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  • Commentaries
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2d Circuit Case Commentaries

CDA Precludes Bivens Actions in Retaliatory Contract Termination: Insights from M.E.S., Inc. v. Snell

CDA Precludes Bivens Actions in Retaliatory Contract Termination: Insights from M.E.S., Inc. v. Snell

Date: Mar 20, 2013
CDA Precludes Bivens Actions in Retaliatory Contract Termination: Insights from M.E.S., Inc. v. Snell Introduction The case of M.E.S., Inc., George Makhoul, Plaintiffs–Appellants, v. Ella Snell, et...
Second Circuit Reverses Class Certification: Defining Clearing Brokers' Duty to Disclose in Securities Fraud – Levitt v. J.P. Morgan Securities

Second Circuit Reverses Class Certification: Defining Clearing Brokers' Duty to Disclose in Securities Fraud – Levitt v. J.P. Morgan Securities

Date: Mar 16, 2013
Second Circuit Reverses Class Certification: Defining Clearing Brokers' Duty to Disclose in Securities Fraud – Levitt v. J.P. Morgan Securities Introduction In the case of Levitt v. J.P. Morgan...
Implied Immunity of Securities Laws and Antitrust Claims: Insights from Mayor of Baltimore v. Citigroup et al.

Implied Immunity of Securities Laws and Antitrust Claims: Insights from Mayor of Baltimore v. Citigroup et al.

Date: Mar 6, 2013
Implied Immunity of Securities Laws and Antitrust Claims: Insights from Mayor of Baltimore v. Citigroup et al. Introduction The case of Mayor and City Council of Baltimore, Maryland, On Behalf of...
Redefining Essential Job Functions under the ADA: McMillan v. City of New York

Redefining Essential Job Functions under the ADA: McMillan v. City of New York

Date: Mar 5, 2013
Redefining Essential Job Functions under the ADA: McMillan v. City of New York Introduction McMillan v. City of New York, 711 F.3d 120 (2d Cir., 2013), is a pivotal case addressing the interpretation...
Second Circuit Establishes Reasonable Inference of Liability for Material Misrepresentations in Securities Offerings

Second Circuit Establishes Reasonable Inference of Liability for Material Misrepresentations in Securities Offerings

Date: Mar 2, 2013
Second Circuit Establishes Reasonable Inference of Liability for Material Misrepresentations in Securities Offerings Introduction The case of New Jersey Carpenters Health Fund v. The Royal Bank of...
Clarification on NY Labor Law Gap-Time Claims: Analysis of Second Circuit's Decision in Lundy v. Catholic Health System of Long Island Inc.

Clarification on NY Labor Law Gap-Time Claims: Analysis of Second Circuit's Decision in Lundy v. Catholic Health System of Long Island Inc.

Date: Mar 2, 2013
Clarification on NY Labor Law Gap-Time Claims: Analysis of Second Circuit's Decision in Lundy v. Catholic Health System of Long Island Inc. Introduction The case of Lundy v. Catholic Health System of...
Mitchell v. Lyons Professional Services: Balancing Counsel Sanctions and Client Protection

Mitchell v. Lyons Professional Services: Balancing Counsel Sanctions and Client Protection

Date: Mar 1, 2013
Mitchell v. Lyons Professional Services: Balancing Counsel Sanctions and Client Protection Introduction The case of Mitchell, Campbell, Campbell, and Selby v. Lyons Professional Services, Inc. (708...
Summa v. Hofstra University: Strengthening Protections Against Retaliation in Employment Discrimination

Summa v. Hofstra University: Strengthening Protections Against Retaliation in Employment Discrimination

Date: Feb 22, 2013
Summa v. Hofstra University: Strengthening Protections Against Retaliation in Employment Discrimination Introduction Lauren E. Summa, a former graduate student and team manager at Hofstra University,...
Second Circuit Reinforces Importance of Treating Physician's Diagnosis in Fibromyalgia Disability Claims: Selian v. Astrue

Second Circuit Reinforces Importance of Treating Physician's Diagnosis in Fibromyalgia Disability Claims: Selian v. Astrue

Date: Feb 22, 2013
Second Circuit Reinforces Importance of Treating Physician's Diagnosis in Fibromyalgia Disability Claims: Selian v. Astrue Introduction Robert Selian, the plaintiff-appellant, challenged the denial...
Establishing Limitations on Punitive Damages in Police Excessive Force Cases: Payne v. Jones

Establishing Limitations on Punitive Damages in Police Excessive Force Cases: Payne v. Jones

