2d Circuit Case Commentaries

Enforcement of Appeal Waivers: Extending Scope to Rule 32 Errors and Interpreter Absence – United States v. Vigil

Date: Dec 22, 2010

Enforcement of Appeal Waivers: Extending Scope to Rule 32 Errors and Interpreter Absence – United States v. Vigil Introduction In the landmark decision of United States v. Vigil, the United States...

Second Circuit Affirms FISA's 'Significant Purpose' Standard Post-PATRIOT Act

Date: Dec 21, 2010

Second Circuit Affirms FISA's 'Significant Purpose' Standard Post-PATRIOT Act Introduction In United States of America v. Hassan Abu-Jihaad, the United States Court of Appeals for the Second Circuit...

Laches Doctrine Affirmed in Trademark Infringement Case: RBC Nice Bearings, Inc. v. Peer Bearing Company

Date: Dec 16, 2010

Laches Doctrine Affirmed in Trademark Infringement Case: RBC Nice Bearings, Inc. v. Peer Bearing Company Introduction The case of RBC Nice Bearings, Inc., Roller Bearing Company of America...

Due Process Implications in the Retroactive Application of the TVPA: United States v. Marcus

Date: Dec 8, 2010

Due Process Implications in the Retroactive Application of the TVPA: United States v. Marcus Introduction In United States v. Glenn Marcus, 628 F.3d 36 (2d Cir. 2010), the United States Court of...

Comprehensive Commentary on Fuller v. Astrue: Upholding Substantial Evidence in Social Security Disability Claims

Date: Dec 7, 2010

Court Reaffirms Necessity for Comprehensive Evidence in Social Security Disability Claims: Fuller v. Astrue Introduction In the landmark case of Sandra Decker Fuller v. Michael J. Astrue,...

City of New York v. Hamilton et al.: Affirming Summary Judgment in Employment Discrimination Case

Date: Dec 4, 2010

City of New York v. Hamilton et al.: Affirming Summary Judgment in Employment Discrimination Case Introduction The case of Estate of Paulette Hamilton, Subhash Naik, Gamal Hanna, and Nivine...

Strict Adherence to Contemporaneous Time Records for Attorney's Fees Under FLSA Established in SCOTT v. CITY OF NEW YORK

Date: Dec 2, 2010

Strict Adherence to Contemporaneous Time Records for Attorney's Fees Under FLSA Established in SCOTT v. CITY OF NEW YORK Introduction In Keenan Scott, et al. v. City of New York (626 F.3d 130), the...

Enhanced Standards for Standing and Pleading in Securities Class Actions: Public Employees' Retirement System of Mississippi v. Merrill Lynch Co. Inc.

Date: Dec 2, 2010

Enhanced Standards for Standing and Pleading in Securities Class Actions: Public Employees' Retirement System of Mississippi v. Merrill Lynch Co. Inc. Introduction Public Employees' Retirement System...

Waiver of Arbitration Rights through Prolonged Litigation: Insights from LSED v. Merrill Lynch

Date: Nov 23, 2010

Waiver of Arbitration Rights through Prolonged Litigation: Insights from LSED v. Merrill Lynch Introduction The case of Louisiana Stadium Exposition District (LSED) and the State of Louisiana v....

Denial of Constitutional Right to Post-Conviction DNA Testing Established in McKITHEN v. BROWN

Date: Nov 20, 2010

Denial of Constitutional Right to Post-Conviction DNA Testing Established in McKITHEN v. BROWN Introduction McKITHEN v. BROWN, 626 F.3d 143 (2010), is a pivotal case in the landscape of...

Admissibility of Hearsay in Preliminary Injunctions: Second Circuit Affirms Protections Against Retaliation under FLSA

Date: Nov 17, 2010

Admissibility of Hearsay in Preliminary Injunctions: Second Circuit Affirms Protections Against Retaliation under FLSA Introduction The case of Edward D. Mullins, et al. v. City of New York and The...

Effective Termination of Life Insurance Policies Without Written Notice: Wilson v. Northwestern Mutual

Date: Nov 5, 2010

Effective Termination of Life Insurance Policies Without Written Notice: Wilson v. Northwestern Mutual Introduction The case of Michelle Wilson v. Northwestern Mutual Insurance Company, decided by...

Timely Notice of Removal: Establishing the Start of the Removal Clock under 28 U.S.C. § 1446

Date: Nov 3, 2010

Timely Notice of Removal: Establishing the Start of the Removal Clock under 28 U.S.C. § 1446 Introduction In the landmark case of Rachel Moltner v. Starbucks Coffee Company, 624 F.3d 34 (2d Cir....

Jurisdictional Overreach in Multi-District Litigation: AEP Energy Services Gas vs. Bank of America

Date: Oct 30, 2010

Jurisdictional Overreach in Multi-District Litigation: AEP Energy Services Gas vs. Bank of America Introduction The case of AEP Energy Services Gas Holding Company, Houston Pipe Line Company LP, HPL...

Affirmation of Denial of Class Certification Under FLSA and New York Labor Law §191 in Myers v. Hertz Corporation

Date: Oct 28, 2010

Affirmation of Denial of Class Certification Under FLSA and New York Labor Law §191 in Myers v. Hertz Corporation 1. Introduction In the case of Jennifer Myers, Plaintiff-Appellant, v. The Hertz...

Second Circuit Reinforces False Endorsement Protections under the Lanham Act while Imposing Stricter Standing Requirements for Unfair Competition Claims

Date: Oct 22, 2010

Second Circuit Reinforces False Endorsement Protections under the Lanham Act while Imposing Stricter Standing Requirements for Unfair Competition Claims Introduction In the landmark case Famous Horse...

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