2d Circuit Case Commentaries

Sanctions in Civil Litigation: Insights from Enmon v. Prospect Capital Corporation

Date: Apr 7, 2012

Sanctions in Civil Litigation: Insights from Enmon v. Prospect Capital Corporation Introduction In the landmark case Enmon v. Prospect Capital Corporation, the United States Court of Appeals for the...

Second Circuit Reinforces Strict Standards for Associational Standing in ADA and Rehabilitation Act Cases

Date: Apr 7, 2012

Second Circuit Reinforces Strict Standards for Associational Standing in ADA and Rehabilitation Act Cases Introduction The case of Disability Advocates, Inc. v. New York Coalition for Quality...

Qualified Immunity and Procedural Due Process in Civil Commitment: Insights from Ahlers v. Rabinowitz

Date: Apr 7, 2012

Qualified Immunity and Procedural Due Process in Civil Commitment: Insights from Ahlers v. Rabinowitz Introduction Ahlers v. Rabinowitz, 684 F.3d 53 (2d Cir. 2012), addresses the intersection of...

Anderson News v. Defendants: Second Circuit Reinforces Plausibility Standard in Antitrust Conspiracy Claims

Date: Apr 4, 2012

Anderson News v. Defendants: Second Circuit Reinforces Plausibility Standard in Antitrust Conspiracy Claims Introduction Anderson News, L.L.C., Lloyd T. Whitaker, as the Assignee under an Assignment...

Louis Vuitton v. LY USA: Affirming Attorney’s Fee Awards in Trademark Infringement Cases with Statutory Damages

Date: Mar 30, 2012

Louis Vuitton v. LY USA: Affirming Attorney’s Fee Awards in Trademark Infringement Cases with Statutory Damages Introduction In the landmark case of Louis Vuitton Malletier S.A. v. LY USA, Inc., the...

Second Circuit Clarifies Standards for Reviewing Future Persecution Claims in Asylum Cases: Huang v. Holder

Date: Mar 28, 2012

Second Circuit Clarifies Standards for Reviewing Future Persecution Claims in Asylum Cases: Huang v. Holder Introduction The case of Hui Lin Huang and Zeng Yong Zhou v. Eric H. Holder, Jr., United...

Protecting Student Expression: The CUFF v. VALLEY CENTRAL SCHOOL DISTRICt Decision

Date: Mar 23, 2012

Protecting Student Expression: The CUFF v. VALLEY CENTRAL SCHOOL DISTRICt Decision Introduction In CUFF v. VALLEY CENTRAL SCHOOL DISTRICt, the United States Court of Appeals for the Second Circuit...

Bigio v. Coca-Cola: Affirming Corporate Separation and Limiting Secondary Liability

Date: Mar 20, 2012

Bigio v. Coca-Cola: Affirming Corporate Separation and Limiting Secondary Liability Introduction The case of Raphael Bigio, Bahia Bigio, Ferial Salma Bigio, B. Bigio & Company v. The Coca-Cola...

Adverse Employment Action and Equal Protection in Police Discipline: Analyzing Curtis Brown v. City of Syracuse

Date: Mar 14, 2012

Adverse Employment Action and Equal Protection in Police Discipline: Analyzing Curtis Brown v. City of Syracuse Introduction The case of Curtis Brown v. City of Syracuse examines the intersection of...

Hilton v. Wright: Reevaluating Qualified Immunity in Eighth Amendment Medical Negligence Claims

Date: Mar 10, 2012

Hilton v. Wright: Reevaluating Qualified Immunity in Eighth Amendment Medical Negligence Claims Introduction Hilton v. Wright is a pivotal case adjudicated by the United States Court of Appeals for...

Federal Preemption and Judicial Abstention in NIAGARA MOHAWK v. Hudson River–Black River Regulating District

Date: Mar 8, 2012

Federal Preemption and Judicial Abstention in NIAGARA MOHAWK v. Hudson River–Black River Regulating District Introduction In the case of NIAGARA MOHAWK POWER CORPORATION, dba National Grid v. HUDSON...

Second Circuit Clarifies 28 U.S.C. §1782’s 'For Use' Provision: Admissibility in Foreign Proceedings Not Mandatory

Date: Mar 7, 2012

Second Circuit Clarifies 28 U.S.C. §1782’s 'For Use' Provision: Admissibility in Foreign Proceedings Not Mandatory Introduction In the landmark case of Anselm Brandi–Dohrn v. IKB Deutsche...

Establishing Personal Jurisdiction Over Foreign Banks Through Correspondent Accounts: Insights from Yaako v. LICCI

Date: Mar 6, 2012

Establishing Personal Jurisdiction Over Foreign Banks Through Correspondent Accounts: Insights from Yaako v. LICCI Introduction The case of Yaako v. LICCI, adjudicated by the United States Court of...

Reversing the Grant of a New Trial in Tortious Interference Case: Raedle v. Credit Agricole Indosuez

Date: Feb 29, 2012

Reversing the Grant of a New Trial in Tortious Interference Case: Raedle v. Credit Agricole Indosuez Introduction The case of William F. Raedle v. Credit Agricole Indosuez involves a legal battle...

Second Circuit Extends Van Dusen Principles on Choice of Law to Bankruptcy Claims Originating in Out-of-State Proceedings

Date: Feb 29, 2012

Second Circuit Extends Van Dusen Principles on Choice of Law to Bankruptcy Claims Originating in Out-of-State Proceedings Introduction In the case of Statek Corporation v. Development Specialists,...

Confrontation Clause and Evidentiary Standards: The Vega v. Walsh Decision

Date: Feb 18, 2012

Confrontation Clause and Evidentiary Standards: The Vega v. Walsh Decision Introduction The case of Henry Vega v. James Walsh addresses critical issues pertaining to the Sixth Amendment's...

Affirming Intangible Property Rights as Extortion Under the Hobbs Act: United States v. Coppola

Date: Feb 15, 2012

Affirming Intangible Property Rights as Extortion Under the Hobbs Act: United States v. Coppola Introduction United States v. Michael Coppola, decided by the United States Court of Appeals for the...

Depraved Indifference Murder: Evidentiary Sufficiency and Habeas Corpus Standards in Garbutt v. Conway

Date: Feb 10, 2012

Depraved Indifference Murder: Evidentiary Sufficiency and Habeas Corpus Standards in Garbutt v. Conway Introduction Garbutt v. Conway, 668 F.3d 79 (2d Cir. 2012), represents a significant appellate...

Clarifying Evident Partiality Standards in Arbitration: Second Circuit Reverses Vacatur Based on Undisclosed Concurrent Arbitrator Service

Date: Feb 4, 2012

Clarifying Evident Partiality Standards in Arbitration: Second Circuit Reverses Vacatur Based on Undisclosed Concurrent Arbitrator Service Introduction In the case of Scandinavian Reinsurance Company...

Clarifying the Judicial Role in Qualified Immunity: Insights from LORE v. CITY OF SYRACUSE

Date: Feb 3, 2012

Clarifying the Judicial Role in Qualified Immunity: Insights from LORE v. CITY OF SYRACUSE Introduction In the landmark case of Therese Lore, Plaintiff–Appellee–Cross–Appellant v. City of Syracuse,...

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