2d Circuit Case Commentaries

Affirmation of Dismissal in Teichmann v. State of New York: Implications for §1983 Claims and Absolute Immunity

Date: Oct 21, 2014

Affirmation of Dismissal in Teichmann v. State of New York: Implications for §1983 Claims and Absolute Immunity Introduction The case of Boris Teichmann v. State of New York (769 F.3d 821) heard by...

Second Circuit Clarifies the Implied Covenant of Good Faith and Fair Dealing in Contractual Discretion Cases

Date: Oct 18, 2014

Second Circuit Clarifies the Implied Covenant of Good Faith and Fair Dealing in Contractual Discretion Cases Introduction In the appellate decision of Security Plans, Inc. v. CUNA Mutual Insurance...

Qualified Immunity in Section 1983 Hostile Work Environment Claims: Insights from Rasparado v. Carbone et al.

Date: Oct 7, 2014

Qualified Immunity in Section 1983 Hostile Work Environment Claims: Insights from Rasparado v. Carbone et al. Introduction In the landmark case of Jennifer Raspardo, Needasabrina Russell, Gina...

Qualified Immunity in §1983 Sexual Harassment Litigation: Second Circuit Decision

Date: Oct 7, 2014

Qualified Immunity in §1983 Sexual Harassment Litigation: Second Circuit Decision Introduction In the landmark case of Jennifer Rasparado, Needasabrina Russell, Gina Spring, Plaintiffs–Appellees v....

Strengthening Evidence Authentication Standards: Insights from United States v. Zhyltsou

Date: Oct 4, 2014

Strengthening Evidence Authentication Standards: Insights from United States v. Zhyltsou Introduction The appellate decision in United States of America v. Semyon Vayner, aka Sam Vayner, aka Semen...

Second Circuit Upholds Common Law No-Prejudice Rule for Late Notice Claims in Non-New York Issued Insurance Policies

Date: Oct 3, 2014

Second Circuit Upholds Common Law No-Prejudice Rule for Late Notice Claims in Non-New York Issued Insurance Policies Introduction In the case of Indian Harbor Insurance Company v. The City of San...

Redefining 'Substantially Equal Work' in Equal Pay Act Claims: A Comprehensive Analysis of EEOC v. Port Authority of New York and New Jersey

Date: Sep 30, 2014

Redefining 'Substantially Equal Work' in Equal Pay Act Claims: A Comprehensive Analysis of EEOC v. Port Authority of New York and New Jersey Introduction The Equal Employment Opportunity Commission...

Enhancing Protections Against Dismissal for Failure to Prosecute: Insights from Baptiste v. Sommers

Date: Sep 25, 2014

Enhancing Protections Against Dismissal for Failure to Prosecute: Insights from Baptiste v. Sommers Introduction The case of Harry R. Baptiste v. Dr. Diane Sommers, adjudicated by the United States...

Second Circuit Clarifies Proper Application of Federal Rule 41(b) in Failure to Prosecute Dismissals

Date: Sep 25, 2014

Second Circuit Clarifies Proper Application of Federal Rule 41(b) in Failure to Prosecute Dismissals Introduction In the case of Harry R. Baptiste v. Dr. Diane Sommers, the United States Court of...

Limits on General Jurisdiction Over Foreign Nonparties in Trademark Infringement: Insights from Gucci v. Bank of China

Date: Sep 18, 2014

Limits on General Jurisdiction Over Foreign Nonparties in Trademark Infringement: Insights from Gucci v. Bank of China Introduction In the landmark case of Gucci America, Inc. et al. v. Bank of China...

Temporary Restraining Orders and Prevailing Party Status under the Equal Access to Justice Act: Analysis of Mastrio v. Sebelius

Date: Sep 18, 2014

Temporary Restraining Orders and Prevailing Party Status under the Equal Access to Justice Act: Analysis of Mastrio v. Sebelius Introduction In the case of Eileen Mastrio, Administrator for Eileen...

Second Circuit Clarifies Summary Judgment Standards in Employment Discrimination Cases: Jackson v. FedEx

Date: Sep 10, 2014

Second Circuit Clarifies Summary Judgment Standards in Employment Discrimination Cases: Jackson v. FedEx Introduction Monique Jackson, an African-American woman, served as a senior service agent at...

Affirmation of Summary Judgment in Age Discrimination and Breach of Contract Claims: Delaney v. Bank of America

Date: Sep 6, 2014

Affirmation of Summary Judgment in Age Discrimination and Breach of Contract Claims: Delaney v. Bank of America Introduction The case of John Delaney v. Bank of America Corporation, adjudicated by...

Safelite Group Inc. v. Jepsen: Second Circuit Applies Intermediate Scrutiny to Commercial Speech Regulation in PA 13-67

Date: Sep 5, 2014

Safelite Group Inc. v. Jepsen: Second Circuit Applies Intermediate Scrutiny to Commercial Speech Regulation in PA 13-67 Introduction In Safelite Group, Inc., Safelite Solutions LLC v. George Jepsen,...

Affirmation of Disability Benefit Denial: Woodmancy v. Colvin

Date: Sep 3, 2014

Affirmation of Disability Benefit Denial: Woodmancy v. Colvin Introduction In the case of Woodmancy v. Colvin, the United States Court of Appeals for the Second Circuit affirmed the decision of the...

Carey v. Marion S. Mishkin Law Office: Reinforcing Standards for Attorney Fee Documentation in Federal Complex Litigation

Date: Aug 27, 2014

Carey v. Marion S. Mishkin Law Office: Reinforcing Standards for Attorney Fee Documentation in Federal Complex Litigation Introduction In Carey v. Marion S. Mishkin Law Office, the United States...

Abrams v. Department of Public Safety: Refining the 'Fit In' Standard under Title VII

Date: Aug 27, 2014

Abrams v. Department of Public Safety: Refining the 'Fit In' Standard under Title VII Introduction In Frederick M. Abrams v. Department of Public Safety, the United States Court of Appeals for the...

FOIA and the Disclosure of Legal Justifications for Targeted Killings: Second Circuit Sets New Standards in New York Times Co. v. U.S.

Date: Aug 26, 2014

FOIA and the Disclosure of Legal Justifications for Targeted Killings: Second Circuit Sets New Standards in New York Times Co. v. U.S. Introduction In the landmark case The NEW YORK TIMES COMPANY,...

Enhancing Residual Functional Capacity Evaluations: Insights from Cosnyka v. Colvin

Date: Aug 22, 2014

Enhancing Residual Functional Capacity Evaluations: Insights from Cosnyka v. Colvin Introduction Steven R. Cosnyka v. Carolyn W. Colvin is a pivotal case adjudicated by the United States Court of...

Superseding Forum Selection Clauses Over FINRA Arbitration: Insights from Goldman Sachs & Co. v. Golden Empire Schools Financing Authority and Citigroup Global Markets Inc. v. North Carolina Eastern Municipal Power Agency

Date: Aug 22, 2014

Superseding Forum Selection Clauses Over FINRA Arbitration: Insights from Goldman Sachs & Co. v. Golden Empire Schools Financing Authority and Citigroup Global Markets Inc. v. North Carolina Eastern...

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