 | Daily Opinion Summaries
U.S. 2nd Circuit Court of Appeals |  | | March 15, 2011 FindLaw.com Daily Opinion Summaries Newsletter |
Table of Contents LATEST SUMMARIES Administrative Law, Civil Procedure, Property Law & Real Estate, Transportation
• NY Atlantic Railway v. Surface Transportation Bd.
Criminal Law & Procedure, Sentencing
• US v. Buissereth
Construction, Contracts, Property Law & Real Estate
• Bodansky v. Fifth on the Park Condo
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LATEST SUMMARIES Administrative Law, Civil Procedure, Property Law & Real Estate, Transportation
NY Atlantic Railway v. Surface Transportation Bd., No. 10-1490
Petition for review of the decision of the Surface Transportation Board (STB) that petitioner did not fall within the exclusive jurisdiction of the STB, and thus failed to qualify for federal preemption from local zoning regulations is denied because administrative decision was neither neither arbitrary nor capricious. Read more... Criminal Law & Procedure, Sentencing
US v. Buissereth, No. 09-5358
Conviction and sentencing of defendant, 21 U.S.C. sections 841(a)(1) and (b)(1)(B), is upheld notwithstanding errors by the district court during sentencing, because appeal is foreclosed by a valid and enforceable appeal waiver in a written plea agreement entered into by defendant. Read more...
Construction, Contracts, Property Law & Real Estate
Bodansky v. Fifth on the Park Condo, No. 10-0720 & 10-1147
In dispute involving the scope of the Interstate Land Sales Full Disclosure Act (ILSA), 15 U.S.C. sections 1701-20, order by district court dismissing complaint by plaintiffs is vacated because whether a lot is exempt under the 100-lot exemption is determined as of the time a purchaser or lessee signs a contract to purchase or lease that lot. Read more...
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