2d Circuit Case Commentaries

Settlement Payments in Employment Discrimination Cases Classified as FICA Taxable Wages: Gerstenbluth v. Credit Suisse

Date: Aug 28, 2013

Settlement Payments in Employment Discrimination Cases Classified as FICA Taxable Wages: Gerstenbluth v. Credit Suisse Introduction Gersternbluth v. Credit Suisse Securities (USA) LLC is a pivotal...

Affirmation of Strict Timeliness for Rule 60(b) Motions in Colucci v. Beth Israel Medical Center

Date: Aug 28, 2013

Affirmation of Strict Timeliness for Rule 60(b) Motions in Colucci v. Beth Israel Medical Center Introduction In the case of Cleuza Colucci, Plaintiff-Appellant, et al. v. Beth Israel Medical Center,...

Reinforcing Monell: Municipal Liability Independent of Individual Officer Immunity

Date: Aug 24, 2013

Reinforcing Monell: Municipal Liability Independent of Individual Officer Immunity Introduction The case of Delroy Askins v. Sergeant John Doe #1 et al. represents a significant development in the...

Affirmation of Summary Orders and Dismissal of Discrimination Claims in Dowrich-Weeks v. Cooper Square Realty

Date: Aug 22, 2013

Affirmation of Summary Orders and Dismissal of Discrimination Claims in Dowrich-Weeks v. Cooper Square Realty Introduction The case of Monet Dowrich-Weeks v. Cooper Square Realty, Inc. adjudicated by...

ATS Limitations Post-Kiobel: Corporate Liability for Foreign Human Rights Violations Denied

Date: Aug 22, 2013

ATS Limitations Post-Kiobel: Corporate Liability for Foreign Human Rights Violations Denied Introduction The case of Sakwe Balintulo et al. v. Daimler AG, Ford Motor Company, and IBM Corporation...

Enhanced Pleading Standards for Subjective Valuations in Securities Litigation: Marshall FREIDUS v. Barclays Bank PLC

Date: Aug 20, 2013

Enhanced Pleading Standards for Subjective Valuations in Securities Litigation: Marshall FREIDUS v. Barclays Bank PLC Introduction In Marshall FREIDUS, on behalf of himself and all others similarly...

Second Circuit Rules Prosecutorial Actions in Material Witness Warrants Do Not Entitle Absolute Immunity

Date: Aug 17, 2013

Second Circuit Rules Prosecutorial Actions in Material Witness Warrants Do Not Entitle Absolute Immunity Introduction In the landmark case of Alexina Simon v. City of New York, the United States...

Federal Preemption of Vermont's Nuclear Safety Regulations under the Atomic Energy Act: Entergy Nuclear Vermont Yankee Case

Date: Aug 15, 2013

Federal Preemption of Vermont's Nuclear Safety Regulations under the Atomic Energy Act: Entergy Nuclear Vermont Yankee Case Introduction The case of Entergy Nuclear Vermont Yankee, LLC v. Peter...

Second Circuit Upholds Enforceability of Class-Action Waivers in Arbitration Agreements under the FAA

Date: Aug 10, 2013

Second Circuit Upholds Enforceability of Class-Action Waivers in Arbitration Agreements under the FAA Introduction In the landmark case Stephanie Sutherland v. Ernst & Young LLP, the United States...

Double Jeopardy Protections Reinforced in Hoffler v. Bezio (726 F.3d 144)

Date: Aug 9, 2013

Double Jeopardy Protections Reinforced in Hoffler v. Bezio (726 F.3d 144) Introduction In Michael Hoffler, Petitioner–Appellant, v. Norman R. Bezio, Superintendent of Great Meadow Correctional...

2nd Circuit Affirms Dismissal of First Amendment and Equal Protection Claims by Independent Contractor in DOT Contract Dispute

Date: Aug 9, 2013

2nd Circuit Affirms Dismissal of First Amendment and Equal Protection Claims by Independent Contractor in DOT Contract Dispute Introduction In the case of Fahs Construction Group, Inc. v. Michael...

Establishing Liability for Investment Advisors in Late Trading Schemes under Securities Laws

Date: Aug 9, 2013

Establishing Liability for Investment Advisors in Late Trading Schemes under Securities Laws Introduction The case of Securities and Exchange Commission v. Pentagon Capital Management PLC, Lewis...

Clarifying the 'Work Made for Hire' Doctrine: Insights from Marvel Characters, Inc. v. Kirby

Date: Aug 9, 2013

Clarifying the 'Work Made for Hire' Doctrine: Insights from Marvel Characters, Inc. v. Kirby Introduction The case of Marvel Characters, Inc. v. Kirby, adjudicated by the United States Court of...

Reevaluation of Disability Determinations: Emphasizing Comprehensive Medical Evidence and Proper Legal Standards

Date: Aug 7, 2013

Reevaluation of Disability Determinations: Emphasizing Comprehensive Medical Evidence and Proper Legal Standards Introduction The case of Patrick Dennis McHugh v. Michael J. Astrue, Commissioner of...

Adequacy of Pleadings in FLSA Overtime Claims: Insights from DeJESUS v. HF Management Services

Date: Aug 6, 2013

Adequacy of Pleadings in FLSA Overtime Claims: Insights from DeJESUS v. HF Management Services Introduction Ramona DeJESUS brought forth a legal action against HF Management Services, LLC, alleging...

Affirmation of FAPE Compliance in M.W. v. NYC Department of Education

Date: Jul 30, 2013

Affirmation of FAPE Compliance in M.W. v. NYC Department of Education Introduction M.W., by his Parents, S.W. and E.W., Plaintiffs–Appellants, v. NEW YORK CITY DEPARTMENT OF EDUCATION,...

Affirmation of MTBE Products Liability Verdict: Implications for Federal Preemption and State Tort Law

Date: Jul 27, 2013

Affirmation of MTBE Products Liability Verdict: Implications for Federal Preemption and State Tort Law Introduction The litigation in question, IN RE METHYL TERTIARY Butyl Ether (“MTBE”) Products...

2nd Circuit Rules SSI Benefits Protected from Levy Under 42 U.S.C. §659(a)

Date: Jul 25, 2013

2nd Circuit Rules SSI Benefits Protected from Levy Under 42 U.S.C. §659(a) Introduction In the case of Derry Sykes v. Bank of America, et al., the United States Court of Appeals for the Second...

Affirmation of Qualified Immunity in ZALASKI v. CITY OF HARTFORD: Implications for Constitutional Rights

Date: Jul 24, 2013

Affirmation of Qualified Immunity in ZALASKI v. CITY OF HARTFORD: Implications for Constitutional Rights Introduction The case of Lisa Zalaski, Animal Rights Front, Inc., Derek V. Oatis v. City of...

Enhanced Liability Standards for ETF Disclosure under the Securities Act: Insights from In re PROSHARES TRUST SECURITIES LITIGATION

Date: Jul 23, 2013

Enhanced Liability Standards for ETF Disclosure under the Securities Act: Insights from In re PROSHARES TRUST SECURITIES LITIGATION Introduction The litigation case titled In re PROSHARES TRUST...