2d Circuit Case Commentaries

Rescission of Fidelity Bonds for Material Misrepresentation under FDIC Receivership: Federal Deposit Insurance Corporation v. Great American Insurance Company

Date: Jun 8, 2010

Rescission of Fidelity Bonds for Material Misrepresentation under FDIC Receivership: Federal Deposit Insurance Corporation v. Great American Insurance Company Introduction The case of Federal Deposit...

No Constitutionally Protected Property Interest in Police Investigations: Harrington v. County of Suffolk

Date: Jun 5, 2010

No Constitutionally Protected Property Interest in Police Investigations: Harrington v. County of Suffolk Introduction The case of Harrington v. County of Suffolk addresses whether citizens of...

Enforceability of Online Arbitration Agreements: Affirmation in Hines v. Overstock.com

Date: Jun 4, 2010

Enforceability of Online Arbitration Agreements: Affirmation in Hines v. Overstock.com, Inc. Introduction The case of Cynthia HINES, on behalf of herself and others similarly situated,...

Application of PLRA's Three Strikes Rule to Released Prisoners: Harris v. City of New York

Date: Jun 3, 2010

Application of PLRA's Three Strikes Rule to Released Prisoners: Harris v. City of New York Introduction Harris v. City of New York, 607 F.3d 18 (2d Cir. 2010), is a pivotal case that examines the...

Supremacy of Notwithstanding Clauses Over Limited Recourse Provisions in Indenture Agreements: Second Circuit's Decision in BNY v. FDIC

Date: Jun 2, 2010

Supremacy of Notwithstanding Clauses Over Limited Recourse Provisions in Indenture Agreements: Second Circuit's Decision in BNY v. FDIC Introduction The case of The Bank of New York (BNY) v. Federal...

Aggregate Damages in Class Actions: Insights from Sil v. a SEIJAS et al. v. The Republic of Argentina

Date: May 28, 2010

Aggregate Damages in Class Actions: Insights from Sil v. a SEIJAS et al. v. The Republic of Argentina Introduction Sil v. a SEIJAS et al. v. The Republic of Argentina, 606 F.3d 53 (2nd Cir. 2010), is...

Residual Functional Capacity in Disability Claims: Genier v. Astrue

Date: May 28, 2010

Residual Functional Capacity in Disability Claims: Genier v. Astrue Introduction In the case of Genier v. Astrue, decided by the United States Court of Appeals for the Second Circuit on May 27, 2010,...

Bierenbaum v. Graham: Affirmation of Sixth Amendment Rights in Habeas Corpus Proceedings

Date: May 26, 2010

Bierenbaum v. Graham: Affirmation of Sixth Amendment Rights in Habeas Corpus Proceedings Introduction Robert Bierenbaum was convicted of second-degree murder for the disappearance and presumed death...

Sovereign Immunity and Appropriations Clause Render Grant Reallocation Claims Moot

Date: May 25, 2010

Sovereign Immunity and Appropriations Clause Render Grant Reallocation Claims Moot Introduction The case of County of Nassau, N.Y. v. HHS et al. addresses the complex interplay between sovereign...

Affirmation of State and Judicial Immunity in § 1983 Claims: Ke v. McKeown

Date: May 19, 2010

Affirmation of State and Judicial Immunity in § 1983 Claims: Ke v. McKeown Introduction Ke v. McKeown, decided by the United States Court of Appeals for the Second Circuit on May 18, 2010, addresses...

Safe Harbor Protections under PSLRA: Insights from Slayton v. American Express Co.

Date: May 19, 2010

Safe Harbor Protections under PSLRA: Insights from Slayton v. American Express Co. Introduction Slayton v. American Express Company (2010) is a pivotal case in the realm of securities litigation,...

Affirmation of Dismissal in Duty of Fair Representation Claims: Vaughn v. Air Line Pilots Association, International

Date: May 15, 2010

Affirmation of Dismissal in Duty of Fair Representation Claims: Vaughn v. Air Line Pilots Association, International Introduction In Vaughn v. Air Line Pilots Association, International, the United...

Failure to Investigate Discrimination Complaints Not Adverse Employment Action for Retaliation Claims: Fincher v. DTCC

Date: May 15, 2010

Failure to Investigate Discrimination Complaints Not Adverse Employment Action for Retaliation Claims: Fincher v. DTCC Introduction In Fincher v. Depository Trust and Clearing Corporation (DTCC), 604...

Second Circuit Upholds NYC Anti-Impersonation Statute §14-107

Date: May 15, 2010

Second Circuit Upholds NYC Anti-Impersonation Statute §14-107 in Operation Stinking Badges Case Introduction In the case of Lateif Dickerson, indi v. Dully and others, the United States Court of...

Individual Liability under ADA Retaliation: Spiegel v. Schulmann Establishes New Precedent

Date: May 7, 2010

Individual Liability under ADA Retaliation: Spiegel v. Schulmann Establishes New Precedent Introduction In the landmark case of Elliot SPIEGEL and Jonathan Schatzberg v. Daniel "Tiger" Schulmann and...

Second Circuit Clarifies Preliminary Injunction Standards in Copyright Infringement Cases

Date: May 1, 2010

Second Circuit Clarifies Preliminary Injunction Standards in Copyright Infringement Cases Introduction In the landmark case of Colleen M. Salinger and Matthew R. Salinger, as Trustees of the J.D....

Balancing Anonymity and Copyright Enforcement: Insights from Arista Records LLC v. Doe 3

Date: Apr 30, 2010

Balancing Anonymity and Copyright Enforcement: Insights from Arista Records LLC v. Doe 3 Introduction In Arista Records LLC et al. v. Doe 3, decided on April 29, 2010, by the United States Court of...

Expansion of Direct Action Rights under N.Y. Ins. Law § 3420(a): Continental Ins. Co. v. Atlantic Cas. Ins. Co.

Date: Apr 30, 2010

Expansion of Direct Action Rights under N.Y. Ins. Law § 3420(a): Continental Ins. Co. v. Atlantic Cas. Ins. Co. Introduction The case of Continental Insurance Company v. Atlantic Casualty Insurance...

Attribution Requirement for Secondary Actors under Rule 10b-5: Pacific Investment Management Co. v. stment Management Series

Date: Apr 28, 2010

Attribution Requirement for Secondary Actors under Rule 10b-5: Pacific Investment Management Co. v. stment Management Series Introduction The case of Pacific Investment Management Company LLC and RH...

Per-Compilation Statutory Damages Affirmed in Bryant v. Media Right Productions

Date: Apr 28, 2010

Per-Compilation Statutory Damages Affirmed in Bryant v. Media Right Productions Introduction In Bryant v. Media Right Productions, Inc., the United States Court of Appeals for the Second Circuit...

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