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  • Commentaries
  • Judgments

2d Circuit Case Commentaries

Pro Se Representation Permitted for Estate Administrators as Sole Beneficiaries: Analysis of Guest v. Hansen

Pro Se Representation Permitted for Estate Administrators as Sole Beneficiaries: Analysis of Guest v. Hansen

Date: Apr 21, 2010
Pro Se Representation Permitted for Estate Administrators as Sole Beneficiaries: Analysis of Guest v. Hansen Introduction The case of Stephen M. Guest, as Administrator of the Estate of Kristine B....
Second Circuit Clarifies the Enforceability of Seamen's Arbitration Agreements under FELA and the FAA

Second Circuit Clarifies the Enforceability of Seamen's Arbitration Agreements under FELA and the FAA

Date: Apr 17, 2010
Second Circuit Clarifies the Enforceability of Seamen's Arbitration Agreements under FELA and the FAA Introduction In the landmark case of Frederick J. Harrington, Jr. v. Atlantic Sounding Co., Inc.,...
Denying Collateral Order Status to Denials of Reconsideration in Qualified Immunity Claims: Lora v. Perez Analysis

Denying Collateral Order Status to Denials of Reconsideration in Qualified Immunity Claims: Lora v. Perez Analysis

Date: Apr 13, 2010
Denying Collateral Order Status to Denials of Reconsideration in Qualified Immunity Claims: Lora v. Perez Analysis Introduction In Iesha Lora v. Captain O'Heaney et al., the United States Court of...
ROSARIO v. ERCOLE: Determining the Compatibility of New York's Ineffective Assistance of Counsel Standard with Federal Habeas Corpus Requirements

ROSARIO v. ERCOLE: Determining the Compatibility of New York's Ineffective Assistance of Counsel Standard with Federal Habeas Corpus Requirements

Date: Apr 13, 2010
ROSARIO v. ERCOLE: Determining the Compatibility of New York's Ineffective Assistance of Counsel Standard with Federal Habeas Corpus Requirements Introduction ROSARIO v. ERCOLE, adjudicated by the...
Second Circuit Limits Scope of Bankruptcy Sanctions under §524(a)(2) and §1141 to Pre-Confirmation Claim Holders

Second Circuit Limits Scope of Bankruptcy Sanctions under §524(a)(2) and §1141 to Pre-Confirmation Claim Holders

Date: Apr 9, 2010
Second Circuit Limits Scope of Bankruptcy Sanctions under §524(a)(2) and §1141 to Pre-Confirmation Claim Holders Introduction The appellate decision in In Re: Peter S. Kalikow and Kalikow Real Estate...
Peter F. Gaito Architecture v. Simone Development Corp.: Substantial Similarity Assessed at Motion to Dismiss Stage

Peter F. Gaito Architecture v. Simone Development Corp.: Substantial Similarity Assessed at Motion to Dismiss Stage

Date: Apr 8, 2010
Peter F. Gaito Architecture v. Simone Development Corp.: Substantial Similarity Assessed at Motion to Dismiss Stage Introduction In the case of PETER F. GAITO ARCHITECTURE, LLC, doing business as...
FCA Jurisdictional Bar and FOIA: A New Precedent from the Second Circuit

FCA Jurisdictional Bar and FOIA: A New Precedent from the Second Circuit

Date: Apr 7, 2010
FCA Jurisdictional Bar and FOIA: A New Precedent from the Second Circuit Introduction In the landmark case of United States of America ex rel. Daniel Kirk v. Schindler Elevator Corporation, decided...
Refining Contributory Trademark Infringement Standards in Online Marketplaces: Tiffany Co. v. eBay Inc.

Refining Contributory Trademark Infringement Standards in Online Marketplaces: Tiffany Co. v. eBay Inc.

Date: Apr 2, 2010
Refining Contributory Trademark Infringement Standards in Online Marketplaces: Tiffany Co. v. eBay Inc. Introduction In the landmark case of Tiffany (NJ) Inc. and Tiffany and Company v. eBay Inc.,...
Establishing Organizational Continuity and Purpose in RICO and VCAR Cases: Insights from United States v. Da

Establishing Organizational Continuity and Purpose in RICO and VCAR Cases: Insights from United States v. Da

Date: Apr 1, 2010
Establishing Organizational Continuity and Purpose in RICO and VCAR Cases: Insights from United States v. Da Introduction United States v. Da, 600 F.3d 204 (2d Cir. 2010), is a pivotal case that...
Res Judicata in Insurance Litigation: Insights from Duane Reade v. St. Paul Fire and Marine Insurance Co.

Res Judicata in Insurance Litigation: Insights from Duane Reade v. St. Paul Fire and Marine Insurance Co.

