 | Daily Opinion Summaries
U.S. 2nd Circuit Court of Appeals |  | | February 01, 2012 FindLaw.com Daily Opinion Summaries Newsletter |
Table of Contents LATEST SUMMARIES Criminal Law & Procedure, International Law, White Collar Crime
• US v. Lyttle
Antitrust & Trade Regulation, Class Actions, Commercial Law, Dispute Resolution & Arbitration
• In re American Express Merchants' Litigation
Civil Procedure, Class Actions, ERISA, Media Law
• Muto v. CBS Corp.
Get free FindLaw Case Law Feeds - Auto Notifications From 80+ Courts! FindLaw's case summaries are copyrighted material and are not intended for republication without prior approval. You may, however, freely redistribute this e-mail in its entirety. To view the full-text of cases you must sign in to FindLaw.com.
LATEST SUMMARIES Criminal Law & Procedure, International Law, White Collar Crime
US v. Lyttle, No. 09-5195
In a prosecution for numerous offenses relating to the defendant's involvement in a fraudulent high-yield investment program, before which the district court had granted a government application to suspend the statute of limitations pursuant to 18 USC section 3292 while the government sought the assistance of the Hungarian government in recovering records relating to transfers of the scheme’s proceeds into Hungarian bank accounts, the district court's denial of a motion to dismiss the indictment on statute of limitations grounds is affirmed, where: 1) the evidence was sufficient to support the district court’s order; 2) section 3292 does not require that the foreign evidence sought be necessary for an indictment, nor that it be obtainable only through an official request to a foreign government; and 3) district courts may rely on ex parte proceedings when deciding to issue section 3292 orders. Read more...
Related Resources
Ponzi Schemes Continue to Thrive: 10 Signs That an Investment May Be Too Good to Be True
Antitrust & Trade Regulation, Class Actions, Commercial Law, Dispute Resolution & Arbitration
In re American Express Merchants' Litigation, No. 06-1871
In a class action asserting Sherman Act claims, brought against a charge card issuer whose card acceptance agreement purported to preclude a merchant from bringing a class action lawsuit, the district court's grant of the defendant's motion to compel arbitration and dismissal of the case is reversed, where the cost of plaintiffs' individually arbitrating their dispute with the defendant would be prohibitive, effectively depriving them of the statutory protections of the antitrust laws, and thus the class action waiver in the arbitration provision was unenforceable. Read more...
Related Resources
New Antitrust Risks for Private Equity Firms?
Civil Procedure, Class Actions, ERISA, Media Law
Muto v. CBS Corp., No. 10-3038
In a putative class action complaint brought in New York by Pennsylvania residents against the plaintiffs' former employer and the employer's pension plan for benefits alleged to be due under ERISA, the district court's dismissal of the complaint as time-barred is affirmed, where: 1) the district court was correct in applying New York's borrowing statute directing it to look to Pennsylvania law for the applicable statute of limitations; and 2) plaintiffs' claims were untimely under Pennsylvania law. Read more...
Related Resources
Optimize Your Law Practice Today
 Feedback
We value your comments! Please take a moment to tell us what you think by sending us an e-mail. | Subscription Information
Click here to subscribe to a FindLaw Newsletter. To unsubscribe, click here. | Advertising Information
For more information about advertising in FindLaw Newsletters, click here. | | 800 W. California Ave., Sunnyvale, CA 94086 |
| | |
You are currently subscribed to 2nd-caselaw as: 4bloggermail@gmail.com .
To manage your newsletter accounts go to: http://newsletters.findlaw.com/sub/review-account.jsp
