2d Circuit Case Commentaries

Second Circuit Vacates Injunction on AUMF's Detention Provisions Due to Plaintiffs' Lack of Standing

Date: Jul 18, 2013

Second Circuit Vacates Injunction on AUMF's Detention Provisions Due to Plaintiffs' Lack of Standing Introduction In Christopher HEDGES, Daniel Ellsberg, Jennifer Bolen, Noam Chomsky, Alexa O'Brien,...

Strict Adherence to 28 U.S.C. § 1746 Certifications Affirmed in World Trade Center Litigation

Date: Jul 17, 2013

Strict Adherence to 28 U.S.C. § 1746 Certifications Affirmed in World Trade Center Litigation Introduction The litigation arising from the tragic terrorist attacks of September 11, 2001, continues to...

Enforcing Trademark Integrity: Affirmation of Default Judgment in Guggenheim v. Birnbaum

Date: Jul 16, 2013

Enforcing Trademark Integrity: Affirmation of Default Judgment in Guggenheim v. Birnbaum Introduction The case of Guggenheim Capital, LLC, et al. v. Birnbaum (722 F.3d 444) addressed significant...

Affirmation and Remand in FLSA and RICO Claims: Nakahata et al. v. New York–Presbyterian Healthcare System, Inc.

Date: Jul 12, 2013

Affirmation and Remand in FLSA and RICO Claims: Nakahata et al. v. New York–Presbyterian Healthcare System, Inc. Introduction In the case of Nakahata et al. v. New York–Presbyterian Healthcare...

Establishing Enhanced Standards for Ineffective Assistance of Counsel in §2255 Motions: The Gonzalez Case

Date: Jul 11, 2013

Establishing Enhanced Standards for Ineffective Assistance of Counsel in §2255 Motions: The Gonzalez Case Introduction The case of Pedro Gonzalez v. United States (722 F.3d 118) serves as a pivotal...

Operational Control as Basis for Personal Liability under FLSA: Second Circuit's Holding in TORRES v. GRISTEDE'S OPERATING CORP.

Date: Jul 10, 2013

Operational Control as Basis for Personal Liability under FLSA: Second Circuit's Holding in TORRES v. GRISTEDE'S OPERATING CORP. Introduction The case of TORRES v. GRISTEDE'S OPERATING CORP....

Shui W. Kwong v. Bloomberg: Upholding NYC's Residential Handgun Licensing Fees

Date: Jul 10, 2013

Shui W. Kwong et al. v. Bloomberg et al.: Upholding New York City's Residential Handgun Licensing Fees Introduction In the landmark case Shui W. Kwong, George Greco, Glenn Herman, Nick Lidakis,...

Derivative Citizenship and Hearsay Exceptions: Insights from Randolph Porter v. Andrea Quarantillo

Date: Jul 9, 2013

Derivative Citizenship and Hearsay Exceptions: Insights from Randolph Porter v. Andrea Quarantillo Introduction Randolph Porter v. Andrea Quarantillo is a pivotal case adjudicated by the United...

Establishing Prima Facie Personal Jurisdiction Without Evidentiary Hearings: Analysis of Dorchester Financial Securities, Inc. v. Banco BRJ, S.A.

Date: Jul 4, 2013

Establishing Prima Facie Personal Jurisdiction Without Evidentiary Hearings: Analysis of Dorchester Financial Securities, Inc. v. Banco BRJ, S.A. Introduction Parties Involved: Plaintiff–Appellant:...

Revisiting Equitable Tolling under the Federal Tort Claims Act: Insights from Phillips v. Generations Family Health Center

Date: Jun 29, 2013

Revisiting Equitable Tolling under the Federal Tort Claims Act: Insights from Phillips v. Generations Family Health Center Introduction The case of Christopher Phillips, Administrator for the Estate...

Second Circuit Establishes Limits on Tolling and Intervention in Securities Act Claims

Date: Jun 28, 2013

Second Circuit Establishes Limits on Tolling and Intervention in Securities Act Claims Introduction The case of Police and Fire Retirement System of the City of Detroit, Indiana v. Dually, et al....

Probable Cause Standards in False Arrest and Malicious Prosecution: Stansbury v. Wertman

Date: Jun 27, 2013

Probable Cause Standards in False Arrest and Malicious Prosecution: Stansbury v. Wertman Introduction In the case of Linda Stansbury v. Chad Wertman (721 F.3d 84, 2nd Cir. 2013), the United States...

Admissibility of Lay Testimonies and Conscious Avoidance Instructions in Securities Fraud: A Comprehensive Analysis of United States v. Cuti and Tennant

Date: Jun 27, 2013

Admissibility of Lay Testimonies and Conscious Avoidance Instructions in Securities Fraud: A Comprehensive Analysis of United States v. Cuti and Tennant Introduction In the landmark case of United...

Overbreadth of Digital Search Warrants: United States v. Galpin

Date: Jun 26, 2013

Overbreadth of Digital Search Warrants: United States v. Galpin Introduction In United States v. Galpin, Jr., 720 F.3d 436 (2d Cir. 2013), the United States Court of Appeals for the Second Circuit...

Rajaratnam v. United States: Affirming Franks Framework and 'Knowing Possession' Standard in Securities Fraud

Date: Jun 25, 2013

Rajaratnam v. United States: Affirming Franks Framework and 'Knowing Possession' Standard in Securities Fraud Introduction In United States of America v. Raj Rajaratnam, 719 F.3d 139 (2d Cir. 2013),...

Qualified Immunity Upholding for DOCS Officials in Spavone v. New York State Department of Correctional Services

Date: Jun 21, 2013

Qualified Immunity Upholding for DOCS Officials in Spavone v. New York State Department of Correctional Services Introduction In the landmark case Spavone v. New York State Department of Correctional...

Second Circuit Affirms In Pari Delicto Doctrine: Limiting SIPA Trustees' Third-Party Standing in Madoff Fraud Case

Date: Jun 21, 2013

Second Circuit Affirms In Pari Delicto Doctrine: Limiting SIPA Trustees' Third-Party Standing in Madoff Fraud Case Introduction In the landmark case In re Bernard L. Madoff Investment Securities...

Standard for Freezing Relief Defendant's Assets in FTC and CUTPA Enforcement Actions

Date: Jun 21, 2013

Standard for Freezing Relief Defendant's Assets in FTC and CUTPA Enforcement Actions Introduction In the case of Federal Trade Commission, State of Connecticut v. Angelina Strano et al., the United...

Grullon v. New Haven: Second Circuit Reinforces Right to Amend §1983 Claims Against Supervisory Officials

Date: Jun 20, 2013

Grullon v. New Haven: Second Circuit Reinforces Right to Amend §1983 Claims Against Supervisory Officials Introduction In the landmark case of Raymond Grullon v. City of New Haven, adjudicated by the...

Establishing Boundaries: Second Circuit's Analysis of RICO and New York General Business Law in Cruz v. FXDirectDealer

Date: Jun 20, 2013

Establishing Boundaries: Second Circuit's Analysis of RICO and New York General Business Law in Cruz v. FXDirectDealer Introduction The case of Hugo Cruz v. FXDirectDealer, LLC (FXDD), adjudicated by...