2d Circuit Case Commentaries

Substantial Evidence in Assessing Residual Functional Capacity: Insights from Matta v. Astrue

Date: Jan 26, 2013

Substantial Evidence in Assessing Residual Functional Capacity: Insights from Matta v. Astrue Introduction The case of Nelson J. Matta v. Michael J. Astrue, Commissioner of the Social Security...

Public Reprimand of Attorney Douglas Payne Reinforces Standards for Attorney Conduct under Federal Appellate Rules

Date: Jan 26, 2013

Public Reprimand of Attorney Douglas Payne Reinforces Standards for Attorney Conduct under Federal Appellate Rules Introduction The case of In re Douglas PAYNE, Attorney (707 F.3d 195) adjudicated by...

Parens Patriae Actions and CAFA: Second Circuit Establishes Non-Applicability as Class Actions

Date: Jan 10, 2013

Parens Patriae Actions and CAFA: Second Circuit Establishes Non-Applicability as Class Actions Introduction The case of Purdue Pharma L.P. v. Commonwealth of Kentucky and Pike County examines the...

2nd Circuit's Interpretation of Section 16(b): Distinct Stock Types Exempt from Short-Swing Profit Rule

Date: Jan 8, 2013

2nd Circuit's Interpretation of Section 16(b): Distinct Stock Types Exempt from Short-Swing Profit Rule Introduction In the landmark case of Michael D. Gibbons v. John C. Malone, et al., the United...

Middle Finger Gesture and Fourth Amendment Seizure: Swartz v. Insogna and Collins - Second Circuit Decision

Date: Jan 4, 2013

Middle Finger Gesture and Fourth Amendment Seizure: Swartz v. Insogna and Collins - Second Circuit Decision Introduction In the case of John Swartz and Judy Mayton–Swartz v. Richard Insogna and Kevin...

Establishing Long-Arm Jurisdiction through Cross-Border Computer Server Access: MacDermid, Inc. v. Jackie Deiter

Date: Dec 27, 2012

Establishing Long-Arm Jurisdiction through Cross-Border Computer Server Access: MacDermid, Inc. v. Jackie Deiter Introduction The case MacDermid, Inc. v. Jackie Deiter, adjudicated by the United...

Second Circuit Clarifies Standards for Hostile Work Environment and Retaliation Claims in RGRTA v. Rivera and Talton

Date: Dec 22, 2012

Second Circuit Clarifies Standards for Hostile Work Environment and Retaliation Claims in RGRTA v. Rivera and Talton Introduction In RGRTA v. Rivera and Talton, the United States Court of Appeals for...

Establishing Limits on Qualified Immunity for Property and First Amendment Rights in Public Employment: Looney v. Black et al.

Date: Dec 22, 2012

Establishing Limits on Qualified Immunity for Property and First Amendment Rights in Public Employment: Looney v. Black et al. Introduction In Patrick Looney v. William Black, Riva R. Clark, and...

Enforcement of Condition C for Continuing Environmental Damage in Excess Insurance Policies: Olin Corp. v. American Home

Date: Dec 20, 2012

Enforcement of Condition C for Continuing Environmental Damage in Excess Insurance Policies: Olin Corp. v. American Home Introduction Olin Corporation v. American Home Assurance Company is a seminal...

Recognition of Witness Cooperators as a Particular Social Group in Asylum Claims: Gashi v. Holder

Date: Dec 19, 2012

Recognition of Witness Cooperators as a Particular Social Group in Asylum Claims: Gashi v. Holder Introduction In the landmark case of Azem Gashi v. Holder, decided by the United States Court of...

Doctrinal Shift in Depraved Indifference Murder Allows Habeas Corpus Review

Date: Dec 12, 2012

Doctrinal Shift in Depraved Indifference Murder Allows Habeas Corpus Review Introduction In Omar Gutierrez v. Joseph Smith, 702 F.3d 103 (2d Cir. 2012), the United States Court of Appeals for the...

Clarifying Probable Cause and Qualified Immunity in Third-Degree Menacing Arrests: Ackerson v. City of White Plains

Date: Dec 5, 2012

Clarifying Probable Cause and Qualified Immunity in Third-Degree Menacing Arrests: Ackerson v. City of White Plains Introduction In the case of Shawn Ackerson, Plaintiff–Appellant, v. City of White...

Suppression Affirmed in United States v. Murphy and Webster: Implications for Fourth Amendment and Miranda Rights

Date: Dec 5, 2012

Suppression Affirmed in United States v. Murphy and Webster: Implications for Fourth Amendment and Miranda Rights Introduction In the landmark case United States v. Murphy and Webster, the United...

Strict Liability for Victim’s Age Under 18 U.S.C. § 1591(c): Insights from United States v. De

Date: Dec 1, 2012

Strict Liability for Victim’s Age Under 18 U.S.C. § 1591(c): Insights from United States v. De Introduction In United States v. De, 702 F.3d 22 (2nd Cir. 2012), the United States Court of Appeals for...

Establishing Boundaries of Criminal Liability in Conspiracy to Defraud: United States v. Coplan et al.

Date: Nov 30, 2012

Establishing Boundaries of Criminal Liability in Conspiracy to Defraud: United States v. Coplan et al. Introduction In the landmark case of United States v. Coplan, Martin Nissenbaum, Richard...

Second Circuit Upholds New York's 'Proper Cause' Requirement for Concealed Handgun Licenses under the Second Amendment

Date: Nov 28, 2012

Second Circuit Upholds New York's 'Proper Cause' Requirement for Concealed Handgun Licenses under the Second Amendment Introduction In the landmark case of Kachalsky v. Cacace, the United States...

Judicial Restraint in Mass Copyright Litigation: Collins v. Doe

Date: Nov 21, 2012

Judicial Restraint in Mass Copyright Litigation: Collins v. Doe Introduction In Patrick Collins, Inc. v. John Doe 1, the United States District Court for the Eastern District of New York addressed...

Affirmation of Summary Judgment: ADA Protections and Reasonable Accommodations in Volunteer Settings

Date: Nov 16, 2012

Affirmation of Summary Judgment: ADA Protections and Reasonable Accommodations in Volunteer Settings Introduction In the case of James C. McElwee v. County of Orange, the United States Court of...

Enforcing Contractual Damage Calculations Under ERISA: Insights from Cement and Concrete Workers District Council v. Metro Foundation Contractors

Date: Oct 26, 2012

Enforcing Contractual Damage Calculations Under ERISA: Insights from Cement and Concrete Workers District Council v. Metro Foundation Contractors Introduction The case of Cement and Concrete Workers...

Affirmation of Judicial Review Limitation in FHFA and OCC Directives Impacting PACE Programs

Date: Oct 25, 2012

Affirmation of Judicial Review Limitation in FHFA and OCC Directives Impacting PACE Programs Introduction The case Town of Babylon, Plaintiff–Appellant, v. Federal Housing Finance Agency alongside...

Previous Next