2d Circuit Case Commentaries

Heckman v. Town of Hempstead: Dismissal of ADA Claims and Remand of Procedural Due Process Issues

Date: Jun 4, 2014

Heckman v. Town of Hempstead: Dismissal of ADA Claims and Remand of Procedural Due Process Issues Introduction In the case of Henry Heckman v. The Town of Hempstead, the United States Court of...

Affirmation of Rule 68 Cost-Shifting in Excessive Force Under § 1983: The Stanczyk v. City of New York Decision

Date: Jun 4, 2014

Affirmation of Rule 68 Cost-Shifting in Excessive Force Under § 1983: The Stanczyk v. City of New York Decision Introduction The case of Anna Stanczyk v. City of New York presents significant...

Fair Use Precedent Affirmed in SWATCH GROUP Management Services Ltd. v. Bloomberg L.P.

Date: May 31, 2014

Fair Use Precedent Affirmed in SWATCH GROUP Management Services Ltd. v. Bloomberg L.P. Introduction The case of The SWATCH GROUP MANAGEMENT SERVICES LTD. v. BLOOMBERG L.P. addresses the boundaries of...

Second Circuit Reinforces Fair Trial Standards: Vacating CES Convictions Due to Prosecutorial Misconduct and Evidentiary Errors

Date: May 29, 2014

Second Circuit Reinforces Fair Trial Standards: Vacating CES Convictions Due to Prosecutorial Misconduct and Evidentiary Errors Introduction In the case of United States of America v. Certified...

Affirmation of Summary Judgment in Retaliation Claims: Rodas v. Town of Farmington

Date: May 21, 2014

Affirmation of Summary Judgment in Retaliation Claims: Rodas v. Town of Farmington Introduction In Rodas v. Town of Farmington, the plaintiff, Stephen Rodas, appealed a summary judgment decision...

Federal Admiralty Jurisdiction Does Not Extend to Non-Disruptive Dock Altercations

Date: May 20, 2014

Federal Admiralty Jurisdiction Does Not Extend to Non-Disruptive Dock Altercations Introduction The case of Sapna Tandon and Robert Doohan, III v. Captain's Cove Marina of Bridgeport, Inc. addresses...

Affirmation of Dismissal in McGugan v. Aldana–Bernier: Clarifying State Action and Discrimination Under §1983 and §504

Date: May 17, 2014

Affirmation of Dismissal in McGugan v. Aldana–Bernier: Clarifying State Action and Discrimination Under §1983 and §504 Introduction In the case of Kraton McGugan v. Linda L. Aldana–Bernier, M.D.,...

Sherman v. Town of Chester: Establishing Ripeness in Regulatory Takings Claims

Date: May 17, 2014

Sherman v. Town of Chester: Establishing Ripeness in Regulatory Takings Claims Introduction In Sherman v. Town of Chester, 752 F.3d 554 (2d Cir. 2014), the United States Court of Appeals for the...

Affirmation of Remedial Measures for Accessible Polling Sites under ADA and Section 504: Comprehensive Analysis of Disabled in Action v. Board of Elections

Date: May 15, 2014

Affirmation of Remedial Measures for Accessible Polling Sites under ADA and Section 504: Comprehensive Analysis of Disabled in Action v. Board of Elections Introduction The case of Disabled in Action...

Mount Vernon Neighborhood Health Center v. Veneruso: Clarifying Removal Under 28 U.S.C. § 1442

Date: May 7, 2014

Mount Vernon Neighborhood Health Center v. Veneruso: Clarifying Removal Under 28 U.S.C. § 1442 Introduction In the case of James J. Veneruso, as Temporary Receiver for Community Choice Health Plan of...

Morrison v. National Australia Bank Reinforces Extraterritorial Limits of U.S. Securities Law in Second Circuit Affirms Dismissal of UBS Fraud Claims

Date: May 7, 2014

Morrison v. National Australia Bank Reinforces Extraterritorial Limits of U.S. Securities Law Introduction In the landmark case of Movants–Appellants v. Defendants–Appellees, the United States Court...

Affirmation of Qualified Immunity in False Arrest Claims: Betts v. Shearman

Date: May 3, 2014

Affirmation of Qualified Immunity in False Arrest Claims: Betts v. Shearman Introduction The case of John Betts v. Martha Anne Shearman, City of New York, Police Officers Pablo Rodriguez and Jane...

Second Circuit Upholds Strict Contractual Definitions in E-Book Royalty Disputes

Date: May 2, 2014

Second Circuit Upholds Strict Contractual Definitions in E-Book Royalty Disputes Introduction In the landmark case of Barbara Keiler, Mona Gay Thomas, and Linda Barrett v. Harlequin Enterprises...

Second Circuit Endorses Importance of Loss Causation in Securities Fraud: Carpenters Pension Trust Fund v. Barclays PLC

Date: Apr 26, 2014

Second Circuit Endorses Importance of Loss Causation in Securities Fraud: Carpenters Pension Trust Fund v. Barclays PLC Introduction In the landmark case of Carpenters Pension Trust Fund of St....

Limitations on General Jurisdiction Post-Daimler: Insights from SONERA HOLDING B.V. v. ÇUKUROVA HOLDING A.S.

Date: Apr 26, 2014

Limitations on General Jurisdiction Post-Daimler: Insights from SONERA HOLDING B.V. v. ÇUKUROVA HOLDING A.S. Introduction The case of SONERA HOLDING B.V. v. ÇUKUROVA HOLDING A.S. (750 F.3d 221)...

MERS Removal Timing in CAFA Cases: A New Precedent

Date: Apr 18, 2014

MERS Removal Timing in CAFA Cases: A New Precedent Introduction The case of Brian Cutrone and Jessica Cervone v. MERS (749 F.3d 137) marks a significant development in the interpretation of the Class...

Affirmation of Dismissal for Aiding and Abetting Fraud Claims: Reinforcing the Requirement of Actual Knowledge under New York Law

Date: Apr 12, 2014

Affirmation of Dismissal for Aiding and Abetting Fraud Claims: Reinforcing the Requirement of Actual Knowledge under New York Law Introduction In the case of Krys v. Pigott et al., the United States...

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