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  • Commentaries
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2d Circuit Case Commentaries

Qualified Immunity Affirmed for Superintendent in §1983 Due Process Claim: Coollick v. Hughes

Qualified Immunity Affirmed for Superintendent in §1983 Due Process Claim: Coollick v. Hughes

Date: Oct 25, 2012
Qualified Immunity Affirmed for Superintendent in §1983 Due Process Claim: Coollick v. Hughes Introduction Coollick v. Hughes, 699 F.3d 211 (2d Cir. 2012), marks a significant appellate decision...
Section 3 of Defense of Marriage Act Unconstitutional: The Windsor Decision

Section 3 of Defense of Marriage Act Unconstitutional: The Windsor Decision

Date: Oct 19, 2012
Section 3 of Defense of Marriage Act Unconstitutional: The Windsor Decision Introduction In the landmark case of Edith Windsor v. United States of America, the United States Court of Appeals for the...
Second Circuit Establishes Enhanced Standards for SSI Intellectual Disability Claims

Second Circuit Establishes Enhanced Standards for SSI Intellectual Disability Claims

Date: Oct 12, 2012
Second Circuit Establishes Enhanced Standards for SSI Intellectual Disability Claims Introduction The case of Christina Talavera v. Michael J. Astrue, Commissioner of Social Security (697 F.3d 145)...
Fraudulent Inducement and Arbitration Clauses: Insights from IPCON Collections LLC v. Costco Wholesale Corp.

Fraudulent Inducement and Arbitration Clauses: Insights from IPCON Collections LLC v. Costco Wholesale Corp.

Date: Oct 10, 2012
Fraudulent Inducement and Arbitration Clauses: Insights from IPCON Collections LLC v. Costco Wholesale Corp. Introduction The appellate case IPCON Collections LLC v. Costco Wholesale Corp., reported...
Clarifying Inquiry Notice and Statute of Limitations in RICO Actions: Analysis of Koch v. Christie's International PLC

Clarifying Inquiry Notice and Statute of Limitations in RICO Actions: Analysis of Koch v. Christie's International PLC

Date: Oct 5, 2012
Clarifying Inquiry Notice and Statute of Limitations in RICO Actions: Analysis of Koch v. Christie's International PLC Introduction The case of William I. Koch v. Christie's International PLC...
Clarifying Declaratory Judgment Jurisdiction in Admiralty through Agency Disputes: Analysis of GFK v. AM

Clarifying Declaratory Judgment Jurisdiction in Admiralty through Agency Disputes: Analysis of GFK v. AM

Date: Oct 3, 2012
Clarifying Declaratory Judgment Jurisdiction in Admiralty through Agency Disputes: Analysis of GFK v. AM Introduction In the case of Garanti Finansal Kiralama A.S. (GFK) v. Aqua Marine & Trading Inc....
Second Circuit Establishes Standards for 'Now Settled' Defense Under Hague Convention

Second Circuit Establishes Standards for 'Now Settled' Defense Under Hague Convention

Date: Oct 2, 2012
Second Circuit Establishes Standards for 'Now Settled' Defense Under Hague Convention Introduction In Manuel Jose Lozano v. Diana Lucia Montoya Alvarez, 697 F.3d 41 (2d Cir. 2012), the United States...
Admissibility of Prosecutorial Charging Decisions and Witness Credibility: United States v. Lance White

Admissibility of Prosecutorial Charging Decisions and Witness Credibility: United States v. Lance White

Date: Sep 29, 2012
Admissibility of Prosecutorial Charging Decisions and Witness Credibility: United States v. Lance White Introduction In United States of America v. Lance White (692 F.3d 235, 2nd Cir. 2012), the...
Affirmation of ALJ's Substantial Evidence in Disability Claims: Taylor v. Social Security Commissioner

Affirmation of ALJ's Substantial Evidence in Disability Claims: Taylor v. Social Security Commissioner

Date: Sep 27, 2012
Affirmation of ALJ's Substantial Evidence in Disability Claims: Taylor v. Social Security Commissioner Introduction The case of Keith Taylor v. Michael J. Astrue, Commissioner of Social Security (32...
Enhancing Residual Functional Capacity Assessments in Social Security Disability Claims: Petersen v. Astrue

Enhancing Residual Functional Capacity Assessments in Social Security Disability Claims: Petersen v. Astrue

Date: Sep 26, 2012
Enhancing Residual Functional Capacity Assessments in Social Security Disability Claims: Petersen v. Astrue Introduction Craig Petersen filed a lawsuit against Michael J. Astrue, Commissioner of...
Default Judgment in Gunawan v. Sake Sushi: Affirming FLSA and NYLL Protections for Unpaid Wages and Improper Tip Deductions

