Opinion Summaries: Second Circuit U.S. Court of Appeals April 25, 2008
From: Findlaw Opinion Summaries April 25, 2008.
ADMINISTRATIVE LAW, GOVERNMENT LAW, HEALTH LAW, REMEDIES
County of Nassau v. Leavitt, No. 07-0825
"Denial of a preliminary injunction for defendants' alleged violation of the Ryan White Comprehensive AIDS Resources Emergency Act, arising from a reduction in federal funding to plaintiffs, is reversed and remanded where: 1) plaintiff had shown a sufficient likelihood of success on the merits; and 2) a finding of irreparable harm was not a dispositive issue. Read more..."
ANTITRUST & TRADE REGULATION, BANKING LAW, COMMERCIAL LAW, CONSUMER PROTECTION LAW, CONTRACTS, DISPUTE RESOLUTION & ARBITRATION
Ross v. Bank of America, N.A., No. 06-4755
"In an appeal involving whether mandatory arbitration clauses found in credit card contracts issued by defendants, assuming they were products of illegal collusion among credit providers, give rise to Article III standing, dismissal of plaintiffs-cardholders' antitrust suit is vacated and remanded where: 1) the district court erroneously held that plaintiff-cardholders failed to allege an "injury in fact" sufficient to confer Article III standing; and 2) plaintiffs' claims were ripe for adjudication."
CRIMINAL LAW & PROCEDURE, SENTENCING
US v. Williams , No. 05-4416, 05-6778
"Sentence for conspiracy to possess with intent to distribute crack cocaine is vacated and remanded where the district judge committed procedural error by relying improperly on the plea policy of a county district attorney, whereas the judge should have resorted to the Sentencing Guidelines as the starting point for determining an appropriate sentence."
