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  • Commentaries
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2d Circuit Case Commentaries

Affirming Limits on New York's Long-Arm Jurisdiction in Intellectual Property Infringement Cases: Troma Entertainment v. Robbins & Lauter

Affirming Limits on New York's Long-Arm Jurisdiction in Intellectual Property Infringement Cases: Troma Entertainment v. Robbins & Lauter

Date: Sep 7, 2013
Affirming Limits on New York's Long-Arm Jurisdiction in Intellectual Property Infringement Cases: Troma Entertainment v. Robbins & Lauter Introduction Troma Entertainment, Inc. v. Robbins & Lauter is...
Second Circuit Upholds Denial of Disability Benefits: Function-by-Function Analysis Not a Mandatory Requirement

Second Circuit Upholds Denial of Disability Benefits: Function-by-Function Analysis Not a Mandatory Requirement

Date: Sep 6, 2013
Second Circuit Upholds Denial of Disability Benefits: Function-by-Function Analysis Not a Mandatory Requirement Introduction In the landmark case of Melanie Cichocki v. Michael J. Astrue, 729 F.3d...
Affirmation of Class Certification in RICO Fraud Suit Over Cost-Plus Pricing: In re U.S. Foodservice Inc. Pricing Litigation

Affirmation of Class Certification in RICO Fraud Suit Over Cost-Plus Pricing: In re U.S. Foodservice Inc. Pricing Litigation

Date: Aug 31, 2013
Affirmation of Class Certification in RICO Fraud Suit Over Cost-Plus Pricing: In re U.S. Foodservice Inc. Pricing Litigation Introduction The case of In re U.S. Foodservice Inc. Pricing Litigation...
Reaffirming Strict Standards for Vacating Arbitration Awards: Kolel Beth Yechiel Mechil v. YLL Irrevocable Trust

Reaffirming Strict Standards for Vacating Arbitration Awards: Kolel Beth Yechiel Mechil v. YLL Irrevocable Trust

Date: Aug 31, 2013
Reaffirming Strict Standards for Vacating Arbitration Awards: Kolel Beth Yechiel Mechil v. YLL Irrevocable Trust Introduction The case of Kolel Beth Yechiel Mechil of Tartikov, Inc. v. YLL...
Second Circuit Establishes Clear Boundary for Securities Fraud under Section 10(b): No Criminal Liability for Extraterritorial Conduct

Second Circuit Establishes Clear Boundary for Securities Fraud under Section 10(b): No Criminal Liability for Extraterritorial Conduct

Date: Aug 31, 2013
Second Circuit Establishes Clear Boundary for Securities Fraud under Section 10(b): No Criminal Liability for Extraterritorial Conduct Introduction In the landmark case of United States v. Alberto...
United States v. Gushlak: Affirming Restitution Calculations in Securities Fraud Under MVRA

United States v. Gushlak: Affirming Restitution Calculations in Securities Fraud Under MVRA

Date: Aug 30, 2013
United States v. Gushlak: Affirming Restitution Calculations in Securities Fraud Under MVRA Introduction In United States v. Myron L. Gushlak (728 F.3d 184, 2nd Cir. 2013), the United States Court of...
Affirmation of Qualified Immunity in Body Cavity Search Under Fourth Amendment Protections

Affirmation of Qualified Immunity in Body Cavity Search Under Fourth Amendment Protections

Date: Aug 29, 2013
Affirmation of Qualified Immunity in Body Cavity Search Under Fourth Amendment Protections Introduction The case of Jonathan González v. City of Schenectady et al. revolves around the legality of a...
Settlement Payments in Employment Discrimination Cases Classified as FICA Taxable Wages: Gerstenbluth v. Credit Suisse

Settlement Payments in Employment Discrimination Cases Classified as FICA Taxable Wages: Gerstenbluth v. Credit Suisse

Date: Aug 28, 2013
Settlement Payments in Employment Discrimination Cases Classified as FICA Taxable Wages: Gerstenbluth v. Credit Suisse Introduction Gersternbluth v. Credit Suisse Securities (USA) LLC is a pivotal...
Affirmation of Strict Timeliness for Rule 60(b) Motions in Colucci v. Beth Israel Medical Center

Affirmation of Strict Timeliness for Rule 60(b) Motions in Colucci v. Beth Israel Medical Center

Date: Aug 28, 2013
Affirmation of Strict Timeliness for Rule 60(b) Motions in Colucci v. Beth Israel Medical Center Introduction In the case of Cleuza Colucci, Plaintiff-Appellant, et al. v. Beth Israel Medical Center,...
Reinforcing Monell: Municipal Liability Independent of Individual Officer Immunity

Reinforcing Monell: Municipal Liability Independent of Individual Officer Immunity