Date: Feb 16, 2013
Establishing Limitations on Punitive Damages in Police Excessive Force Cases: Payne v. Jones Introduction Payne v. Jones is a landmark case adjudicated by the United States Court of Appeals, Second...
ROTHSTEIN v. UBS AG: Clarifying Article III Standing and Proximate Cause under the Anti-Terrorism Act

ROTHSTEIN v. UBS AG: Clarifying Article III Standing and Proximate Cause under the Anti-Terrorism Act

Date: Feb 15, 2013
ROTHSTEIN v. UBS AG: Clarifying Article III Standing and Proximate Cause under the Anti-Terrorism Act Introduction ROTHSTEIN v. UBS AG, 708 F.3d 82 (2d Cir. 2013) is a pivotal case that examines the...
Procedural Due Process Must Precede Civil Commitment of SVPs: Second Circuit Upholds District Court Decision in BAILEY v. PATAKI

Procedural Due Process Must Precede Civil Commitment of SVPs: Second Circuit Upholds District Court Decision in BAILEY v. PATAKI

Date: Feb 15, 2013
Procedural Due Process Must Precede Civil Commitment of SVPs: Second Circuit Upholds District Court Decision in BAILEY v. PATAKI Introduction In BAILEY v. PATAKI, the United States Court of Appeals...
Affirmation of Antitrust Standing Requirements in Bid-Rigging Cases: Gatt Communications v. PMC Associates

Affirmation of Antitrust Standing Requirements in Bid-Rigging Cases: Gatt Communications v. PMC Associates

Date: Feb 15, 2013
Affirmation of Antitrust Standing Requirements in Bid-Rigging Cases: Gatt Communications v. PMC Associates Introduction The case of Gatt Communications, Inc. v. PMC Associates, L.L.C. adjudicated by...
Affirming Standards for Press Release Materiality in Securities Fraud: Elan Corp. v. Kleinman

Affirming Standards for Press Release Materiality in Securities Fraud: Elan Corp. v. Kleinman

Date: Feb 2, 2013
Affirming Standards for Press Release Materiality in Securities Fraud: Elan Corp. v. Kleinman Introduction In Gary W. Kleinman v. Elan Corporation et al., the United States Court of Appeals for the...
Sham Issue of Fact Doctrine Reinforced in Fosamax Liability Litigation

Sham Issue of Fact Doctrine Reinforced in Fosamax Liability Litigation

Date: Jan 31, 2013
Sham Issue of Fact Doctrine Reinforced in Fosamax Liability Litigation Introduction The case IN RE FOSAMAX PRODUCTS LIABILITY LITIGATION (Linda Secrest v. Merck, Sharp & Dohme Corp.) adjudicated by...
Interpreting Exhaustion Requirements and Amendments under ERISA: Kirkendall v. Halliburton

Interpreting Exhaustion Requirements and Amendments under ERISA: Kirkendall v. Halliburton

Date: Jan 30, 2013
Interpreting Exhaustion Requirements and Amendments under ERISA: Kirkendall v. Halliburton Introduction The case of Kathy Joy Kirkendall et al. v. Halliburton, Inc. et al. (707 F.3d 173) adjudicated...
Second Circuit Establishes New Precedent for ADA Title II Reasonable Modifications and State Sovereign Immunity

Second Circuit Establishes New Precedent for ADA Title II Reasonable Modifications and State Sovereign Immunity

Date: Jan 30, 2013
Second Circuit Establishes New Precedent for ADA Title II Reasonable Modifications and State Sovereign Immunity Introduction In the case of Mary Jo C. v. New York State and Local Retirement System,...
Affirmation of Summary Judgment: Qualified Immunity and Pretext in Employment Discrimination

Affirmation of Summary Judgment: Qualified Immunity and Pretext in Employment Discrimination

Date: Jan 29, 2013
Affirmation of Summary Judgment: Qualified Immunity and Pretext in Employment Discrimination Introduction The case of Edwin Garcia v. Hartford Police Department explores critical issues surrounding...
Admissibility of State Court Restraining Orders as Evidence of Knowledge and Intent: United States v. Dupree

Admissibility of State Court Restraining Orders as Evidence of Knowledge and Intent: United States v. Dupree

Date: Jan 29, 2013
Admissibility of State Court Restraining Orders as Evidence of Knowledge and Intent: United States v. Dupree Introduction The case of United States v. Courtney Dupree, decided by the United States...
Affirmation of Residual Functional Capacity Assessments in SSA Disability Claims: Pellam v. Astrue

Affirmation of Residual Functional Capacity Assessments in SSA Disability Claims: Pellam v. Astrue

Date: Jan 29, 2013
Affirmation of Residual Functional Capacity Assessments in SSA Disability Claims: Pellam v. Astrue Introduction Pellam v. Astrue is a notable case adjudicated by the United States Court of Appeals...
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