2d Circuit Case Commentaries

Tribal Sovereign Immunity and Property Taxation: Insights from ONEIDA INDIAN NATION OF NEW YORK v. MADISON COUNTY and Oneida County

Date: Oct 21, 2011

Tribal Sovereign Immunity and Property Taxation: Insights from ONEIDA INDIAN NATION OF NEW YORK v. MADISON COUNTY and Oneida County Introduction The case of ONEIDA INDIAN NATION OF NEW YORK v....

Presumption of Prudence Affirmed for ERISA Fiduciaries in Employee Stock Investments

Date: Oct 20, 2011

Presumption of Prudence Affirmed for ERISA Fiduciaries in Employee Stock Investments Introduction In the landmark decision of IN RE CITIGROUP ERISA LITIGATION, the United States Court of Appeals for...

Affirming Frivolity of Absolute Prosecutorial Immunity Claims under 28 U.S.C. § 1915(g): Collazo v. Pagano

Date: Oct 18, 2011

Affirming Frivolity of Absolute Prosecutorial Immunity Claims under 28 U.S.C. § 1915(g): Collazo v. Pagano Introduction In the case of Steven Collazo v. James Pagano et al., adjudicated by the United...

ROJAS v. ROMAN CATHOLIC DIOCESE OF ROCHESTER: Affirmation of Summary Judgment on Title VII Claims Due to Contradictory Evidence

Date: Oct 5, 2011

ROJAS v. ROMAN CATHOLIC DIOCESE OF ROCHESTER: Affirmation of Summary Judgment on Title VII Claims Due to Contradictory Evidence Introduction ROJAS v. ROMAN CATHOLIC DIOCESE OF ROCHESTER is a...

Comprehensive Commentary on Devin Keitt v. New York City et al.

Date: Sep 30, 2011

Judicial Analysis: Eminent Authority on ADA Accommodations Established in Devin Keitt v. New York City et al. Introduction The case of Devin Keitt v. New York City, et al. (882 F. Supp. 2d 412, 2011)...

Second Circuit Clarifies 'Prostitution' for Aggravated Felony Under INA: Prus v. Holder

Date: Sep 29, 2011

Second Circuit Clarifies 'Prostitution' for Aggravated Felony Under INA: Prus v. Holder Introduction The case of Oksana Nikolayevna Prus v. Holder addresses a pivotal issue in immigration law: the...

Supplemental Jurisdiction in Employment Class Actions: Shahriar v. Smith & Wollensky

Date: Sep 27, 2011

Supplemental Jurisdiction in Employment Class Actions: Shahriar v. Smith & Wollensky Introduction In the landmark case of Salim Shahriar, Muhammad Islam, and Mary Harvey v. Smith & Wollensky...

Second Circuit Establishes Limits on Legal Counsel's Fiduciary Duties in Class Actions

Date: Sep 27, 2011

Second Circuit Establishes Limits on Legal Counsel's Fiduciary Duties in Class Actions Introduction In the landmark case of Johnson et al. v. Dually et al., the United States Court of Appeals for the...

Defining "Customer" in FINRA Arbitration: UBS Financial Services v. West Virginia University Hospitals

Date: Sep 23, 2011

Defining "Customer" in FINRA Arbitration: UBS Financial Services v. West Virginia University Hospitals Introduction In the landmark case of UBS Financial Services, Inc. v. West Virginia University...

Summary Judgment in Employment Discrimination Claims: Martinez v. State of Connecticut State Library

Date: Sep 22, 2011

Summary Judgment in Employment Discrimination Claims: Martinez v. State of Connecticut State Library Introduction In the case of Nilda Martinez v. State of Connecticut State Library (817 F. Supp. 2d...

Affirmation of Extraterritorial Jurisdiction in Conspiracies to Support Terrorism: United States v. Monzer Al Kassar et al.

Date: Sep 22, 2011

Affirmation of Extraterritorial Jurisdiction in Conspiracies to Support Terrorism: United States v. Monzer Al Kassar et al. Introduction The case of United States of America v. Monzer Al Kassar a/k/a...

Archer v. United States: Clarifying Specific Evidence for Sentencing Enhancements and Restitution under MVRA

Date: Sep 21, 2011

Archer v. United States: Clarifying Specific Evidence for Sentencing Enhancements and Restitution under MVRA Introduction In United States v. Thomas Archer, decided by the United States Court of...

Severance of Felon-in-Possession Charges: United States v. Anthony Page

Date: Sep 17, 2011

Severance of Felon-in-Possession Charges: United States v. Anthony Page Introduction The case of United States v. Anthony Page, decided by the United States Court of Appeals for the Second Circuit on...

Exhaustion of Administrative Remedies Under PLRA: A Comprehensive Analysis of Hill v. Curcione et al.

Date: Sep 16, 2011

Exhaustion of Administrative Remedies Under PLRA: A Comprehensive Analysis of Hill v. Curcione et al. Introduction Mashama Hill v. Curcione, Chawer, Williams, Atkins, Hohensee is a pivotal case...

Application of New York’s Contemporaneous Objection Rule in Sixth Amendment Habeas Claims: Analysis of E v. Downs

Date: Sep 15, 2011

Application of New York’s Contemporaneous Objection Rule in Sixth Amendment Habeas Claims: Analysis of E v. Downs Introduction The case of Everett Downs v. Superintendent William Lape, decided on...

Second Circuit Affirms USERRA Protections: Reemployment Position Must Consider Pre-Service Business Volume in Commission-Based Roles – Serricchio v. Wachovia Securities LLC

Date: Sep 14, 2011

Second Circuit Affirms USERRA Protections: Reemployment Position Must Consider Pre-Service Business Volume in Commission-Based Roles – Serricchio v. Wachovia Securities LLC Introduction In the...

Statute of Limitations under the FTCA: A.Q.C. v. United States – A Comprehensive Analysis

Date: Sep 9, 2011

Statute of Limitations under the FTCA: A.Q.C. v. United States – A Comprehensive Analysis Introduction The case A.Q.C., an infant, by her mother and natural guardian, Paquita Castillo,...

Affirmation of Contractual Releases in the Absence of Economic Duress: Interpharm v. Wells Fargo

Date: Aug 27, 2011

Affirmation of Contractual Releases in the Absence of Economic Duress: Interpharm v. Wells Fargo Introduction The case of Interpharm, Inc. v. Wells Fargo Bank, National Association (655 F.3d 136, 2d...

Attorney-Client Privilege Waiver in Monitored Communications: United States v. Rodriguez

Date: Aug 26, 2011

Attorney-Client Privilege Waiver in Monitored Communications: United States v. Rodriguez Introduction In the landmark case of United States v. Rodriguez, the United States Court of Appeals for the...

Naked Licensing and Partial Abandonment of Trademarks: A Comprehensive Analysis of Patsy's Italian Restaurant, Inc. v. Banas

Date: Aug 25, 2011

Naked Licensing and Partial Abandonment of Trademarks: A Comprehensive Analysis of Patsy's Italian Restaurant, Inc. v. Banas Introduction The case of Patsy's Italian Restaurant, Inc. v. Anthony Banas...

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