2d Circuit Case Commentaries

Reevaluation of Disability Determinations: Emphasizing Comprehensive Medical Evidence and Proper Legal Standards

Date: Aug 7, 2013

Reevaluation of Disability Determinations: Emphasizing Comprehensive Medical Evidence and Proper Legal Standards Introduction The case of Patrick Dennis McHugh v. Michael J. Astrue, Commissioner of...

Adequacy of Pleadings in FLSA Overtime Claims: Insights from DeJESUS v. HF Management Services

Date: Aug 6, 2013

Adequacy of Pleadings in FLSA Overtime Claims: Insights from DeJESUS v. HF Management Services Introduction Ramona DeJESUS brought forth a legal action against HF Management Services, LLC, alleging...

Affirmation of FAPE Compliance in M.W. v. NYC Department of Education

Date: Jul 30, 2013

Affirmation of FAPE Compliance in M.W. v. NYC Department of Education Introduction M.W., by his Parents, S.W. and E.W., Plaintiffs–Appellants, v. NEW YORK CITY DEPARTMENT OF EDUCATION,...

Affirmation of MTBE Products Liability Verdict: Implications for Federal Preemption and State Tort Law

Date: Jul 27, 2013

Affirmation of MTBE Products Liability Verdict: Implications for Federal Preemption and State Tort Law Introduction The litigation in question, IN RE METHYL TERTIARY Butyl Ether (“MTBE”) Products...

2nd Circuit Rules SSI Benefits Protected from Levy Under 42 U.S.C. §659(a)

Date: Jul 25, 2013

2nd Circuit Rules SSI Benefits Protected from Levy Under 42 U.S.C. §659(a) Introduction In the case of Derry Sykes v. Bank of America, et al., the United States Court of Appeals for the Second...

Affirmation of Qualified Immunity in ZALASKI v. CITY OF HARTFORD: Implications for Constitutional Rights

Date: Jul 24, 2013

Affirmation of Qualified Immunity in ZALASKI v. CITY OF HARTFORD: Implications for Constitutional Rights Introduction The case of Lisa Zalaski, Animal Rights Front, Inc., Derek V. Oatis v. City of...

Enhanced Liability Standards for ETF Disclosure under the Securities Act: Insights from In re PROSHARES TRUST SECURITIES LITIGATION

Date: Jul 23, 2013

Enhanced Liability Standards for ETF Disclosure under the Securities Act: Insights from In re PROSHARES TRUST SECURITIES LITIGATION Introduction The litigation case titled In re PROSHARES TRUST...

Second Circuit Vacates Injunction on AUMF's Detention Provisions Due to Plaintiffs' Lack of Standing

Date: Jul 18, 2013

Second Circuit Vacates Injunction on AUMF's Detention Provisions Due to Plaintiffs' Lack of Standing Introduction In Christopher HEDGES, Daniel Ellsberg, Jennifer Bolen, Noam Chomsky, Alexa O'Brien,...

Strict Adherence to 28 U.S.C. § 1746 Certifications Affirmed in World Trade Center Litigation

Date: Jul 17, 2013

Strict Adherence to 28 U.S.C. § 1746 Certifications Affirmed in World Trade Center Litigation Introduction The litigation arising from the tragic terrorist attacks of September 11, 2001, continues to...

Enforcing Trademark Integrity: Affirmation of Default Judgment in Guggenheim v. Birnbaum

Date: Jul 16, 2013

Enforcing Trademark Integrity: Affirmation of Default Judgment in Guggenheim v. Birnbaum Introduction The case of Guggenheim Capital, LLC, et al. v. Birnbaum (722 F.3d 444) addressed significant...

Affirmation and Remand in FLSA and RICO Claims: Nakahata et al. v. New York–Presbyterian Healthcare System, Inc.

Date: Jul 12, 2013

Affirmation and Remand in FLSA and RICO Claims: Nakahata et al. v. New York–Presbyterian Healthcare System, Inc. Introduction In the case of Nakahata et al. v. New York–Presbyterian Healthcare...

Establishing Enhanced Standards for Ineffective Assistance of Counsel in §2255 Motions: The Gonzalez Case

Date: Jul 11, 2013

Establishing Enhanced Standards for Ineffective Assistance of Counsel in §2255 Motions: The Gonzalez Case Introduction The case of Pedro Gonzalez v. United States (722 F.3d 118) serves as a pivotal...

Operational Control as Basis for Personal Liability under FLSA: Second Circuit's Holding in TORRES v. GRISTEDE'S OPERATING CORP.

Date: Jul 10, 2013

Operational Control as Basis for Personal Liability under FLSA: Second Circuit's Holding in TORRES v. GRISTEDE'S OPERATING CORP. Introduction The case of TORRES v. GRISTEDE'S OPERATING CORP....

Shui W. Kwong v. Bloomberg: Upholding NYC's Residential Handgun Licensing Fees

Date: Jul 10, 2013

Shui W. Kwong et al. v. Bloomberg et al.: Upholding New York City's Residential Handgun Licensing Fees Introduction In the landmark case Shui W. Kwong, George Greco, Glenn Herman, Nick Lidakis,...

Derivative Citizenship and Hearsay Exceptions: Insights from Randolph Porter v. Andrea Quarantillo

Date: Jul 9, 2013

Derivative Citizenship and Hearsay Exceptions: Insights from Randolph Porter v. Andrea Quarantillo Introduction Randolph Porter v. Andrea Quarantillo is a pivotal case adjudicated by the United...

Establishing Prima Facie Personal Jurisdiction Without Evidentiary Hearings: Analysis of Dorchester Financial Securities, Inc. v. Banco BRJ, S.A.

Date: Jul 4, 2013

Establishing Prima Facie Personal Jurisdiction Without Evidentiary Hearings: Analysis of Dorchester Financial Securities, Inc. v. Banco BRJ, S.A. Introduction Parties Involved: Plaintiff–Appellant:...

Revisiting Equitable Tolling under the Federal Tort Claims Act: Insights from Phillips v. Generations Family Health Center

Date: Jun 29, 2013

Revisiting Equitable Tolling under the Federal Tort Claims Act: Insights from Phillips v. Generations Family Health Center Introduction The case of Christopher Phillips, Administrator for the Estate...

Second Circuit Establishes Limits on Tolling and Intervention in Securities Act Claims

Date: Jun 28, 2013

Second Circuit Establishes Limits on Tolling and Intervention in Securities Act Claims Introduction The case of Police and Fire Retirement System of the City of Detroit, Indiana v. Dually, et al....

Probable Cause Standards in False Arrest and Malicious Prosecution: Stansbury v. Wertman

Date: Jun 27, 2013

Probable Cause Standards in False Arrest and Malicious Prosecution: Stansbury v. Wertman Introduction In the case of Linda Stansbury v. Chad Wertman (721 F.3d 84, 2nd Cir. 2013), the United States...

Admissibility of Lay Testimonies and Conscious Avoidance Instructions in Securities Fraud: A Comprehensive Analysis of United States v. Cuti and Tennant

Date: Jun 27, 2013

Admissibility of Lay Testimonies and Conscious Avoidance Instructions in Securities Fraud: A Comprehensive Analysis of United States v. Cuti and Tennant Introduction In the landmark case of United...

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