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  • Commentaries
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2d Circuit Case Commentaries

Caronia v. Philip Morris USA, Inc.: Affirmation of Dismissal and Certification of Medical Monitoring Claims

Caronia v. Philip Morris USA, Inc.: Affirmation of Dismissal and Certification of Medical Monitoring Claims

Date: May 2, 2013
Caronia v. Philip Morris USA, Inc.: Affirmation of Dismissal and Certification of Medical Monitoring Claims Introduction In the case of Caronia v. Philip Morris USA, Inc., the plaintiffs—Marcia L....
Enforcement of Forum Selection Clauses Against Non-Signatories: The Magi XXI, Inc. v. Stato della Città del Vaticano Precedent

Enforcement of Forum Selection Clauses Against Non-Signatories: The Magi XXI, Inc. v. Stato della Città del Vaticano Precedent

Date: May 1, 2013
Enforcement of Forum Selection Clauses Against Non-Signatories: The Magi XXI, Inc. v. Stato della Città del Vaticano Precedent Introduction The case of Magi XXI, Inc., Plaintiff–Appellant, v. Stato...
Paramour Preference and Retaliation Claims Under Title VII: Analysis of Kelly v. Howard I. Shapiro & Associates Consulting Engineers

Paramour Preference and Retaliation Claims Under Title VII: Analysis of Kelly v. Howard I. Shapiro & Associates Consulting Engineers

Date: Apr 27, 2013
Paramour Preference and Retaliation Claims Under Title VII: Analysis of Kelly v. Howard I. Shapiro & Associates Consulting Engineers Introduction In Kelly v. Howard I. Shapiro & Associates Consulting...
Enhanced Standards for NYCHRL Claims in Gender Discrimination and Retaliation: Mihalik v. Credit Agricole Cheuvreux N.A.

Enhanced Standards for NYCHRL Claims in Gender Discrimination and Retaliation: Mihalik v. Credit Agricole Cheuvreux N.A.

Date: Apr 27, 2013
Enhanced Standards for NYCHRL Claims in Gender Discrimination and Retaliation: Mihalik v. Credit Agricole Cheuvreux N.A. Introduction In Mihalik v. Credit Agricole Cheuvreux North America, Inc. (715...
Transformative Use and Fair Use in Art: An In-Depth Analysis of Cariou v. Prince

Transformative Use and Fair Use in Art: An In-Depth Analysis of Cariou v. Prince

Date: Apr 26, 2013
Transformative Use and Fair Use in Art: An In-Depth Analysis of Cariou v. Prince Introduction The case of Patrick Cariou v. Richard Prince, decided by the United States Court of Appeals for the...
Judicial Review of INA §212(i) Waiver Denials Limited to Appeals: SHABAJ v. HOLDER

Judicial Review of INA §212(i) Waiver Denials Limited to Appeals: SHABAJ v. HOLDER

Date: Apr 26, 2013
Judicial Review of INA §212(i) Waiver Denials Limited to Appeals: SHABAJ v. HOLDER Introduction Paulin Shabaj v. Eric H. Holder, Jr., et al. is a pivotal case decided by the United States Court of...
Res Judicata in Correctional Due Process: Proctor v. LeClaire Analysis

Res Judicata in Correctional Due Process: Proctor v. LeClaire Analysis

Date: Apr 26, 2013
Res Judicata in Correctional Due Process: Proctor v. LeClaire Analysis Introduction Patrick Proctor v. Lucien J. LeClaire, Jr., Deputy Commissioner, Department of Correctional Services is a pivotal...
National Organization for Marriage v. Walsh: Expanding Ripeness Standards in Pre-Enforcement First Amendment Challenges

National Organization for Marriage v. Walsh: Expanding Ripeness Standards in Pre-Enforcement First Amendment Challenges

Date: Apr 23, 2013
National Organization for Marriage v. Walsh: Expanding Ripeness Standards in Pre-Enforcement First Amendment Challenges Introduction In the landmark case National Organization for Marriage, Inc. v....
Personal Jurisdiction Over Foreign Defendants in 9/11 Litigation: A Comprehensive Analysis of IN RE TERRORIST Attacks on September 11, 2001

Personal Jurisdiction Over Foreign Defendants in 9/11 Litigation: A Comprehensive Analysis of IN RE TERRORIST Attacks on September 11, 2001

Date: Apr 17, 2013
Personal Jurisdiction Over Foreign Defendants in 9/11 Litigation: A Comprehensive Analysis of IN RE TERRORIST Attacks on September 11, 2001 Introduction The judgment in IN RE TERRORIST Attacks on...
Terminating Government Programs: Limits on Judicial Review Established in J.S. v. T'KACH

Terminating Government Programs: Limits on Judicial Review Established in J.S. v. T'KACH

