2d Circuit Case Commentaries

Overbreadth of Digital Search Warrants: United States v. Galpin

Date: Jun 26, 2013

Overbreadth of Digital Search Warrants: United States v. Galpin Introduction In United States v. Galpin, Jr., 720 F.3d 436 (2d Cir. 2013), the United States Court of Appeals for the Second Circuit...

Rajaratnam v. United States: Affirming Franks Framework and 'Knowing Possession' Standard in Securities Fraud

Date: Jun 25, 2013

Rajaratnam v. United States: Affirming Franks Framework and 'Knowing Possession' Standard in Securities Fraud Introduction In United States of America v. Raj Rajaratnam, 719 F.3d 139 (2d Cir. 2013),...

Qualified Immunity Upholding for DOCS Officials in Spavone v. New York State Department of Correctional Services

Date: Jun 21, 2013

Qualified Immunity Upholding for DOCS Officials in Spavone v. New York State Department of Correctional Services Introduction In the landmark case Spavone v. New York State Department of Correctional...

Second Circuit Affirms In Pari Delicto Doctrine: Limiting SIPA Trustees' Third-Party Standing in Madoff Fraud Case

Date: Jun 21, 2013

Second Circuit Affirms In Pari Delicto Doctrine: Limiting SIPA Trustees' Third-Party Standing in Madoff Fraud Case Introduction In the landmark case In re Bernard L. Madoff Investment Securities...

Standard for Freezing Relief Defendant's Assets in FTC and CUTPA Enforcement Actions

Date: Jun 21, 2013

Standard for Freezing Relief Defendant's Assets in FTC and CUTPA Enforcement Actions Introduction In the case of Federal Trade Commission, State of Connecticut v. Angelina Strano et al., the United...

Grullon v. New Haven: Second Circuit Reinforces Right to Amend §1983 Claims Against Supervisory Officials

Date: Jun 20, 2013

Grullon v. New Haven: Second Circuit Reinforces Right to Amend §1983 Claims Against Supervisory Officials Introduction In the landmark case of Raymond Grullon v. City of New Haven, adjudicated by the...

Establishing Boundaries: Second Circuit's Analysis of RICO and New York General Business Law in Cruz v. FXDirectDealer

Date: Jun 20, 2013

Establishing Boundaries: Second Circuit's Analysis of RICO and New York General Business Law in Cruz v. FXDirectDealer Introduction The case of Hugo Cruz v. FXDirectDealer, LLC (FXDD), adjudicated by...

Federal Precedence: Application of §1961 Post-Judgment Interest Rates in Diversity Actions

Date: Jun 19, 2013

Federal Precedence: Application of §1961 Post-Judgment Interest Rates in Diversity Actions Introduction The case of Robert N. Cappiello v. ICD Publications, Inc. addressed a pivotal issue concerning...

Affirmation of Hague Convention Repatriation Standards in Souratgar v. Fair

Date: Jun 14, 2013

Affirmation of Hague Convention Repatriation Standards in Souratgar v. Fair Introduction The judicial landscape of international child custody has been significantly shaped by the decision in...

Second Circuit Upholds Enforceability of Accrued Interest in Mezzanine Loan Agreements: Limits on Equitable Defenses

Date: Jun 13, 2013

Second Circuit Upholds Enforceability of Accrued Interest in Mezzanine Loan Agreements: Limits on Equitable Defenses Introduction The case of GAIA HOUSE MEZZ LLC v. STATE STREET BANK AND TRUST...

Second Circuit Clarifies Renewal Copyright Assignment Under Work-for-Hire Agreements: Friedrich v. Marvel Characters

Date: Jun 12, 2013

Second Circuit Clarifies Renewal Copyright Assignment Under Work-for-Hire Agreements: Friedrich v. Marvel Characters Introduction In the landmark case of Gary Friedrich Enterprises, LLC, and Gary...

Second Circuit Rules on Qualified Immunity in Cases of Unconstitutionally Imposed Postrelease Supervision

Date: Jun 5, 2013

Second Circuit Rules on Qualified Immunity in Cases of Unconstitutionally Imposed Postrelease Supervision Introduction In the landmark case of Shawn Michael Vincent et al. v. Bruce S. Yelich et al.,...

Second Circuit Clarifies Scope of Judicial Authority in Arbitration Agreement Interpretation under the New York Convention

Date: Jun 4, 2013

Second Circuit Clarifies Scope of Judicial Authority in Arbitration Agreement Interpretation under the New York Convention Introduction The case of VRG Linhas Aereas S.A. v. MatlinPatterson Global...

Liberty Synergistics Inc. v. Microflo Ltd.: Establishing Jurisdiction for Anti-SLAPP Motions under Collateral Order Doctrine

Date: Jun 1, 2013

Liberty Synergistics Inc. v. Microflo Ltd.: Establishing Jurisdiction for Anti-SLAPP Motions under Collateral Order Doctrine United States Court of Appeals, Second Circuit, 2013 Introduction In...

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2d Circuit Case Commentaries

Overbreadth of Digital Search Warrants: United States v. Galpin

Rajaratnam v. United States: Affirming Franks Framework and 'Knowing Possession' Standard in Securities Fraud

Qualified Immunity Upholding for DOCS Officials in Spavone v. New York State Department of Correctional Services

Second Circuit Affirms In Pari Delicto Doctrine: Limiting SIPA Trustees' Third-Party Standing in Madoff Fraud Case

Standard for Freezing Relief Defendant's Assets in FTC and CUTPA Enforcement Actions

Grullon v. New Haven: Second Circuit Reinforces Right to Amend §1983 Claims Against Supervisory Officials

Establishing Boundaries: Second Circuit's Analysis of RICO and New York General Business Law in Cruz v. FXDirectDealer

Federal Precedence: Application of §1961 Post-Judgment Interest Rates in Diversity Actions

Affirmation of Hague Convention Repatriation Standards in Souratgar v. Fair

Second Circuit Upholds Enforceability of Accrued Interest in Mezzanine Loan Agreements: Limits on Equitable Defenses

Second Circuit Clarifies Renewal Copyright Assignment Under Work-for-Hire Agreements: Friedrich v. Marvel Characters

Second Circuit Rules on Qualified Immunity in Cases of Unconstitutionally Imposed Postrelease Supervision

Second Circuit Clarifies Scope of Judicial Authority in Arbitration Agreement Interpretation under the New York Convention

Liberty Synergistics Inc. v. Microflo Ltd.: Establishing Jurisdiction for Anti-SLAPP Motions under Collateral Order Doctrine

Kelly-Brown v. Winfrey: Second Circuit Clarifies Fair Use Defense in Trademark Infringement

Walker v. Schult: Establishing Standards for Eighth Amendment Compliance in Overcrowded Prisons

Sanctions Imposed for Frivolous Appeals and Egregious Conduct: Ransmeier v. Mariani

Conditional Consent and Shared Intent: Defining Habitual Residence Under the Hague Convention in Hofmann v. Sender

Revisiting Burden of Proof in Pattern-Or-Practice Discrimination: Insights from United States v. City of New York

Denial of Acceptance of Responsibility in Drug Conspiracy: Insights from United States v. Robert Chu