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  • Commentaries
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2d Circuit Case Commentaries

Reassignment of Stop-and-Frisk Cases Due to Impartiality Concerns

Reassignment of Stop-and-Frisk Cases Due to Impartiality Concerns

Date: Nov 14, 2013
Reassignment of Stop-and-Frisk Cases Due to Impartiality Concerns Introduction In the appellate decision In re REASSIGNMENT OF CASES Jaenean Ligon, et al. v. City of New York, et al. (736 F.3d 118,...
Application of FDCPA's False Name Exception to Creditors: Insights from Vincent v. The Money Store

Application of FDCPA's False Name Exception to Creditors: Insights from Vincent v. The Money Store

Date: Nov 14, 2013
Application of FDCPA's False Name Exception to Creditors: Insights from Vincent v. The Money Store Introduction The landmark case of Vincent v. The Money Store addressed pivotal questions regarding...
Second Circuit Establishes Direct Standing for Section 10(b) Claims in Auditor Misconduct Cases

Second Circuit Establishes Direct Standing for Section 10(b) Claims in Auditor Misconduct Cases

Date: Nov 9, 2013
Second Circuit Establishes Direct Standing for Section 10(b) Claims in Auditor Misconduct Cases Introduction The case of CILP Associates, L.P., et al. v. PricewaterhouseCoopers LLP addresses...
Anonymous 911 Calls Insufficient for Reasonable Suspicion: Insights from United States v. Freeman

Anonymous 911 Calls Insufficient for Reasonable Suspicion: Insights from United States v. Freeman

Date: Nov 8, 2013
Anonymous 911 Calls Insufficient for Reasonable Suspicion: Insights from United States v. Freeman Introduction The case of United States v. Joseph Freeman, adjudicated by the United States Court of...
Balancing National Security and the Sixth Amendment: The Ghailani Case

Balancing National Security and the Sixth Amendment: The Ghailani Case

Date: Oct 25, 2013
Balancing National Security and the Sixth Amendment: The Ghailani Case Introduction The case of United States of America v. Ahmed Khalfan Ghailani presents a critical intersection between national...
Expansion of First Amendment Protections for Independent Expenditure Committees: NYPPP v. Walsh

Expansion of First Amendment Protections for Independent Expenditure Committees: NYPPP v. Walsh

Date: Oct 25, 2013
Expansion of First Amendment Protections for Independent Expenditure Committees: NYPPP v. Walsh Introduction New York Progress and Protection PAC (NYPPP), an independent political committee formed to...
Establishing Standing in First Amendment Retaliation Claims: Insights from Dorsett v. Nassau County

Establishing Standing in First Amendment Retaliation Claims: Insights from Dorsett v. Nassau County

Date: Oct 19, 2013
Establishing Standing in First Amendment Retaliation Claims: Insights from Dorsett v. Nassau County Introduction In the landmark case of Dorsett v. Nassau County, the United States Court of Appeals...
Establishing Personal Jurisdiction over Foreign Banks through New York Correspondent Accounts: Analysis of Yaakov v. LICCI

Establishing Personal Jurisdiction over Foreign Banks through New York Correspondent Accounts: Analysis of Yaakov v. LICCI

Date: Oct 19, 2013
Establishing Personal Jurisdiction over Foreign Banks through New York Correspondent Accounts: Analysis of Yaakov v. LICCI Introduction The case of Yaakov Licci v. Lebanese Canadian Bank, SAL,...
Second Circuit Upholds Class-Action Settlement Excluding Subclasses for Rent Overcharges in Charron v. Pinnacle Group

Second Circuit Upholds Class-Action Settlement Excluding Subclasses for Rent Overcharges in Charron v. Pinnacle Group

Date: Oct 1, 2013
Second Circuit Upholds Class-Action Settlement Excluding Subclasses for Rent Overcharges in Charron v. Pinnacle Group Introduction In Marjorie Charron et al. v. Pinnacle Group N.Y. LLC et al., the...
Limits on Supplemental Jurisdiction over Pendent State Law Claims: Second Circuit in Carver v. Nassau County Interim Finance Authority

Limits on Supplemental Jurisdiction over Pendent State Law Claims: Second Circuit in Carver v. Nassau County Interim Finance Authority

Date: Sep 28, 2013
Limits on Supplemental Jurisdiction over Pendent State Law Claims: Second Circuit in Carver v. Nassau County Interim Finance Authority Introduction The case of James Carver, et al. v. Nassau County...
Affirming Eighth Amendment Compliance in Mandatory Minimum Sentencing for Child Pornography Distribution: United States v. Reingold

