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  • Commentaries
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2d Circuit Case Commentaries

General Jurisdiction Over Religious Corporations: Second Circuit Sets New Precedent in In re Roman Catholic Diocese of Albany

General Jurisdiction Over Religious Corporations: Second Circuit Sets New Precedent in In re Roman Catholic Diocese of Albany

Date: Feb 8, 2014
General Jurisdiction Over Religious Corporations: Second Circuit Sets New Precedent in In re Roman Catholic Diocese of Albany Introduction In re Roman Catholic Diocese of Albany, New York, Inc. v....
Third-Party Standing Denied in Contract Enforcement: Hillside Metro Associates v. JPMorgan Chase Bank

Third-Party Standing Denied in Contract Enforcement: Hillside Metro Associates v. JPMorgan Chase Bank

Date: Feb 5, 2014
Third-Party Standing Denied in Contract Enforcement: Hillside Metro Associates v. JPMorgan Chase Bank Introduction The case of Hillside Metro Associates, LLC v. JPMorgan Chase Bank, N.A. revolves...
Accrual of Duty of Fair Representation Claims and Non-Tolling of State Court Proceedings: Kalyanaram v. AAUP at NYIT

Accrual of Duty of Fair Representation Claims and Non-Tolling of State Court Proceedings: Kalyanaram v. AAUP at NYIT

Date: Feb 4, 2014
Accrual of Duty of Fair Representation Claims and Non-Tolling of State Court Proceedings: Kalyanaram v. American Association of University Professors at NYIT Introduction Gurumurthy Kalyanaram...
Federal Common Law Extends Insider Trading Liability to Unregistered Securities: Steginsky v. XCELERA Inc.

Federal Common Law Extends Insider Trading Liability to Unregistered Securities: Steginsky v. XCELERA Inc.

Date: Jan 28, 2014
Federal Common Law Extends Insider Trading Liability to Unregistered Securities: Steginsky v. XCELERA Inc. Introduction Steginsky v. XCELERA Inc., 741 F.3d 365 (2d Cir. 2014), is a significant...
Substantive Reasonableness in Sentencing: Affirmation of Downward Variance in Terrorism-Related Material Support Case

Substantive Reasonableness in Sentencing: Affirmation of Downward Variance in Terrorism-Related Material Support Case

Date: Jan 24, 2014
Substantive Reasonableness in Sentencing: Affirmation of Downward Variance in Terrorism-Related Material Support Case Introduction The appellate case of UNITED STATES of America v. Pratheepan...
HECK v. HUMPHREY and Brady: Comprehensive Analysis of Poventud v. City of New York

HECK v. HUMPHREY and Brady: Comprehensive Analysis of Poventud v. City of New York

Date: Jan 17, 2014
HECK v. HUMPHREY and Brady: Comprehensive Analysis of Poventud v. City of New York Introduction In the case of Marcos Poventud v. City of New York, the United States Court of Appeals for the Second...
Expanding Joint Employer Liability and Identity-of-Interest in Title VII Claims: Daniel v. T & M Protection Resources, Inc. and Edward J. Minskoff Equities

Expanding Joint Employer Liability and Identity-of-Interest in Title VII Claims: Daniel v. T & M Protection Resources, Inc. and Edward J. Minskoff Equities

Date: Jan 17, 2014
Expanding Joint Employer Liability and Identity-of-Interest in Title VII Claims: Daniel v. T & M Protection Resources, Inc. and Edward J. Minskoff Equities Introduction The case of Otis A. Daniel v....
Interplay Between Choice-of-Law and Forum Selection Clauses: Enforceability Under Federal Law – Martinez v. Bloomberg LP

Interplay Between Choice-of-Law and Forum Selection Clauses: Enforceability Under Federal Law – Martinez v. Bloomberg LP

Date: Jan 15, 2014
Interplay Between Choice-of-Law and Forum Selection Clauses: Enforceability Under Federal Law – Martinez v. Bloomberg LP Introduction The case of Brian Anthony Martinez v. Bloomberg LP addresses...
Establishing the Authority of Bankruptcy Courts over Derivative Claims: Insights from IN RE MADOFF Investment Securities LLC

Establishing the Authority of Bankruptcy Courts over Derivative Claims: Insights from IN RE MADOFF Investment Securities LLC

Date: Jan 14, 2014
Establishing the Authority of Bankruptcy Courts over Derivative Claims: Insights from IN RE MADOFF Investment Securities LLC Introduction The case In re Bernard L. Madoff Investment Securities LLC,...
Enhanced Standards for Eighth Amendment Claims and John Doe Amendments: Hogan v. Fischer Commentary

Enhanced Standards for Eighth Amendment Claims and John Doe Amendments: Hogan v. Fischer Commentary

