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  • Commentaries
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2d Circuit Case Commentaries

Qualified Immunity in School Settings: Analysis of DEFABIO v. EAST HAMPTON UNION FREE SCHOOL DISTrict

Qualified Immunity in School Settings: Analysis of DEFABIO v. EAST HAMPTON UNION FREE SCHOOL DISTrict

Date: Oct 14, 2010
Qualified Immunity in School Settings: Analysis of DEFABIO v. EAST HAMPTON UNION FREE SCHOOL DISTrict Introduction The case of Daniel Defabio and Patricia DEFABIO v. EAST HAMPTON UNION FREE SCHOOL...
Second Circuit Upholds Qualified Immunity for Police Officer Arresting Under Unofficially Repealed Loitering Statute

Second Circuit Upholds Qualified Immunity for Police Officer Arresting Under Unofficially Repealed Loitering Statute

Date: Oct 13, 2010
Second Circuit Upholds Qualified Immunity for Police Officer Arresting Under Unofficially Repealed Loitering Statute Introduction In the case of Joseph Amore v. Andrew Novarro, City of Ithaca, the...
Magwood v. Patterson Extends to Federal §2255 Motions: Johnson v. United States Sets New Precedent

Magwood v. Patterson Extends to Federal §2255 Motions: Johnson v. United States Sets New Precedent

Date: Oct 9, 2010
Magwood v. Patterson Extends to Federal §2255 Motions: Johnson v. United States Sets New Precedent Introduction The case of Leonard C. Johnson v. United States (623 F.3d 41, Second Circuit, 2010)...
Second Circuit Clarifies Scope of Incontestability: Assignment Challenges Remain Viable under the Lanham Act

Second Circuit Clarifies Scope of Incontestability: Assignment Challenges Remain Viable under the Lanham Act

Date: Oct 9, 2010
Second Circuit Clarifies Scope of Incontestability: Assignment Challenges Remain Viable under the Lanham Act Introduction The case of Federal Treasury Enterprise Sojuzplodoimport and Zakrytoe...
Implications of Employment Repudiation and Defamation in DiFolco v. MSNBC

Implications of Employment Repudiation and Defamation in DiFolco v. MSNBC

Date: Oct 8, 2010
Implications of Employment Repudiation and Defamation in DiFolco v. MSNBC Introduction In the case of Claudia DiFOLCO v. MSNBC CABLE L.L.C., Rick Kaplan, and Scott Leon, adjudicated by the United...
Affirmation of Dismissal: FDCPA Claims Cannot Arise from Bankruptcy Proof of Claim Filings

Affirmation of Dismissal: FDCPA Claims Cannot Arise from Bankruptcy Proof of Claim Filings

Date: Oct 6, 2010
Affirmation of Dismissal: FDCPA Claims Cannot Arise from Bankruptcy Proof of Claim Filings Introduction In the case of Lamont B. Simmons and Melissa R. Simmons v. Roundup Funding, LLC et al., the...
Second Circuit Clarifies Scope of Class-of-One Equal Protection Claims in Regulatory Contexts

Second Circuit Clarifies Scope of Class-of-One Equal Protection Claims in Regulatory Contexts

Date: Oct 5, 2010
Second Circuit Clarifies Scope of Class-of-One Equal Protection Claims in Regulatory Contexts Introduction In Analytical Diagnostic Labs, Inc. v. Kusel et al., the United States Court of Appeals for...
Standing in Indirect Causation: Second Circuit's Ruling in Carver v. New York City

Standing in Indirect Causation: Second Circuit's Ruling in Carver v. New York City

Date: Sep 24, 2010
Standing in Indirect Causation: Second Circuit's Ruling in Carver v. New York City Introduction The case of Walter E. Carver v. The City of New York, decided by the United States Court of Appeals for...
Res Judicata in Employment Discrimination: Sheffield v. Rockland County Sheriff's Department

Res Judicata in Employment Discrimination: Sheffield v. Rockland County Sheriff's Department

Date: Sep 23, 2010
Res Judicata in Employment Discrimination: Sheffield v. Rockland County Sheriff's Department Introduction Sheffield v. Rockland County Sheriff's Department is a pivotal case in employment...
The Second Circuit Establishes the Non-Applicability of the Alien Tort Statute to Corporations for Customary International Law Violations

The Second Circuit Establishes the Non-Applicability of the Alien Tort Statute to Corporations for Customary International Law Violations

Date: Sep 18, 2010
The Second Circuit Establishes the Non-Applicability of the Alien Tort Statute to Corporations for Customary International Law Violations Introduction In the landmark case of Esther Kiobel, indi v....
Second Circuit Clarifies Application of Bespeaks-Caution Doctrine in Securities Fraud Claims

Second Circuit Clarifies Application of Bespeaks-Caution Doctrine in Securities Fraud Claims

