his application was pending, Osterweil moved his primary residence to Louisiana, keeping his home in Schoharie County as a part-time vacation residence. Osterweil's application...

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TABAK v. CANADIAN SOLAR INC., 13-1681-cv. (2013)
Court of Appeals for the Second Circuit Filed: Dec. 20, 2013 Citations: 13-1681-cv.

SUMMARY ORDER Rulings by summary order do not have precedential effect. Citation to a summary order filed on or after January 1, 2007, is permitted and is governed by Federal Rule of Appellate Procedure 32.1 and this court's Local Rule 32.1.1. When citing a summary order in a document filed with this court, a party must cite either the Federal Appendix or an electronic database (with the notation "summary order"). A party citing a summary order must serve a copy of it on any party not...

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U.S. v. GONZALEZ, 12-5075-cr. (2013)
Court of Appeals for the Second Circuit Filed: Dec. 20, 2013 Citations: 12-5075-cr.

SUMMARY ORDER RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND THIS COURT'S LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH THE NOTATION "SUMMARY ORDER"). A PARTY CITING A SUMMARY ORDER MUST SERVE A COPY OF IT ON ANY PARTY NOT...

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U.S. v. ANNETTE, 12-4740-cr. (2013)
Court of Appeals for the Second Circuit Filed: Dec. 20, 2013 Citations: 12-4740-cr.

SUMMARY ORDER RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND THIS COURT'S LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH THE NOTATION "SUMMARY ORDER"). A PARTY CITING A SUMMARY ORDER MUST SERVE A COPY OF IT ON ANY PARTY NOT...

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BYNOE v. TARGET CORPORATION, 12-4682-cv. (2013)
Court of Appeals for the Second Circuit Filed: Dec. 20, 2013 Citations: 12-4682-cv.

SUMMARY ORDER Rulings by summary order do not have precedential effect. Citation to a summary order filed on or after January 1, 2007, is permitted and is governed by Federal Rule of Appellate Procedure 32.1 and this court's Local Rule 32.1.1. When citing a summary order in a document filed with this court, a party must cite either the Federal Appendix or an electronic database (with the notation "summary order"). A party citing a summary order must serve a copy of it on any party not...

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U.S. v. DELAROSA, 12-4188-cr. (2013)
Court of Appeals for the Second Circuit Filed: Dec. 20, 2013 Citations: 12-4188-cr.

SUMMARY ORDER Rulings by summary order do not have precedential effect. Citation to a summary order filed on or after January 1, 2007, is permitted and is governed by Federal Rule of Appellate Procedure 32.1 and this Court's Local Rule 32.1.1. When citing a summary order in a document filed with this Court, a party must cite either the Federal Appendix or an electronic database (with the notation "summary order"). A party citing a summary order must serve a copy of it on any party not...

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