2d Circuit Case Commentaries

Balancing Defendant's Sixth Amendment Rights with Courtroom Safety: Comprehensive Commentary on Jones v. Murphy

Date: Aug 30, 2012

Balancing Defendant's Sixth Amendment Rights with Courtroom Safety: Comprehensive Commentary on Jones v. Murphy Introduction Jones v. Murphy (694 F.3d 225, 2012) is a pivotal case adjudicated by the...

Second Circuit Upholds 30-Year Sentence in Broxmeyer Case Reinforcing Sentencing Guidelines for Sexual Exploitation

Date: Aug 29, 2012

Second Circuit Upholds 30-Year Sentence in Broxmeyer Case Reinforcing Sentencing Guidelines for Sexual Exploitation Introduction In the landmark case of UNITED STATES of America v. Todd J. Broxmeyer,...

Internet Streaming Does Not Constitute 'Cable System' Under §111: WPIX v. ivi, Inc.

Date: Aug 28, 2012

Internet Streaming Does Not Constitute 'Cable System' Under §111: WPIX v. ivi, Inc. Introduction The appellate case WPIX, Inc. et al. v. ivi, Inc. (691 F.3d 275) adjudicated by the United States...

Deliberate Indifference and Qualified Immunity in School Discrimination Cases: An Analysis of DiStiso v. Wolcott

Date: Aug 22, 2012

Deliberate Indifference and Qualified Immunity in School Discrimination Cases: An Analysis of DiStiso v. Wolcott Introduction The case of Robin DiStiso, as next friend of Nicholas DiStiso, a minor,...

Sovereign Immunity and Post-Judgment Discovery in EM LTD. v. REPUBLIC OF ARGENTINA

Date: Aug 21, 2012

Sovereign Immunity and Post-Judgment Discovery in EM LTD. v. REPUBLIC OF ARGENTINA Introduction The case of EM Ltd., Plaintiff, NML Capital, Ltd., Plaintiff–Appellee, v. Republic of Argentina,...

Second Circuit Upholds New York's Prohibition on Aversive Interventions in Special Education

Date: Aug 21, 2012

Second Circuit Upholds New York's Prohibition on Aversive Interventions in Special Education Introduction In the case of Charles Bryant, indi v. Dually and as next friend and guardian of D.B., A, the...

Contorinis v. United States: Clarifying the Scope of Forfeiture in Insider Trading Cases

Date: Aug 18, 2012

Contorinis v. United States: Clarifying the Scope of Forfeiture in Insider Trading Cases Introduction In the landmark case of Contorinis v. United States, the United States Court of Appeals for the...

Second Circuit Affirms Burden on SSI Claimants to Prove DAA Immateriality

Date: Aug 18, 2012

Second Circuit Affirms Burden on SSI Claimants to Prove Drug and Alcohol Abuse Is Not Material to Disability Determination Introduction Josephine L. Cage v. Commissioner of Social Security is a...

Recognition of Animal Control Organizations as State Actors in §1983 Actions: FABRIKANT v. FRENCH

Date: Aug 17, 2012

Recognition of Animal Control Organizations as State Actors in §1983 Actions: FABRIKANT v. FRENCH Introduction FABRIKANT v. FRENCH is a landmark case adjudicated by the United States Court of Appeals...

Affirmation of Dismissal in Anschutz v. Merrill Lynch: A New Precedent on ARS Market Manipulation and Negligent Misrepresentation

Date: Aug 17, 2012

Affirmation of Dismissal in Anschutz v. Merrill Lynch: A New Precedent on ARS Market Manipulation and Negligent Misrepresentation Introduction The case of The Anschutz Corporation v. Merrill Lynch &...

Interpretation of "Explosive" Under 18 U.S.C. § 844(h)(1): United States v. Larone Graham

Date: Aug 16, 2012

Interpretation of "Explosive" Under 18 U.S.C. § 844(h)(1): United States v. Larone Graham Introduction United States of America v. Larone Graham, 691 F.3d 153 (2nd Cir. 2012), presents a pivotal...

Affirmation of Racketeering Conspiracy Conviction and Validation of Anonymous Jury Procedures in United States v. Antico

Date: Aug 15, 2012

Affirmation of Racketeering Conspiracy Conviction and Validation of Anonymous Jury Procedures in United States v. Antico Introduction The case of United States of America v. Anthony Antico (692 F.3d...

Settlement Class Actions in Securities Fraud: Fraud-on-the-Market Presumption Not Required for Rule 23(b)(3) Certification

Date: Aug 14, 2012

Settlement Class Actions in Securities Fraud: Fraud-on-the-Market Presumption Not Required for Rule 23(b)(3) Certification Introduction The case of In re American International Group, Inc. Securities...

Second Circuit Revises Tenure Retaliation Standards for High School Teachers under FMLA in Donnelly v. Greenburgh

Date: Aug 11, 2012

Second Circuit Revises Tenure Retaliation Standards for High School Teachers under FMLA in Donnelly v. Greenburgh Introduction In Donnelly v. Greenburgh Central School District No. 7, the United...

Circumstantial Evidence Suffices in Age Discrimination Claims: Bucalo v. Shelter Island UFSD

Date: Aug 11, 2012

Circumstantial Evidence Suffices in Age Discrimination Claims: Bucalo v. Shelter Island UFSD Introduction The case of Stephanie BUCALO v. SHELTER ISLAND UNION FREE SCHOOL DISTRICT addresses...

Federal Tort Claims Act Jurisprudence Enhanced in Liranzo v. United States

Date: Aug 10, 2012

Federal Tort Claims Act Jurisprudence Enhanced in Liranzo v. United States Introduction In Liranzo v. United States, 690 F.3d 78 (2d Cir. 2012), the United States Court of Appeals for the Second...

Revisiting Aiding and Abetting Standard in Securities Enforcement: SEC v. Apuzzo

Date: Aug 9, 2012

Revisiting Aiding and Abetting Standard in Securities Enforcement: SEC v. Apuzzo Introduction The case of SEC v. Joseph F. Apuzzo, adjudicated by the United States Court of Appeals for the Second...

Qualified Immunity Upholds Correctional Officials' Actions in Sentencing Calculations

Date: Aug 8, 2012

Qualified Immunity Upholds Correctional Officials' Actions in Sentencing Calculations Introduction The case of Terence Sudler and Timothy Batthany v. City of New York and Others presents a...

Establishing Third-Party Beneficiary Rights in Financial Contracts: Bayerische Landesbank v. Aladdin Capital Management LLC

Date: Aug 7, 2012

Establishing Third-Party Beneficiary Rights in Financial Contracts: Bayerische Landesbank v. Aladdin Capital Management LLC Introduction Bayerische Landesbank, New York Branch v. Aladdin Capital...

Classification of First-Degree Unlawful Restraint as a Violent Felony under the ACCA Affirmed by the Second Circuit

Date: Aug 7, 2012

Classification of First-Degree Unlawful Restraint as a Violent Felony under the ACCA Affirmed by the Second Circuit Introduction Stephen Harrington v. United States of America, adjudicated by the...

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