Date: Apr 1, 2010
Res Judicata in Insurance Litigation: Insights from Duane Reade v. St. Paul Fire and Marine Insurance Co. Introduction The case of DUANE READE, INC. v. ST. PAUL FIRE and Marine Insurance Company,...
Precedent on Qualified Immunity and Probable Cause: Brandon v. City of New York

Precedent on Qualified Immunity and Probable Cause: Brandon v. City of New York

Date: Mar 31, 2010
Precedent on Qualified Immunity and Probable Cause: Brandon v. City of New York Introduction Brandon v. City of New York is a significant case adjudicated in the United States District Court for the...
Enhancing Consumer Protections: Overshadowing and Deceptive Practices under the FDCPA in Ellis v. Cohen Slamowitz, LLP

Enhancing Consumer Protections: Overshadowing and Deceptive Practices under the FDCPA in Ellis v. Cohen Slamowitz, LLP

Date: Mar 27, 2010
Enhancing Consumer Protections: Overshadowing and Deceptive Practices under the FDCPA in Ellis v. Cohen Slamowitz, LLP Introduction In the case of Dennis Ellis v. Cohen Slamowitz, LLP, decided on...
Affirmation of Summary Judgment in Y v. MaxMara USA: Implications for Discrimination and Retaliation Claims

Affirmation of Summary Judgment in Y v. MaxMara USA: Implications for Discrimination and Retaliation Claims

Date: Mar 26, 2010
Affirmation of Summary Judgment in Y v. MaxMara USA: Implications for Discrimination and Retaliation Claims Introduction In the case of Yvonne Fleming v. MaxMara USA, Inc., Luigi Caroggio, John...
Affirmation of Disability Benefits Denial: Upholding Substantial Evidence and ALJ Credibility Determinations

Affirmation of Disability Benefits Denial: Upholding Substantial Evidence and ALJ Credibility Determinations

Date: Mar 26, 2010
Affirmation of Disability Benefits Denial: Upholding Substantial Evidence and ALJ Credibility Determinations Introduction The case of James Salmini v. Commissioner of Social Security (371 F. App'x...
Implications of FLSA Exemptions in Restitution Calculations: Insights from United States v. Sabhnani

Implications of FLSA Exemptions in Restitution Calculations: Insights from United States v. Sabhnani

Date: Mar 26, 2010
Implications of FLSA Exemptions in Restitution Calculations: Insights from United States v. Sabhnani Introduction The case of United States v. Mahender Murlidhar Sabhnani and Varsha Mahender Sabhnani...
Procedural Due Process in Firearm Permit Appeals: Kuck v. Danaher

Procedural Due Process in Firearm Permit Appeals: Kuck v. Danaher

Date: Mar 24, 2010
Procedural Due Process in Firearm Permit Appeals: Kuck v. Danaher Introduction M. Peter Kuck, individually and on behalf of others similarly situated, challenged the practices of the Connecticut...
Double Jeopardy in Successive RICO Prosecutions: United States v. Basciano

Double Jeopardy in Successive RICO Prosecutions: United States v. Basciano

Date: Mar 24, 2010
Double Jeopardy in Successive RICO Prosecutions: United States v. Basciano Introduction United States of America v. Vincent Basciano, 599 F.3d 184, is a pivotal case adjudicated by the United States...
Proper Deference to Treating Physician's Opinions and Substantiation of Subjective Pain Claims in Disability Determinations: Meadors v. Astrue

Proper Deference to Treating Physician's Opinions and Substantiation of Subjective Pain Claims in Disability Determinations: Meadors v. Astrue

Date: Mar 24, 2010
Proper Deference to Treating Physician's Opinions and Substantiation of Subjective Pain Claims in Disability Determinations: Meadors v. Astrue Introduction The case of Maryann Meadors v. Michael J....
Clarifying the 'Qualified Individual' Standard under ADA in Light of Kinneary v. City of New York

Clarifying the 'Qualified Individual' Standard under ADA in Light of Kinneary v. City of New York

Date: Mar 20, 2010
Clarifying the 'Qualified Individual' Standard under ADA in Light of Kinneary v. City of New York Introduction Kinneary v. City of New York is a pivotal case adjudicated by the United States Court of...
Clarifying the Scope and Application of N.Y. C.P.L.R. § 214-c(4): Insights from Giordano v. Market America

Clarifying the Scope and Application of N.Y. C.P.L.R. § 214-c(4): Insights from Giordano v. Market America

Date: Mar 18, 2010
Clarifying the Scope and Application of N.Y. C.P.L.R. § 214-c(4): Insights from Giordano v. Market America Introduction The case of John GIORDANO v. MARKET AMERICA, INC. and The Chemins Company, Inc....
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