Affirming Eighth Amendment Compliance in Mandatory Minimum Sentencing for Child Pornography Distribution: United States v. Reingold

Date: Sep 27, 2013
Affirming Eighth Amendment Compliance in Mandatory Minimum Sentencing for Child Pornography Distribution: United States v. Reingold Introduction The case of United States of America v. Corey Reingold...
Kreisler v. Second Avenue Diner Corp.: Expanding ADA Standing and Accessibility Obligations

Kreisler v. Second Avenue Diner Corp.: Expanding ADA Standing and Accessibility Obligations

Date: Sep 26, 2013
Kreisler v. Second Avenue Diner Corp.: Expanding ADA Standing and Accessibility Obligations Introduction The case of Todd Kreisler v. Second Avenue Diner Corp. (731 F.3d 184, 2d Cir. 2013) represents...
Establishing Standards for Protective Orders in Deposing High-Ranking Government Officials: Lederman v. NYC Department of Parks & Recreation

Establishing Standards for Protective Orders in Deposing High-Ranking Government Officials: Lederman v. NYC Department of Parks & Recreation

Date: Sep 26, 2013
Establishing Standards for Protective Orders in Deposing High-Ranking Government Officials: Lederman v. NYC Department of Parks & Recreation Introduction In Lederman v. New York City Department of...
Cardoza v. Da: Interpreting AEDPA's Standards for Ineffective Assistance of Counsel Claims

Cardoza v. Da: Interpreting AEDPA's Standards for Ineffective Assistance of Counsel Claims

Date: Sep 25, 2013
Cardoza v. Da: Interpreting AEDPA's Standards for Ineffective Assistance of Counsel Claims Introduction Cardoza v. Da, 731 F.3d 169 (2d Cir. 2013), is a significant appellate decision from the United...
Routine Clearing Services Insufficient for Aiding and Abetting Liability under CEA: Second Circuit Affirms Dismissal in Amaranth Litigation

Routine Clearing Services Insufficient for Aiding and Abetting Liability under CEA: Second Circuit Affirms Dismissal in Amaranth Litigation

Date: Sep 24, 2013
Routine Clearing Services Insufficient for Aiding and Abetting Liability under CEA: Second Circuit Affirms Dismissal in Amaranth Litigation Introduction The litigation in question, IN RE AMARANTH...
First Amendment Access Rights in Civil Contempt Proceedings: Dorsett v. County of Nassau

First Amendment Access Rights in Civil Contempt Proceedings: Dorsett v. County of Nassau

Date: Sep 24, 2013
First Amendment Access Rights in Civil Contempt Proceedings: Dorsett v. County of Nassau Introduction Dorsett v. County of Nassau is a pivotal case adjudicated by the United States Court of Appeals...
Establishing the Special Relationship Test in Municipal Negligence Claims: Commentary on Velez v. City of New York

Establishing the Special Relationship Test in Municipal Negligence Claims: Commentary on Velez v. City of New York

Date: Sep 19, 2013
Establishing the Special Relationship Test in Municipal Negligence Claims: Commentary on Velez v. City of New York Introduction In Velez v. City of New York, 730 F.3d 128 (2d Cir. 2013), the United...
Second Circuit Affirms Timely Invocation Requirement for CAFA’s Home State Exception

Second Circuit Affirms Timely Invocation Requirement for CAFA’s Home State Exception

Date: Sep 19, 2013
Second Circuit Affirms Timely Invocation Requirement for CAFA’s Home State Exception Introduction In the landmark case Avraham Gold v. New York Life Insurance Company, adjudicated by the United...
Establishing Sufficiency in Aggravated Identity Theft Indictments: Insights from U.S. v. Stringer

Establishing Sufficiency in Aggravated Identity Theft Indictments: Insights from U.S. v. Stringer

Date: Sep 18, 2013
Establishing Sufficiency in Aggravated Identity Theft Indictments: Insights from U.S. v. Stringer Introduction United States of America v. Thomas B. Stringer is a pivotal appellate case adjudicated...
RLUIPA's Scope on Suing State Officials: No Individual Capacity Claims Allowed

RLUIPA's Scope on Suing State Officials: No Individual Capacity Claims Allowed

Date: Sep 11, 2013
RLUIPA's Scope on Suing State Officials: No Individual Capacity Claims Allowed Introduction The case of Anthony Washington v. Paul Gonyea et al. addressed significant questions regarding the...
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