2d Circuit Case Commentaries

Second Circuit Affirms Appropriate Private Placement for Disabled Student under IDEA: C.L. v. Scarsdale Union Free School District

Date: Mar 12, 2014

Second Circuit Affirms Appropriate Private Placement for Disabled Student under IDEA: C.L. v. Scarsdale Union Free School District Introduction In C.L. v. Scarsdale Union Free School District, the...

Voluntary Dismissal Under FRCP 41(a): Insights from Youssef v. Tishman Construction Corp.

Date: Mar 11, 2014

Voluntary Dismissal Under FRCP 41(a): Insights from Youssef v. Tishman Construction Corp. Introduction The case of Magdy M. Youssef v. Tishman Construction Corporation, Turner Construction Company...

Miranda Compliance and Involuntary Confessions: Insights from United States v. Taylor

Date: Mar 5, 2014

Miranda Compliance and Involuntary Confessions: Insights from United States v. Taylor Introduction United States v. Taylor, Antonio Rosario, and Samuel Vasquez, 745 F.3d 15 (2d Cir. 2014), serves as...

Inference of Knowledge and Intent Affirmed in Conspiracy Conviction Based on High-Value Contraband and Conduct

Date: Mar 5, 2014

Inference of Knowledge and Intent Affirmed in Conspiracy Conviction Based on High-Value Contraband and Conduct Introduction In the case of United States of America v. Cheyenne Anderson and Roohid...

C.F. v. New York City Department of Education: Establishing Precedent on Tuition Reimbursement under IDEA

Date: Mar 5, 2014

C.F. v. New York City Department of Education: Establishing Precedent on Tuition Reimbursement under IDEA Introduction The case of C.F., by his Parents R.F. and G.F. v. New York City Department of...

Expanding Coram Nobis Relief: Kovacs v. United States Establishes Retroactive Standards for Ineffective Assistance of Counsel

Date: Mar 4, 2014

Expanding Coram Nobis Relief: Kovacs v. United States Establishes Retroactive Standards for Ineffective Assistance of Counsel Introduction Stephen Kovacs v. United States of America, 744 F.3d 44 (2nd...

Second Circuit Upholds Municipal Liability for Racially Hostile Work Environment and Clarifies Scope of Intimate Association Rights Under §1983

Date: Feb 26, 2014

Second Circuit Upholds Municipal Liability for Racially Hostile Work Environment and Clarifies Scope of Intimate Association Rights Under §1983 Introduction The case of Scott M. Matusick versus the...

Clarification of Terry Stop Scope and Detention Limits in Bailey v. United States

Date: Feb 22, 2014

Clarification of Terry Stop Scope and Detention Limits in Bailey v. United States Introduction In Bailey v. United States, 743 F.3d 322 (2d Cir. 2014), the United States Court of Appeals for the...

Expansion of Disgorgement Liability in Insider Trading: SEC v. Contorinis

Date: Feb 19, 2014

Expansion of Disgorgement Liability in Insider Trading: SEC v. Contorinis Introduction SEC v. Joseph Contorinis is a landmark decision from the United States Court of Appeals for the Second Circuit,...

Affirmation of Summary Judgment in Employment Discrimination Claims: Goins v. Bridgeport Hospital

Date: Feb 14, 2014

Affirmation of Summary Judgment in Employment Discrimination Claims: Goins v. Bridgeport Hospital Introduction The case of Amey Goins v. Bridgeport Hospital involves Amey Goins, the...

Second Circuit Reverses Denial of Leave to Amend in Deliberate Indifference Claim under Fourteenth Amendment

Date: Feb 14, 2014

Second Circuit Reverses Denial of Leave to Amend in Deliberate Indifference Claim under Fourteenth Amendment Introduction In the case of Charles Nielsen v. Elaine A. Rabin M.D., et al., pro se...

Second Circuit Affirms Dismissal of 'Stigma-Plus' Defamation Claim in Balentine v. Tremblay

Date: Feb 12, 2014

Second Circuit Affirms Dismissal of 'Stigma-Plus' Defamation Claim in Balentine v. Tremblay Introduction In the case of Kristopher Balentine v. Thomas Tremblay, decided on February 11, 2014, the...

Establishing Standards for Hostile Work Environment and Retaliation Claims: Insights from Rivera and Talton v. RGRTA

Date: Feb 11, 2014

Establishing Standards for Hostile Work Environment and Retaliation Claims: Insights from Rivera and Talton v. RGRTA Introduction The case of Enio R. Rivera and Michael Talton v. Rochester Genesee...

General Jurisdiction Over Religious Corporations: Second Circuit Sets New Precedent in In re Roman Catholic Diocese of Albany

Date: Feb 8, 2014

General Jurisdiction Over Religious Corporations: Second Circuit Sets New Precedent in In re Roman Catholic Diocese of Albany Introduction In re Roman Catholic Diocese of Albany, New York, Inc. v....

Third-Party Standing Denied in Contract Enforcement: Hillside Metro Associates v. JPMorgan Chase Bank

Date: Feb 5, 2014

Third-Party Standing Denied in Contract Enforcement: Hillside Metro Associates v. JPMorgan Chase Bank Introduction The case of Hillside Metro Associates, LLC v. JPMorgan Chase Bank, N.A. revolves...

Accrual of Duty of Fair Representation Claims and Non-Tolling of State Court Proceedings: Kalyanaram v. AAUP at NYIT

Date: Feb 4, 2014

Accrual of Duty of Fair Representation Claims and Non-Tolling of State Court Proceedings: Kalyanaram v. American Association of University Professors at NYIT Introduction Gurumurthy Kalyanaram...

Federal Common Law Extends Insider Trading Liability to Unregistered Securities: Steginsky v. XCELERA Inc.

Date: Jan 28, 2014

Federal Common Law Extends Insider Trading Liability to Unregistered Securities: Steginsky v. XCELERA Inc. Introduction Steginsky v. XCELERA Inc., 741 F.3d 365 (2d Cir. 2014), is a significant...

Substantive Reasonableness in Sentencing: Affirmation of Downward Variance in Terrorism-Related Material Support Case

Date: Jan 24, 2014

Substantive Reasonableness in Sentencing: Affirmation of Downward Variance in Terrorism-Related Material Support Case Introduction The appellate case of UNITED STATES of America v. Pratheepan...

HECK v. HUMPHREY and Brady: Comprehensive Analysis of Poventud v. City of New York

Date: Jan 17, 2014

HECK v. HUMPHREY and Brady: Comprehensive Analysis of Poventud v. City of New York Introduction In the case of Marcos Poventud v. City of New York, the United States Court of Appeals for the Second...

Expanding Joint Employer Liability and Identity-of-Interest in Title VII Claims: Daniel v. T & M Protection Resources, Inc. and Edward J. Minskoff Equities

Date: Jan 17, 2014

Expanding Joint Employer Liability and Identity-of-Interest in Title VII Claims: Daniel v. T & M Protection Resources, Inc. and Edward J. Minskoff Equities Introduction The case of Otis A. Daniel v....