Date: Sep 15, 2010
Second Circuit Clarifies Application of Bespeaks-Caution Doctrine in Securities Fraud Claims Introduction In the landmark case of IOWA PUBLIC EMPLOYEES' RETIREMENT SYSTEM et al. v. MF Global Ltd.,...
Affirming Due Process in Imposition of Property Liens: Chase Group Alliance v. City of New York

Affirming Due Process in Imposition of Property Liens: Chase Group Alliance v. City of New York

Date: Sep 15, 2010
Affirming Due Process in Imposition of Property Liens: Chase Group Alliance v. City of New York Introduction Chase Group Alliance LLC, Esquire Group Estates LLC, Vintage Ventures LLC (collectively,...
Limits on Class Certification in RICO Claims: UFCW Local 1776 v. Eli Lilly and Co.

Limits on Class Certification in RICO Claims: UFCW Local 1776 v. Eli Lilly and Co.

Date: Sep 11, 2010
Limits on Class Certification in RICO Claims: UFCW Local 1776 v. Eli Lilly and Co. Introduction In the landmark case of UFCW Local 1776 et al. v. Eli Lilly and Company, the United States Court of...
Clarifying Personal Jurisdiction in Franchise Disputes: Second Circuit Dismisses Vanhook in The Cleaning Authority v. Neubert et al.

Clarifying Personal Jurisdiction in Franchise Disputes: Second Circuit Dismisses Vanhook in The Cleaning Authority v. Neubert et al.

Date: Sep 8, 2010
Clarifying Personal Jurisdiction in Franchise Disputes: Second Circuit Dismisses Vanhook in The Cleaning Authority v. Neubert et al. Introduction The case of The Cleaning Authority, Inc. v. Joanna...
Enhancing Scrutiny on Personal Jurisdiction in Maritime Attachments: Insights from Sinoying Logistics Pte Ltd. v. Yi Da Xin Trading Corporation

Enhancing Scrutiny on Personal Jurisdiction in Maritime Attachments: Insights from Sinoying Logistics Pte Ltd. v. Yi Da Xin Trading Corporation

Date: Sep 1, 2010
Enhancing Scrutiny on Personal Jurisdiction in Maritime Attachments: Insights from Sinoying Logistics Pte Ltd. v. Yi Da Xin Trading Corporation Introduction The case of Sinoying Logistics Pte Ltd.,...
Affirmation of Proper Service Requirements in Bivens Actions: Sil v. Kurzberg

Affirmation of Proper Service Requirements in Bivens Actions: Sil v. Kurzberg

Date: Aug 31, 2010
Affirmation of Proper Service Requirements in Bivens Actions: Sil v. Kurzberg Introduction Sil v. Kurzberg, 619 F.3d 176 (2d Cir. 2010), is a landmark case addressing the stringent requirements for...
Yong Qin Luo v. Mikel: Clarifying Serious Injury Requirements and Affirming Federal Jurisdiction under NY Insurance Law §5102(d)

Yong Qin Luo v. Mikel: Clarifying Serious Injury Requirements and Affirming Federal Jurisdiction under NY Insurance Law §5102(d)

Date: Aug 31, 2010
Yong Qin Luo v. Mikel: Clarifying Serious Injury Requirements and Affirming Federal Jurisdiction under NY Insurance Law §5102(d) Introduction The case of Yong Qin Luo v. Steven Eugene Mikel Jr., St....
Establishing Trustee Standing and Automatic Stay in Bankruptcy Filings without Credit Counseling

Establishing Trustee Standing and Automatic Stay in Bankruptcy Filings without Credit Counseling

Date: Aug 27, 2010
Establishing Trustee Standing and Automatic Stay in Bankruptcy Filings without Credit Counseling Introduction The case of In re Shayna H. ZARNEL et al. ([619 F.3d...
Establishing Federal Subject Matter Jurisdiction and Upholding Discovery Sanctions in Telecommunications Disputes: SNET v. Global NAPs Inc.

Establishing Federal Subject Matter Jurisdiction and Upholding Discovery Sanctions in Telecommunications Disputes: SNET v. Global NAPs Inc.

Date: Aug 26, 2010
Establishing Federal Subject Matter Jurisdiction and Upholding Discovery Sanctions in Telecommunications Disputes: SNET v. Global NAPs Inc. Introduction The case of Southern New England Telephone...
Second Circuit Upholds Fraudulent Inducement Claim and Clarifies Choice of Law in Neuisys v. Yorktowne Urology, P.C.

Second Circuit Upholds Fraudulent Inducement Claim and Clarifies Choice of Law in Neuisys v. Yorktowne Urology, P.C.

Date: Aug 25, 2010
Second Circuit Upholds Fraudulent Inducement Claim and Clarifies Choice of Law in Neuisys v. Yorktowne Urology, P.C. Introduction The case of Yorktowne Urology, P.C. v. Neuisys, LLC (Civil No....
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