2d Circuit Case Commentaries

Asset Turnover for Terrorism Judgments: Peterson v. Islamic Republic of Iran

Date: Jul 10, 2014

Asset Turnover for Terrorism Judgments: Peterson v. Islamic Republic of Iran Introduction The case of Peterson et al. v. Islamic Republic of Iran (758 F.3d 185) adjudicated by the United States Court...

Residual Functional Capacity and Harmless Error in Disability Determinations: McIntyre v. Colvin

Date: Jul 8, 2014

Residual Functional Capacity and Harmless Error in Disability Determinations: McIntyre v. Colvin Introduction In the case of Wanda Gonzalez McINTYRE v. Carolyn W. Colvin, Acting Commissioner of...

Affirmation of Standing Requirements in Mortgage Assignment Challenges: Rajamin v. Deutsche Bank National Trust Co.

Date: Jul 1, 2014

Affirmation of Standing Requirements in Mortgage Assignment Challenges: Rajamin v. Deutsche Bank National Trust Co. Introduction In Rajamin v. Deutsche Bank National Trust Co. (757 F.3d 79, 2nd Cir....

Strict Compliance with Rule 50(a) for Post-Trial Relief: UPS v. ING Global

Date: Jul 1, 2014

Strict Compliance with Rule 50(a) for Post-Trial Relief: UPS v. ING Global Introduction The case ING Global v. United Parcel Service Oasis Supply Corporation, docket number 13–489–cv, adjudicated by...

Second Circuit Establishes Single Integrated Enterprise Standard for Employer Liability in Discrimination Claims: Brown v. Daikin America

Date: Jun 28, 2014

Second Circuit Establishes Single Integrated Enterprise Standard for Employer Liability in Discrimination Claims: Brown v. Daikin America Introduction The case of Todd Brown, Plaintiff–Appellant, v....

Second Circuit Upholds Statute of Limitations and Rejects Trust Fund Liability for CERCLA Cleanup Costs in Asarco LLC v. Ne

Date: Jun 26, 2014

Second Circuit Upholds Statute of Limitations and Rejects Trust Fund Liability for CERCLA Cleanup Costs in Asarco LLC v. Ne Introduction The case of Asarco LLC v. Ne, 756 F.3d 191 (2d Cir. 2014),...

Affirmation of Dismissal: Proper Compliance with QWR Requirements Under RESPA

Date: Jun 25, 2014

Affirmation of Dismissal: Proper Compliance with QWR Requirements Under RESPA Introduction In the case of Patricia Roth v. CitiMortgage Inc., adjudicated by the United States Court of Appeals for the...

Affirmation of District Court's Discretion on Post-Plea Right to Counsel: Kerr v. United States

Date: Jun 19, 2014

Affirmation of District Court's Discretion on Post-Plea Right to Counsel: Kerr v. United States Introduction The case of United States of America v. Desmond Kerr ([752 F.3d...

United States v. Ganias: Prohibition of Indefinite Retention of Non-responsive Computer Files Under the Fourth Amendment

Date: Jun 18, 2014

United States v. Ganias: Prohibition of Indefinite Retention of Non-responsive Computer Files Under the Fourth Amendment Introduction In the landmark case of United States v. Stavros M. Ganias,...

Affirmation of Retroactivity Standards in Immigration Statutes: Centurion v. Holder

Date: Jun 18, 2014

Affirmation of Retroactivity Standards in Immigration Statutes: Centurion v. Holder Introduction In the case of Charles William Centurion v. Eric H. Holder, Jr., argued before the United States Court...

HathiTrust Digital Library and the Scope of Fair Use: A Comprehensive Analysis of Authors Guild v. HathiTrust

Date: Jun 11, 2014

HathiTrust Digital Library and the Scope of Fair Use: A Comprehensive Analysis of Authors Guild v. HathiTrust Introduction The case of Authors Guild, Inc. et al. v. HathiTrust (755 F.3d 87)...

Extending Duty to Defend in Employee Benefits Liability: Euchner-USA, Inc. v. Hartford Casualty Insurance Co.

Date: Jun 11, 2014

Extending Duty to Defend in Employee Benefits Liability: Euchner-USA, Inc. v. Hartford Casualty Insurance Co. Introduction The case of Euchner-USA, Inc., Michael Ladd, Euchner-USA, Inc. 401-K Plan...

Second Circuit's Interpretation of Settlement Agreement Terms in WTC Disaster Litigation Sets New Precedent

Date: Jun 10, 2014

Second Circuit's Interpretation of Settlement Agreement Terms in WTC Disaster Litigation Sets New Precedent Introduction The aftermath of the September 11, 2001, attacks on the World Trade Center led...

Limits of Copyright Protection for Architectural Works: Zalewski v. Cicero Builder Dev.

Date: Jun 6, 2014

Limits of Copyright Protection for Architectural Works: Zalewski v. Cicero Builder Dev. Introduction In the case of James E. Zalewski, Draftics, Ltd., Plaintiffs–Appellants v. Cicero Builder Dev.,...

Jurisdictional Limits in Enforcing Settlement Agreements: StreetEasy Inc. v. Douglas Chertok

Date: Jun 6, 2014

Jurisdictional Limits in Enforcing Settlement Agreements: StreetEasy Inc. v. Douglas Chertok Introduction StreetEasy, Inc. v. Douglas Chertok is a significant case adjudicated by the United States...

Clarifying Extraterritorial Application of U.S. Antitrust Law: LOTES v. HON HAI Precision Industry

Date: Jun 5, 2014

Clarifying Extraterritorial Application of U.S. Antitrust Law: LOTES Co., Ltd. v. Hon Hai Precision Industry Co., Ltd. United States Court of Appeals, Second Circuit, 2014 Introduction The case of...

Heckman v. Town of Hempstead: Dismissal of ADA Claims and Remand of Procedural Due Process Issues

Date: Jun 4, 2014

Heckman v. Town of Hempstead: Dismissal of ADA Claims and Remand of Procedural Due Process Issues Introduction In the case of Henry Heckman v. The Town of Hempstead, the United States Court of...

Affirmation of Rule 68 Cost-Shifting in Excessive Force Under § 1983: The Stanczyk v. City of New York Decision

Date: Jun 4, 2014

Affirmation of Rule 68 Cost-Shifting in Excessive Force Under § 1983: The Stanczyk v. City of New York Decision Introduction The case of Anna Stanczyk v. City of New York presents significant...

Fair Use Precedent Affirmed in SWATCH GROUP Management Services Ltd. v. Bloomberg L.P.

Date: May 31, 2014

Fair Use Precedent Affirmed in SWATCH GROUP Management Services Ltd. v. Bloomberg L.P. Introduction The case of The SWATCH GROUP MANAGEMENT SERVICES LTD. v. BLOOMBERG L.P. addresses the boundaries of...

Second Circuit Reinforces Fair Trial Standards: Vacating CES Convictions Due to Prosecutorial Misconduct and Evidentiary Errors

Date: May 29, 2014

Second Circuit Reinforces Fair Trial Standards: Vacating CES Convictions Due to Prosecutorial Misconduct and Evidentiary Errors Introduction In the case of United States of America v. Certified...