2d Circuit Case Commentaries

Establishing Article III Standing for Direct Tuition Payment under the IDEA: E.M. v. NYC Department of Education

Date: Jul 12, 2014

Establishing Article III Standing for Direct Tuition Payment under the IDEA: E.M. v. NYC Department of Education Introduction The case of E.M., as parent and natural guardian of N.M., an infant,...

Revesting of Bankruptcy Estate Assets and Standing to Sue: Crawford v. Franklin Credit Management Corp.

Date: Jul 12, 2014

Revesting of Bankruptcy Estate Assets and Standing to Sue: Crawford v. Franklin Credit Management Corp. Introduction Crawford v. Franklin Credit Management Corporation, Tribeca Lending Corporation,...

Substantial Burden on Religious Exercise: Darryl Holland v. Glenn Goord

Date: Jul 11, 2014

Substantial Burden on Religious Exercise: Darryl Holland v. Glenn Goord Introduction Darryl Holland v. Glenn Goord is a landmark case decided by the United States Court of Appeals for the Second...

Strict Adherence to Sentencing Factors Under 18 U.S.C. § 3553(a): Second Circuit Sets Precedent Against Cost-Based Sentence Reductions

Date: Jul 10, 2014

Strict Adherence to Sentencing Factors Under 18 U.S.C. § 3553(a): Second Circuit Sets Precedent Against Cost-Based Sentence Reductions Introduction In the landmark decision of United States of...

Asset Turnover for Terrorism Judgments: Peterson v. Islamic Republic of Iran

Date: Jul 10, 2014

Asset Turnover for Terrorism Judgments: Peterson v. Islamic Republic of Iran Introduction The case of Peterson et al. v. Islamic Republic of Iran (758 F.3d 185) adjudicated by the United States Court...

Residual Functional Capacity and Harmless Error in Disability Determinations: McIntyre v. Colvin

Date: Jul 8, 2014

Residual Functional Capacity and Harmless Error in Disability Determinations: McIntyre v. Colvin Introduction In the case of Wanda Gonzalez McINTYRE v. Carolyn W. Colvin, Acting Commissioner of...

Affirmation of Standing Requirements in Mortgage Assignment Challenges: Rajamin v. Deutsche Bank National Trust Co.

Date: Jul 1, 2014

Affirmation of Standing Requirements in Mortgage Assignment Challenges: Rajamin v. Deutsche Bank National Trust Co. Introduction In Rajamin v. Deutsche Bank National Trust Co. (757 F.3d 79, 2nd Cir....

Strict Compliance with Rule 50(a) for Post-Trial Relief: UPS v. ING Global

Date: Jul 1, 2014

Strict Compliance with Rule 50(a) for Post-Trial Relief: UPS v. ING Global Introduction The case ING Global v. United Parcel Service Oasis Supply Corporation, docket number 13–489–cv, adjudicated by...

Second Circuit Establishes Single Integrated Enterprise Standard for Employer Liability in Discrimination Claims: Brown v. Daikin America

Date: Jun 28, 2014

Second Circuit Establishes Single Integrated Enterprise Standard for Employer Liability in Discrimination Claims: Brown v. Daikin America Introduction The case of Todd Brown, Plaintiff–Appellant, v....

Second Circuit Upholds Statute of Limitations and Rejects Trust Fund Liability for CERCLA Cleanup Costs in Asarco LLC v. Ne

Date: Jun 26, 2014

Second Circuit Upholds Statute of Limitations and Rejects Trust Fund Liability for CERCLA Cleanup Costs in Asarco LLC v. Ne Introduction The case of Asarco LLC v. Ne, 756 F.3d 191 (2d Cir. 2014),...

Affirmation of Dismissal: Proper Compliance with QWR Requirements Under RESPA

Date: Jun 25, 2014

Affirmation of Dismissal: Proper Compliance with QWR Requirements Under RESPA Introduction In the case of Patricia Roth v. CitiMortgage Inc., adjudicated by the United States Court of Appeals for the...

Affirmation of District Court's Discretion on Post-Plea Right to Counsel: Kerr v. United States

Date: Jun 19, 2014

Affirmation of District Court's Discretion on Post-Plea Right to Counsel: Kerr v. United States Introduction The case of United States of America v. Desmond Kerr ([752 F.3d...

United States v. Ganias: Prohibition of Indefinite Retention of Non-responsive Computer Files Under the Fourth Amendment

Date: Jun 18, 2014

United States v. Ganias: Prohibition of Indefinite Retention of Non-responsive Computer Files Under the Fourth Amendment Introduction In the landmark case of United States v. Stavros M. Ganias,...

Affirmation of Retroactivity Standards in Immigration Statutes: Centurion v. Holder

Date: Jun 18, 2014

Affirmation of Retroactivity Standards in Immigration Statutes: Centurion v. Holder Introduction In the case of Charles William Centurion v. Eric H. Holder, Jr., argued before the United States Court...

HathiTrust Digital Library and the Scope of Fair Use: A Comprehensive Analysis of Authors Guild v. HathiTrust

Date: Jun 11, 2014

HathiTrust Digital Library and the Scope of Fair Use: A Comprehensive Analysis of Authors Guild v. HathiTrust Introduction The case of Authors Guild, Inc. et al. v. HathiTrust (755 F.3d 87)...

Extending Duty to Defend in Employee Benefits Liability: Euchner-USA, Inc. v. Hartford Casualty Insurance Co.

Date: Jun 11, 2014

Extending Duty to Defend in Employee Benefits Liability: Euchner-USA, Inc. v. Hartford Casualty Insurance Co. Introduction The case of Euchner-USA, Inc., Michael Ladd, Euchner-USA, Inc. 401-K Plan...

Second Circuit's Interpretation of Settlement Agreement Terms in WTC Disaster Litigation Sets New Precedent

Date: Jun 10, 2014

Second Circuit's Interpretation of Settlement Agreement Terms in WTC Disaster Litigation Sets New Precedent Introduction The aftermath of the September 11, 2001, attacks on the World Trade Center led...

Limits of Copyright Protection for Architectural Works: Zalewski v. Cicero Builder Dev.

Date: Jun 6, 2014

Limits of Copyright Protection for Architectural Works: Zalewski v. Cicero Builder Dev. Introduction In the case of James E. Zalewski, Draftics, Ltd., Plaintiffs–Appellants v. Cicero Builder Dev.,...

Jurisdictional Limits in Enforcing Settlement Agreements: StreetEasy Inc. v. Douglas Chertok

Date: Jun 6, 2014

Jurisdictional Limits in Enforcing Settlement Agreements: StreetEasy Inc. v. Douglas Chertok Introduction StreetEasy, Inc. v. Douglas Chertok is a significant case adjudicated by the United States...

Clarifying Extraterritorial Application of U.S. Antitrust Law: LOTES v. HON HAI Precision Industry

Date: Jun 5, 2014

Clarifying Extraterritorial Application of U.S. Antitrust Law: LOTES Co., Ltd. v. Hon Hai Precision Industry Co., Ltd. United States Court of Appeals, Second Circuit, 2014 Introduction The case of...

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