ADMIRALTY, CONSTITUTIONAL LAW, GOVERNMENT LAW, INSURANCE LAW

• N. Ins. Co. of New York

CRIMINAL LAW & PROCEDURE, HABEAS CORPUS

• Day v. McDonough

ADMIRALTY, CONSTITUTIONAL LAW, GOVERNMENT LAW, INSURANCE LAW

N. Ins. Co. of New York, No. 04–1618 (U.S.S.C. April 25, 2006)

An entity that does not qualify as an "arm of the State" for Eleventh Amendment purposes cannot assert sovereign immunity as a defense to an admiralty suit.

http://laws.lp.findlaw.com/us/000/041618.html

CRIMINAL LAW & PROCEDURE, HABEAS CORPUS

Day v. McDonough, No. 04–1324 (U.S.S.C. April 25, 2006)

Dismissal of a habeas petition as untimely under the Antiterrorism and Effective Death Penalty Act's (AEDPA) one-year limitation is affirmed where, under the circumstances at hand a district court had discretion to correct the state's erroneous computation sua sponte when it confronted no intelligent waiver on the state's part and only an evident miscalculation of time.

http://laws.lp.findlaw.com/us/000/041324.html