Friday, May 27, 2011

Daily Opinion Summaries for U.S. 2nd Circuit Court of Appeals - 05/26 and 5/27/2011

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Daily Opinion Summaries
U.S. 2nd Circuit Court of Appeals

May 26-27, 2011 FindLaw.com Daily Opinion Summaries Newsletter

Table of Contents

LATEST SUMMARIES

Immigration Law, Administrative Law, Civil Procedure, Criminal Law & Procedure
Freire v. Holder

Ethics & Professional Responsibility, Sanctions, Administrative Law, Civil Procedure, Ethics & Disciplinary Code
In re Attorney Disciplinary Appeal

Sentencing, Evidence, Criminal Law & Procedure
United States v. Figueroa

Civil Procedure, Commercial Law, Contracts, Corporation & Enterprise Law, Dispute Resolution & Arbitration
Accenture LLP v. Spreng

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LATEST SUMMARIES

Immigration Law, Administrative Law, Civil Procedure, Criminal Law & Procedure
Freire v. Holder, No. 09-0329
In a petition for review of a judgment of the BIA denying petitioner's request for a continuance while petitioner, a native and citizen of Brazil, sought adjustment of his status before the USCIS, petition is granted where denial of request on the basis that the BIA lacked the authority to grant the continuance constitutes legal error. Read more...

Ethics & Professional Responsibility, Sanctions, Administrative Law, Civil Procedure, Ethics & Disciplinary Code
In re Attorney Disciplinary Appeal, No. 10-90018
In an appeal arising from a decision by the court’s committee on grievances declining to take disciplinary action against appellant’s former attorney, appeal is dismissed because on the grounds that appellant lacks standing to challenge decision and mootness. Read more...





Sentencing, Evidence, Criminal Law & Procedure
United States v. Figueroa, No. 10-2050
Sentencing of defendant on multiple charges of possession with intent to distribute a mixture of 3, 4-Methylenedioxymethamphetamine (MDMA) is vacated where there is insufficient evidence in the record to conclude, pursuant to USSG section 2D1.1, that the appropriate substitute for the mixture contained in the pills found in defendants’ possession is MDMA. Read more...

Civil Procedure, Commercial Law, Contracts, Corporation & Enterprise Law, Dispute Resolution & Arbitration
Accenture LLP v. Spreng, No. 11-222
In a dispute involving the scope of the Federal Arbitration Act (Act), 9 U.S.C. 39 section 16(b)(4), and arising from an asset purchase agreement, appeal of the district court's order denying plaintiff's motion to enjoin arbitration is dismissed because Act precludes review of the order where the order was not a final decision with respect to an arbitration. Read more...

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