2d Circuit Case Commentaries

Affirmation of Civil Forfeiture without Innocent-Owner Defense under 19 U.S.C. §1595a

Date: Jun 4, 2011

Affirmation of Civil Forfeiture without Innocent-Owner Defense under 19 U.S.C. §1595a Introduction In the notable case of UNITED STATES of America v. Sharyl R. Davis, the United States Court of...

Second Circuit Upholds FINRA Arbitration Standards in STMicroelectronics v. Credit Suisse Securities

Date: Jun 3, 2011

Second Circuit Upholds FINRA Arbitration Standards in STMicroelectronics v. Credit Suisse Securities Introduction The case of STMicroelectronics, N.V. v. Credit Suisse Securities (USA) LLC addresses...

L-7 Designs v. Old Navy: Establishing the Duty to Negotiate in Good Faith

Date: Jun 2, 2011

L-7 Designs v. Old Navy: Establishing the Duty to Negotiate in Good Faith Introduction L-7 Designs, Inc. v. Old Navy, LLC, 647 F.3d 419 (2d Cir. 2011), is a pivotal case in understanding the...

Standing to Challenge Attorney Disciplinary Decisions: Insights from In re Attorney Disciplinary Appeal

Date: May 28, 2011

Standing to Challenge Attorney Disciplinary Decisions: Insights from In re Attorney Disciplinary Appeal Introduction The case of In re Attorney Disciplinary Appeal (650 F.3d 202) adjudicated by the...

Timeliness and Finality in Rule 60(b)(1) Motions: Second Circuit Affirms Denial to Reopen Closed Copyright Action

Date: May 26, 2011

Timeliness and Finality in Rule 60(b)(1) Motions: Second Circuit Affirms Denial to Reopen Closed Copyright Action Introduction In the case of Margot Niederland v. Amber Tyler Chase, d.b.a. L'Orage...

Affirmation of Habeas Corpus Denial in McKinnon v. Superintendent, Great Meadow Correctional Facility

Date: May 25, 2011

Affirmation of Habeas Corpus Denial in McKinnon v. Superintendent, Great Meadow Correctional Facility Introduction Dyvon McKINNON was convicted in the New York State Supreme Court, Onondaga County,...

Bankruptcy Trustee Immunity and Sanctions for Frivolous Litigation: In re Richard A. Smith

Date: May 21, 2011

Bankruptcy Trustee Immunity and Sanctions for Frivolous Litigation: In re Richard A. Smith Introduction In re Richard A. Smith, Debtor, 645 F.3d 186 (2d Cir. 2011), presents a significant appellate...

Right to Pro Se Representation Affirmed: Leftridge v. Connecticut State Trooper

Date: May 13, 2011

Right to Pro Se Representation Affirmed: Leftridge v. Connecticut State Trooper Introduction Leftridge v. Connecticut State Trooper is a landmark case decided by the United States Court of Appeals...

Refining Underwriter Liability: Second Circuit Affirms Dismissal of Rating Agencies' Liability in Mortgage-Backed Securities Litigation

Date: May 12, 2011

Refining Underwriter Liability: Second Circuit Affirms Dismissal of Rating Agencies' Liability in Mortgage-Backed Securities Litigation Introduction The appellate case, In re LEHMAN BROTHERS...

Affirmation of New York’s Tax Regulation on Tribal Cigarette Sales: A Comprehensive Analysis

Date: May 10, 2011

Affirmation of New York’s Tax Regulation on Tribal Cigarette Sales: A Comprehensive Analysis Introduction The case of Oneida Nation of New York et al. v. Andrew M. Cuomo, adjudicated by the United...

HALEBIAN v. BERV: Reaffirming the Business Judgment Rule in Derivative Suits under Massachusetts Law

Date: May 7, 2011

HALEBIAN v. BERV: Reaffirming the Business Judgment Rule in Derivative Suits under Massachusetts Law Introduction HALEBIAN v. BERV, adjudicated by the United States Court of Appeals for the Second...

Second Circuit Affirms Non-Compensability of Commute Time under FLSA but Remands Unpaid Overtime Claims for Trial

Date: May 6, 2011

Second Circuit Affirms Non-Compensability of Commute Time under FLSA but Remands Unpaid Overtime Claims for Trial Introduction In Greg Kuebel v. Black Decker Inc., 643 F.3d 352 (2d Cir. 2011), the...

Second Circuit Upholds 'Strong Basis in Evidence' Standard for Race-Conscious Remedies in Title VII: Insights from Ricci Precedent

Date: May 6, 2011

Second Circuit Upholds 'Strong Basis in Evidence' Standard for Race-Conscious Remedies in Title VII: Insights from Ricci Precedent Introduction In the landmark decision of Ricci v. DeStefano, the...

Affirmation of Absolute and Unconditional Guaranties: HSH Nordbank AG v. Street and Cohen

Date: May 5, 2011

Affirmation of Absolute and Unconditional Guaranties: HSH Nordbank AG v. Street and Cohen Introduction The case of HSH Nordbank AG New York Branch v. Brian Street and James Cohen was adjudicated by...

Default Judgment Upheld: Forfeiture of Personal Jurisdiction Defense in Firearms Nuisance Litigation

Date: May 5, 2011

Default Judgment Upheld: Forfeiture of Personal Jurisdiction Defense in Firearms Nuisance Litigation Introduction In the appellate case The City of New York v. Mickalis Pawn Shop, LLC, et al., the...

Affirmation of Conviction in Persico v. United States: Establishing Precedents in Organized Crime Prosecutions

Date: May 4, 2011

Affirmation of Conviction in Persico v. United States: Establishing Precedents in Organized Crime Prosecutions Introduction UNITED STATES of America v. Alphonse T. Persico and John J. DeRoss (645...

Affirmation of Summary Judgment in Guerra v. Jones: Implications for Discrimination and Stigma-Plus Claims under Title VII and ADEA

Date: Apr 29, 2011

Affirmation of Summary Judgment in Guerra v. Jones: Implications for Discrimination and Stigma-Plus Claims under Title VII and ADEA Introduction Guerra v. Jones is a pivotal case adjudicated by the...

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