2d Circuit Case Commentaries

Establishing Specificity in Certificates of Appealability: Insights from Matthews v. United States

Date: Jun 15, 2012

Establishing Specificity in Certificates of Appealability: Insights from Matthews v. United States Introduction In the landmark case of Michael Matthews v. United States, 682 F.3d 180 (2d Cir. 2012),...

Clarifying Rule 11 Safe Harbor: Second Circuit Affirms Sanctions in Star Mark v. Koon Chun Case

Date: Jun 14, 2012

Clarifying Rule 11 Safe Harbor: Second Circuit Affirms Sanctions in Star Mark v. Koon Chun Case Introduction The case of Star Mark Management, Inc. v. Koon Chun Hing Kee Soy & Sauce Factory, Ltd....

Ikanos Communications Disclosure Obligations under SEC Regulation S-K Item 303: 2nd Circuit Sets New Precedent

Date: May 26, 2012

Ikanos Communications Disclosure Obligations under SEC Regulation S-K Item 303: 2nd Circuit Sets New Precedent Introduction The legal landscape surrounding securities disclosures is pivotal for...

Statute of Limitations and Summary Judgment in Employment Discrimination: Sotomayor v. NYC DOE

Date: May 25, 2012

Statute of Limitations and Summary Judgment in Employment Discrimination: Sotomayor v. NYC DOE Introduction In the case of Gladys Sotomayor v. City of New York, New York City Department of Education,...

Guidelines for Pro Se In Forma Pauperis Litigants in Effecting Service via U.S. Marshals: Insights from Meilleur v. Strong

Date: May 25, 2012

Guidelines for Pro Se In Forma Pauperis Litigants in Effecting Service via U.S. Marshals: Insights from Meilleur v. Strong Introduction In the case of Leslie Maria Meilleur v. Douglas Strong,...

Clarifying the Per Se Ineffective Assistance Rule: Insights from Abad Elfgeeh v. United States

Date: May 24, 2012

Clarifying the Per Se Ineffective Assistance Rule: Insights from Abad Elfgeeh v. United States Introduction The case of Abad Elfgeeh v. United States, decided by the United States Court of Appeals...

Exhaustion of Administrative Remedies for Continuing Prison Conditions: Johnson v. Killian, 2d Cir. 2012

Date: May 17, 2012

Exhaustion of Administrative Remedies for Continuing Prison Conditions: Johnson v. Killian, 2d Cir. 2012 Introduction Neil Johnson, an incarcerated Muslim inmate at the Federal Correctional...

Weight of Medical Opinions in Social Security Disability Determinations: Jones-Reid v. Astrue

Date: May 15, 2012

Weight of Medical Opinions in Social Security Disability Determinations: Jones-Reid v. Astrue Introduction Jones-Reid v. Astrue is a significant case adjudicated by the United States District Court...

Plain Error Review for Unpreserved Procedural Objections under Rule 32(i)(3)(B): United States v. Wagner–Dano

Date: May 15, 2012

Plain Error Review for Unpreserved Procedural Objections under Rule 32(i)(3)(B): United States v. Wagner–Dano Introduction United States v. Melissa Wagner–Dano, 679 F.3d 83 (2d Cir. 2012), is a...

Reinforcing Fourth Amendment Rights in Child Removal Proceedings: Insights from SOUTHERLAND v. CITY OF NEW YORK

Date: May 15, 2012

Reinforcing Fourth Amendment Rights in Child Removal Proceedings: Insights from SOUTHERLAND v. CITY OF NEW YORK Introduction The case of SOUTHERLAND v. CITY OF NEW YORK (680 F.3d 127, 2nd Cir. 2012)...

Second Circuit Upholds Timely Use of Appraisal Clauses in Insurance Disputes Post-Litigation Initiation

Date: May 11, 2012

Second Circuit Upholds Timely Use of Appraisal Clauses in Insurance Disputes Post-Litigation Initiation Introduction The case of Amerex Group, Inc. v. Lexington Insurance Company et al., decided by...

Second Circuit Defines Scope of Title VII Retaliation and Alter Ego Employer Liability

Date: May 10, 2012

Second Circuit Defines Scope of Title VII Retaliation and Alter Ego Employer Liability Introduction In Martha Diane Townsend, Plaintiff–Cross–Appellee, Karlean Victoria Grey–Allen,...

Redd v. NY State Division of Parole: Appellate Court Reverses Summary Judgment on Hostile Work Environment Claim Under Title VII

Date: May 5, 2012

Redd v. NY State Division of Parole: Appellate Court Reverses Summary Judgment on Hostile Work Environment Claim Under Title VII Introduction Redd v. New York State Division of Parole is a...

Affirmation of Market Participant Exception in Project Labor Agreements: BIECA v. City of New York

Date: May 5, 2012

Affirmation of Market Participant Exception in Project Labor Agreements: BIECA v. City of New York Introduction In the case of The Building Industry Electrical Contractors Association (BIECA) v. The...

Interpretation of Tax Terminology in Offer-In-Compromise Agreements: Sarmiento v. United States

Date: May 3, 2012

Interpretation of Tax Terminology in Offer-In-Compromise Agreements: Sarmiento v. United States Introduction Case: German A. Sarmiento and Aura M. Montoya v. United States of America Court: United...

Restricting Abusive Tactics in BitTorrent Copyright Infringement Litigation

Date: May 2, 2012

Restricting Abusive Tactics in BitTorrent Copyright Infringement Litigation Introduction The case In re: BitTorrent Adult Film Copyright Infringement Cases (296 F.R.D. 80) was adjudicated by Judge...

Ficeto v. Absolute Activist Value Master Fund Limited: Defining 'Domestic Transactions' Under §10(b) of the Securities Exchange Act

Date: Apr 14, 2012

Ficeto v. Absolute Activist Value Master Fund Limited: Defining 'Domestic Transactions' Under §10(b) of the Securities Exchange Act Introduction The case of Absolute Activist Value Master Fund...

Limits of National Stolen Property Act and Economic Espionage Act in Protecting Intangible Trade Secrets: Insights from Aleynikov v. United States

Date: Apr 12, 2012

Limits of National Stolen Property Act and Economic Espionage Act in Protecting Intangible Trade Secrets: Insights from Aleynikov v. United States Introduction United States of America v. Sergey...

Strict Standards for Rule 60(b)(6) Motions: Insights from Stevens v. Da

Date: Apr 11, 2012

Strict Standards for Rule 60(b)(6) Motions: Insights from Stevens v. Da Introduction In Edward Stevens v. Da, 676 F.3d 62 (2d Cir. 2012), the United States Court of Appeals for the Second Circuit...

Clarifying 'By Reason Of' in Federal Bankruptcy Injunctions: Insights from In re Quigley Co. Inc.

Date: Apr 11, 2012

Clarifying 'By Reason Of' in Federal Bankruptcy Injunctions: Insights from In re Quigley Co. Inc. Introduction The case of In re Quigley Company, Inc. Pfizer Inc., Appellant, versus Law Offices of...

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