Date: Dec 21, 2013
Enhanced Standards for Eighth Amendment Claims and John Doe Amendments: Hogan v. Fischer Commentary Introduction In Hogan v. Fischer, 738 F.3d 509 (2d Cir. 2013), the United States Court of Appeals...
Rigorous Evidentiary Standards for Pro-Democracy Asylum Claims: Insights from Y.C. and X.W. v. Holder

Rigorous Evidentiary Standards for Pro-Democracy Asylum Claims: Insights from Y.C. and X.W. v. Holder

Date: Dec 19, 2013
Rigorous Evidentiary Standards for Pro-Democracy Asylum Claims: Insights from Y.C. and X.W. v. Holder Introduction The cases of Y.C. and X.W. against Eric H. Holder, Jr., the United States Attorney...
Affirmation of Social Security Disability Denial Based on Residual Functional Capacity

Affirmation of Social Security Disability Denial Based on Residual Functional Capacity

Date: Dec 18, 2013
Affirmation of Social Security Disability Denial Based on Residual Functional Capacity Introduction The case of Sean Lewis v. Carolyn W. Colvin adjudicated by the United States Court of Appeals for...
Establishing Genuine Disputes in Retaliation Claims under Title VII: Second Circuit in Kwan v. Andalex Group

Establishing Genuine Disputes in Retaliation Claims under Title VII: Second Circuit in Kwan v. Andalex Group

Date: Dec 17, 2013
Establishing Genuine Disputes in Retaliation Claims under Title VII: Second Circuit in Kwan v. Andalex Group Introduction Kwan v. The Andalex Group LLC, 737 F.3d 834 (2d Cir. 2013), is a pivotal case...
Good-Faith Exception Applied to Warrantless GPS Tracking in United States v. Aguiar et al.

Good-Faith Exception Applied to Warrantless GPS Tracking in United States v. Aguiar et al.

Date: Dec 14, 2013
Good-Faith Exception Applied to Warrantless GPS Tracking in United States v. Aguiar et al. Introduction The case of United States of America v. Stephen Aguiar, William Murray, and Corey Whitcomb (737...
Second Circuit Establishes 11 U.S.C. §109(a) Applicability in Chapter 15 Proceedings

Second Circuit Establishes 11 U.S.C. §109(a) Applicability in Chapter 15 Proceedings

Date: Dec 12, 2013
Second Circuit Establishes 11 U.S.C. §109(a) Applicability in Chapter 15 Proceedings Introduction The case of Drawbridge Special Opportunities Fund LP v. Katherine Elizabeth Barnet addresses a...
De Facto Rescheduling of Marijuana: Analysis of United States v. Eric Canori

De Facto Rescheduling of Marijuana: Analysis of United States v. Eric Canori

Date: Dec 5, 2013
De Facto Rescheduling of Marijuana: Analysis of United States v. Eric Canori Introduction In United States v. Eric Canori, 737 F.3d 181 (2d Cir. 2013), the United States Court of Appeals for the...
Foreseeability and Causation in High-Impact Tort Cases: Second Circuit's Decision on 7 World Trade Co. Collapse

Foreseeability and Causation in High-Impact Tort Cases: Second Circuit's Decision on 7 World Trade Co. Collapse

Date: Dec 5, 2013
Foreseeability and Causation in High-Impact Tort Cases: Second Circuit's Decision on 7 World Trade Co. Collapse Introduction The case of AEGIS INSURANCE SERVICES, INC. et al. v. 7 WORLD TRADE...
SEC v. Razmilovic: Establishing Rigorous Standards for Sanctions and Disgorgement in Securities Fraud

SEC v. Razmilovic: Establishing Rigorous Standards for Sanctions and Disgorgement in Securities Fraud

Date: Nov 27, 2013
SEC v. Razmilovic: Establishing Rigorous Standards for Sanctions and Disgorgement in Securities Fraud Introduction In SEC v. Tomo Razmilovic et al., the United States Court of Appeals for the Second...
United States v. Christie: Mandating Reasoned Orders for Sentence Reduction Denials under §3582(c)(2)

United States v. Christie: Mandating Reasoned Orders for Sentence Reduction Denials under §3582(c)(2)

Date: Nov 16, 2013
United States v. Christie: Mandating Reasoned Orders for Sentence Reduction Denials under §3582(c)(2) Introduction United States of America v. Neron Christie is a pivotal case adjudicated by the...
Defining 'Unfinished Business' for Hourly Fee Matters in Dissolved Law Firms: Insights from In re THELEN LLP

Defining 'Unfinished Business' for Hourly Fee Matters in Dissolved Law Firms: Insights from In re THELEN LLP

Date: Nov 16, 2013
Defining 'Unfinished Business' for Hourly Fee Matters in Dissolved Law Firms: Insights from In re THELEN LLP Introduction The legal landscape governing the dissolution of law firms and the treatment...
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