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Archival Collection of Judge Roger J. Miner: 1981-2012

Selected Notable Opinions by Judge Miner

  • Washburn v. Abrams, No. 83 Civ. 1711 (N.D.N.Y. Jan. 20, 1984) (denying plaintiff anti-abortion advocate's request to be appointed legal guardian of infant born with multiple, serious congenital birth defects based on state court's previous finding that infant's parents were competent natural guardians, and imposing $500 sanction on plaintiff pursuant to Fed. R. Civ. P. 11).

  • Allanson v. Clinton Cent. Sch. Dist., No. 84 Civ. 174 (N.D.N.Y. May 10, 1984) (parents did not have to belong to an organized religion to oppose on religious grounds school system's mandatory immunization requirement for their children).

  • DeCintio v. Westchester County Med. Ctr., 807 F.2d 304 (2d Cir. 1986) ("voluntary, romantic relationships cannot form the basis of a sex discrimination suit under Title VII or the Equal Pay Act"), cert. denied, 484 U.S. 825 (1987).

  • In re "Agent Orange" Prod. Liab. Litig., 818 F.2d 216 (2d Cir. 1987) (reversing district court's approval of a fee-sharing agreement entered into by the Plaintiffs' Management Committee (PMC) that would provide a threefold return on investment to PMC members who advanced funds for litigation), cert. denied, 484 U.S. 926 (1987).

  • United States v. Starrett City Assocs., 840 F.2d 1096 (2d Cir.) (use of "rigid racial quotas of indefinite duration to maintain a fixed level of integration at [plaintiff's housing complex] by restricting minority access to scarce and desirable rental accommodations otherwise available to them" prohibited by Title VIII), cert. denied, 488 U.S. 946 (1988).

  • New Era Publ'ns Int'l v. Henry Holt & Co., 873 F.2d 576 (2d Cir. 1989) (holding in copyright infringement action against publisher of L. Ron Hubbard biography that extensive use of Hubbard's published and unpublished writings did not constitute fair use and that, although damages were warranted, injunctive relief was barred by laches), cert. denied, 493 U.S. 1094 (1990).

  • Collins v. Promark Prods. Inc., 956 F.2d 383 (2d Cir. 1992) (New York law applied in a personal injury action where the place of the accident, a previously submerged portion of Ellis Island west of the boundary between New York and New Jersey, was found to be "a part of New York").

  • Loper v. New York City Police Dep't, 999 F.2d 699 (2d Cir. 1993) (affirming district court's holding that New York statute criminalizing loitering, remaining, or wandering "about in a public place for the purpose of begging" violated the First Amendment).

  • Bourne v. Walt Disney Co., 68 F.3d 621 (2d Cir. 1995) (finding that the instrument conveying Disney's copyrights in compositions, but providing Disney with a license to use the compositions in "motion pictures" made by Disney, was broad enough to cover videocassettes, and rejecting plaintiff's contention that "Disney's sale of videocassettes constituted infringement of plaintiff's exclusive right to vend"), cert. denied, 517 U.S. 1240 (1996).

  • Brown & Williamson Tobacco Corp. v. Pataki, 320 F.3d 200 (2d Cir. 2003) (holding New York statute prohibiting "cigarette sellers and common and contract carriers from shipping and transporting cigarettes directly to New York consumers" did not violate the commerce clause).

  • Viet. Assoc. for Victims of Agent Orange v. Dow Chem. Co., 517 F.3d 104 (2d Cir. 2008) (holding that district court lacked jurisdiction under the Alien Tort Statute to consider the claims of a Vietnam nonprofit group and Vietnam nationals for injuries allegedly sustained from exposure to herbicides during the Vietnam War, that state law claims were barred by the government contractor defense and the district court did not abuse its discretion when it denied extraterritorial injunctive relief), cert. denied, 555 U.S. 1218 (2009).

  • City of New York v. Beretta U.S.A. Corp., 524 F.3d 384 (2d Cir. 2008) (upholding constitutionality of the Protection of Lawful Commerce in Arms Act (which prohibited certain actions against firearms manufacturers and sellers arising from criminal or unlawful misuse of a firearm) and directing dismissal of complaint "seeking injunctive relief and abatement of alleged public nuisance" as barred by act), cert. denied, 129 S. Ct. 1579 (2009).