Date: Apr 11, 2013
Terminating Government Programs: Limits on Judicial Review Established in J.S. v. T'KACH Introduction In the case of J.S. v. T'KACH, decided by the United States Court of Appeals for the Second...
HERA Extender Statute Applies to Statutes of Repose: FHFA v. UBS Americas Decision

HERA Extender Statute Applies to Statutes of Repose: FHFA v. UBS Americas Decision

Date: Apr 6, 2013
HERA Extender Statute Applies to Statutes of Repose: FHFA v. UBS Americas Decision Introduction The case Federal Housing Finance Agency (FHFA) v. UBS Americas Inc., 712 F.3d 136 (2d Cir. 2013),...
Cohen v. SAC Trading Corp.: Elevating Pleading Standards in Fraud and Fiduciary Duty Claims

Cohen v. SAC Trading Corp.: Elevating Pleading Standards in Fraud and Fiduciary Duty Claims

Date: Apr 4, 2013
Cohen v. SAC Trading Corp.: Elevating Pleading Standards in Fraud and Fiduciary Duty Claims Introduction Cohen v. SAC Trading Corp., 711 F.3d 353 (2d Cir. 2013), marks a significant development in...
Second Circuit Clarifies AEDPA Standards on Evidentiary Errors and Due Process in Habeas Corpus: EVANS v. FISCHER

Second Circuit Clarifies AEDPA Standards on Evidentiary Errors and Due Process in Habeas Corpus: EVANS v. FISCHER

Date: Apr 4, 2013
Second Circuit Clarifies AEDPA Standards on Evidentiary Errors and Due Process in Habeas Corpus: EVANS v. FISCHER Introduction EVANS v. FISCHER, 712 F.3d 125 (2nd Cir. 2013), is a pivotal case that...
Affirmation of 18 U.S.C. § 924(c) Under the Second Amendment: United States v. Ron Bryant

Affirmation of 18 U.S.C. § 924(c) Under the Second Amendment: United States v. Ron Bryant

Date: Apr 4, 2013
Affirmation of 18 U.S.C. § 924(c) Under the Second Amendment: United States v. Ron Bryant Introduction United States v. Ron Bryant is a pivotal case adjudicated by the United States Court of Appeals...
Affirmed Dismissal in ERISA Fiduciary Duty Case: Necessity of Plausible Allegations

Affirmed Dismissal in ERISA Fiduciary Duty Case: Necessity of Plausible Allegations

Date: Apr 3, 2013
Affirmed Dismissal in ERISA Fiduciary Duty Case: Necessity of Plausible Allegations Introduction In the case of Pension Benefit Guaranty Corp., on behalf of Saint Vincent Catholic Medical Centers'...
Affirmation of Conviction in United States v. Sessa: Due Process and Rule 33 Considerations

Affirmation of Conviction in United States v. Sessa: Due Process and Rule 33 Considerations

Date: Mar 30, 2013
Affirmation of Conviction in United States v. Sessa: Due Process and Rule 33 Considerations Introduction The case of United States of America v. Michael Sessa, adjudicated by the United States Court...
United States v. James and Mallay: Affirmation of Confrontation Clause Doctrine in Admitting Autopsy Reports

United States v. James and Mallay: Affirmation of Confrontation Clause Doctrine in Admitting Autopsy Reports

Date: Mar 29, 2013
United States v. James and Mallay: Affirmation of Confrontation Clause Doctrine in Admitting Autopsy Reports Introduction In the case United States v. Richard James and Ronald Mallay, the United...
Affirming the Absence of Fiduciary Relationship in Priceline’s "Name Your Own Price" Service

Affirming the Absence of Fiduciary Relationship in Priceline’s "Name Your Own Price" Service

Date: Mar 28, 2013
Affirming the Absence of Fiduciary Relationship in Priceline’s "Name Your Own Price" Service Introduction The case of Lee E. Johnson and Joey Marie Kelly, representing themselves and others, versus...
Affirmation of Grand Island Bridge Toll Scheme: Balancing Local Interests and Constitutional Rights

Affirmation of Grand Island Bridge Toll Scheme: Balancing Local Interests and Constitutional Rights

Date: Mar 28, 2013
Affirmation of Grand Island Bridge Toll Scheme: Balancing Local Interests and Constitutional Rights Introduction The case of Robert Selevan, et al. v. New York Thruway Authority (711 F.3d 253)...
Establishing Standing Based on Exposure to Potentially Harmful Substances: NRDC v. FDA

Establishing Standing Based on Exposure to Potentially Harmful Substances: NRDC v. FDA

Date: Mar 22, 2013
Establishing Standing Based on Exposure to Potentially Harmful Substances: NRDC v. FDA Introduction The case of Natural Resources Defense Council, Inc. (NRDC) v. United States Food and Drug...
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