Date: Aug 24, 2013
Reinforcing Monell: Municipal Liability Independent of Individual Officer Immunity Introduction The case of Delroy Askins v. Sergeant John Doe #1 et al. represents a significant development in the...
Affirmation of Summary Orders and Dismissal of Discrimination Claims in Dowrich-Weeks v. Cooper Square Realty

Affirmation of Summary Orders and Dismissal of Discrimination Claims in Dowrich-Weeks v. Cooper Square Realty

Date: Aug 22, 2013
Affirmation of Summary Orders and Dismissal of Discrimination Claims in Dowrich-Weeks v. Cooper Square Realty Introduction The case of Monet Dowrich-Weeks v. Cooper Square Realty, Inc. adjudicated by...
ATS Limitations Post-Kiobel: Corporate Liability for Foreign Human Rights Violations Denied

ATS Limitations Post-Kiobel: Corporate Liability for Foreign Human Rights Violations Denied

Date: Aug 22, 2013
ATS Limitations Post-Kiobel: Corporate Liability for Foreign Human Rights Violations Denied Introduction The case of Sakwe Balintulo et al. v. Daimler AG, Ford Motor Company, and IBM Corporation...
Enhanced Pleading Standards for Subjective Valuations in Securities Litigation: Marshall FREIDUS v. Barclays Bank PLC

Enhanced Pleading Standards for Subjective Valuations in Securities Litigation: Marshall FREIDUS v. Barclays Bank PLC

Date: Aug 20, 2013
Enhanced Pleading Standards for Subjective Valuations in Securities Litigation: Marshall FREIDUS v. Barclays Bank PLC Introduction In Marshall FREIDUS, on behalf of himself and all others similarly...
Second Circuit Rules Prosecutorial Actions in Material Witness Warrants Do Not Entitle Absolute Immunity

Second Circuit Rules Prosecutorial Actions in Material Witness Warrants Do Not Entitle Absolute Immunity

Date: Aug 17, 2013
Second Circuit Rules Prosecutorial Actions in Material Witness Warrants Do Not Entitle Absolute Immunity Introduction In the landmark case of Alexina Simon v. City of New York, the United States...
Federal Preemption of Vermont's Nuclear Safety Regulations under the Atomic Energy Act: Entergy Nuclear Vermont Yankee Case

Federal Preemption of Vermont's Nuclear Safety Regulations under the Atomic Energy Act: Entergy Nuclear Vermont Yankee Case

Date: Aug 15, 2013
Federal Preemption of Vermont's Nuclear Safety Regulations under the Atomic Energy Act: Entergy Nuclear Vermont Yankee Case Introduction The case of Entergy Nuclear Vermont Yankee, LLC v. Peter...
Second Circuit Upholds Enforceability of Class-Action Waivers in Arbitration Agreements under the FAA

Second Circuit Upholds Enforceability of Class-Action Waivers in Arbitration Agreements under the FAA

Date: Aug 10, 2013
Second Circuit Upholds Enforceability of Class-Action Waivers in Arbitration Agreements under the FAA Introduction In the landmark case Stephanie Sutherland v. Ernst & Young LLP, the United States...
Double Jeopardy Protections Reinforced in Hoffler v. Bezio (726 F.3d 144)

Double Jeopardy Protections Reinforced in Hoffler v. Bezio (726 F.3d 144)

Date: Aug 9, 2013
Double Jeopardy Protections Reinforced in Hoffler v. Bezio (726 F.3d 144) Introduction In Michael Hoffler, Petitioner–Appellant, v. Norman R. Bezio, Superintendent of Great Meadow Correctional...
2nd Circuit Affirms Dismissal of First Amendment and Equal Protection Claims by Independent Contractor in DOT Contract Dispute

2nd Circuit Affirms Dismissal of First Amendment and Equal Protection Claims by Independent Contractor in DOT Contract Dispute

Date: Aug 9, 2013
2nd Circuit Affirms Dismissal of First Amendment and Equal Protection Claims by Independent Contractor in DOT Contract Dispute Introduction In the case of Fahs Construction Group, Inc. v. Michael...
Establishing Liability for Investment Advisors in Late Trading Schemes under Securities Laws

Establishing Liability for Investment Advisors in Late Trading Schemes under Securities Laws

Date: Aug 9, 2013
Establishing Liability for Investment Advisors in Late Trading Schemes under Securities Laws Introduction The case of Securities and Exchange Commission v. Pentagon Capital Management PLC, Lewis...
Clarifying the 'Work Made for Hire' Doctrine: Insights from Marvel Characters, Inc. v. Kirby

Clarifying the 'Work Made for Hire' Doctrine: Insights from Marvel Characters, Inc. v. Kirby

Date: Aug 9, 2013
Clarifying the 'Work Made for Hire' Doctrine: Insights from Marvel Characters, Inc. v. Kirby Introduction The case of Marvel Characters, Inc. v. Kirby, adjudicated by the United States Court of...
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