Default Judgment in Gunawan v. Sake Sushi: Affirming FLSA and NYLL Protections for Unpaid Wages and Improper Tip Deductions

Date: Sep 25, 2012
Default Judgment in Gunawan v. Sake Sushi: Affirming FLSA and NYLL Protections for Unpaid Wages and Improper Tip Deductions Introduction In the case of Fanny “Fei Fei” Gunawan v. Sake Sushi...
Prospective Evaluation of IEPs Under IDEA: Insights from R.E., Indi v. Dually

Prospective Evaluation of IEPs Under IDEA: Insights from R.E., Indi v. Dually

Date: Sep 21, 2012
Prospective Evaluation of IEPs Under IDEA: Insights from R.E., Indi v. Dually Introduction The case of R.E., Indi v. Dually, adjudicated by the United States Court of Appeals for the Second Circuit...
Prosecutorial Absolute Immunity in Investigative Interrogations: Giraldo v. Kessler

Prosecutorial Absolute Immunity in Investigative Interrogations: Giraldo v. Kessler

Date: Sep 15, 2012
Prosecutorial Absolute Immunity in Investigative Interrogations: Giraldo v. Kessler Introduction In the landmark case of Karla Giraldo v. Scott Evan Kessler, the United States Court of Appeals for...
Enhanced Standards for Imposing Sanctions Under Federal Rule 37: Insights from World Wide Polymers v. Shinkong Synthetic Fibers

Enhanced Standards for Imposing Sanctions Under Federal Rule 37: Insights from World Wide Polymers v. Shinkong Synthetic Fibers

Date: Sep 15, 2012
Enhanced Standards for Imposing Sanctions Under Federal Rule 37: Insights from World Wide Polymers v. Shinkong Synthetic Fibers Introduction World Wide Polymers, Inc. v. Shinkong Synthetic Fibers...
Official Duties and First Amendment Protections: Analyzing Ross v. Breslin

Official Duties and First Amendment Protections: Analyzing Ross v. Breslin

Date: Sep 11, 2012
Official Duties and First Amendment Protections: Analyzing Ross v. Breslin Introduction The case of Risa A. Ross, Plaintiff–Appellee, v. Peter F. Breslin, E. (693 F.3d 300) presents a critical...
Enforceability of Post-Enrollment Arbitration Clauses: Second Circuit Upholds Consumer Protections

Enforceability of Post-Enrollment Arbitration Clauses: Second Circuit Upholds Consumer Protections

Date: Sep 8, 2012
Enforceability of Post-Enrollment Arbitration Clauses: Second Circuit Upholds Consumer Protections Introduction In the case of Lucy Schnabel, Edward Schnabel, & Brian Schnabel v. Trilegiant...
Class Standing and Injury Pluring §11 Claims in NECA–IBEW v. Goldman Sachs: A Precedential Analysis

Class Standing and Injury Pluring §11 Claims in NECA–IBEW v. Goldman Sachs: A Precedential Analysis

Date: Sep 7, 2012
Class Standing and Injury in §11 Claims: Insights from NECA–IBEW v. Goldman Sachs Introduction In the landmark case NECA–IBEW Health & Welfare Fund v. Goldman Sachs & Co., the United States Court of...
Second Circuit Expands FOIA Exemption 6 to Withhold Duty-Station Information of Federal Employees

Second Circuit Expands FOIA Exemption 6 to Withhold Duty-Station Information of Federal Employees

Date: Sep 6, 2012
Second Circuit Expands FOIA Exemption 6 to Withhold Duty-Station Information of Federal Employees Introduction The case of Susan B. Long and David Burnham v. Office of Personnel Management (OPM)...
Equitable Mootness in Bankruptcy Reorganization: Insights from IN RE CHARTER COMMUNICATIONS, Inc. R2 Investments, LDC

Equitable Mootness in Bankruptcy Reorganization: Insights from IN RE CHARTER COMMUNICATIONS, Inc. R2 Investments, LDC

Date: Sep 1, 2012
Equitable Mootness in Bankruptcy Reorganization: Insights from IN RE CHARTER COMMUNICATIONS, Inc. R2 Investments, LDC Introduction The case of IN RE CHARTER COMMUNICATIONS, Inc. R2 Investments, LDC...
False and Misleading Debt Collection Practices Under FDCPA: Insights from Easterling v. Collecto, Inc.

False and Misleading Debt Collection Practices Under FDCPA: Insights from Easterling v. Collecto, Inc.

Date: Aug 31, 2012
False and Misleading Debt Collection Practices Under FDCPA: Insights from Easterling v. Collecto, Inc. Introduction The case of Berlincia Easterling v. Collecto, Inc., decided by the United States...
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