2d Circuit Case Commentaries

Federal Precedence: Application of §1961 Post-Judgment Interest Rates in Diversity Actions

Date: Jun 19, 2013

Federal Precedence: Application of §1961 Post-Judgment Interest Rates in Diversity Actions Introduction The case of Robert N. Cappiello v. ICD Publications, Inc. addressed a pivotal issue concerning...

Affirmation of Hague Convention Repatriation Standards in Souratgar v. Fair

Date: Jun 14, 2013

Affirmation of Hague Convention Repatriation Standards in Souratgar v. Fair Introduction The judicial landscape of international child custody has been significantly shaped by the decision in...

Second Circuit Upholds Enforceability of Accrued Interest in Mezzanine Loan Agreements: Limits on Equitable Defenses

Date: Jun 13, 2013

Second Circuit Upholds Enforceability of Accrued Interest in Mezzanine Loan Agreements: Limits on Equitable Defenses Introduction The case of GAIA HOUSE MEZZ LLC v. STATE STREET BANK AND TRUST...

Second Circuit Clarifies Renewal Copyright Assignment Under Work-for-Hire Agreements: Friedrich v. Marvel Characters

Date: Jun 12, 2013

Second Circuit Clarifies Renewal Copyright Assignment Under Work-for-Hire Agreements: Friedrich v. Marvel Characters Introduction In the landmark case of Gary Friedrich Enterprises, LLC, and Gary...

Second Circuit Rules on Qualified Immunity in Cases of Unconstitutionally Imposed Postrelease Supervision

Date: Jun 5, 2013

Second Circuit Rules on Qualified Immunity in Cases of Unconstitutionally Imposed Postrelease Supervision Introduction In the landmark case of Shawn Michael Vincent et al. v. Bruce S. Yelich et al.,...

Second Circuit Clarifies Scope of Judicial Authority in Arbitration Agreement Interpretation under the New York Convention

Date: Jun 4, 2013

Second Circuit Clarifies Scope of Judicial Authority in Arbitration Agreement Interpretation under the New York Convention Introduction The case of VRG Linhas Aereas S.A. v. MatlinPatterson Global...

Liberty Synergistics Inc. v. Microflo Ltd.: Establishing Jurisdiction for Anti-SLAPP Motions under Collateral Order Doctrine

Date: Jun 1, 2013

Liberty Synergistics Inc. v. Microflo Ltd.: Establishing Jurisdiction for Anti-SLAPP Motions under Collateral Order Doctrine United States Court of Appeals, Second Circuit, 2013 Introduction In...

Kelly-Brown v. Winfrey: Second Circuit Clarifies Fair Use Defense in Trademark Infringement

Date: Jun 1, 2013

Kelly-Brown v. Winfrey: Second Circuit Clarifies Fair Use Defense in Trademark Infringement Introduction In the landmark case of Simone Kelly-Brown and Own Your Power Communications, Inc. v. Oprah...

Walker v. Schult: Establishing Standards for Eighth Amendment Compliance in Overcrowded Prisons

Date: May 24, 2013

Walker v. Schult: Establishing Standards for Eighth Amendment Compliance in Overcrowded Prisons Introduction In Walker v. Schult, 717 F.3d 119 (2d Cir. 2013), Ellis Walker, a federal inmate,...

Sanctions Imposed for Frivolous Appeals and Egregious Conduct: Ransmeier v. Mariani

Date: May 16, 2013

Sanctions Imposed for Frivolous Appeals and Egregious Conduct: Ransmeier v. Mariani Introduction The case of Ransmeier v. Mariani revolves around the imposition of sanctions by the United States...

Conditional Consent and Shared Intent: Defining Habitual Residence Under the Hague Convention in Hofmann v. Sender

Date: May 15, 2013

Conditional Consent and Shared Intent: Defining Habitual Residence Under the Hague Convention in Hofmann v. Sender Introduction Adam Hofmann, a Canadian citizen, and Marina Abigail Sender, a United...

Revisiting Burden of Proof in Pattern-Or-Practice Discrimination: Insights from United States v. City of New York

Date: May 15, 2013

Revisiting Burden of Proof in Pattern-Or-Practice Discrimination: Insights from United States v. City of New York Introduction United States v. City of New York, 717 F.3d 72 (2d Cir. 2013), addresses...

Denial of Acceptance of Responsibility in Drug Conspiracy: Insights from United States v. Robert Chu

Date: May 8, 2013

Denial of Acceptance of Responsibility in Drug Conspiracy: Insights from United States v. Robert Chu Introduction United States v. Robert Chu, 714 F.3d 742 (2d Cir. 2013), presents a pivotal...

Caronia v. Philip Morris USA, Inc.: Affirmation of Dismissal and Certification of Medical Monitoring Claims

Date: May 2, 2013

Caronia v. Philip Morris USA, Inc.: Affirmation of Dismissal and Certification of Medical Monitoring Claims Introduction In the case of Caronia v. Philip Morris USA, Inc., the plaintiffs—Marcia L....

Enforcement of Forum Selection Clauses Against Non-Signatories: The Magi XXI, Inc. v. Stato della Città del Vaticano Precedent

Date: May 1, 2013

Enforcement of Forum Selection Clauses Against Non-Signatories: The Magi XXI, Inc. v. Stato della Città del Vaticano Precedent Introduction The case of Magi XXI, Inc., Plaintiff–Appellant, v. Stato...

Paramour Preference and Retaliation Claims Under Title VII: Analysis of Kelly v. Howard I. Shapiro & Associates Consulting Engineers

Date: Apr 27, 2013

Paramour Preference and Retaliation Claims Under Title VII: Analysis of Kelly v. Howard I. Shapiro & Associates Consulting Engineers Introduction In Kelly v. Howard I. Shapiro & Associates Consulting...

Enhanced Standards for NYCHRL Claims in Gender Discrimination and Retaliation: Mihalik v. Credit Agricole Cheuvreux N.A.

Date: Apr 27, 2013

Enhanced Standards for NYCHRL Claims in Gender Discrimination and Retaliation: Mihalik v. Credit Agricole Cheuvreux N.A. Introduction In Mihalik v. Credit Agricole Cheuvreux North America, Inc. (715...

Transformative Use and Fair Use in Art: An In-Depth Analysis of Cariou v. Prince

Date: Apr 26, 2013

Transformative Use and Fair Use in Art: An In-Depth Analysis of Cariou v. Prince Introduction The case of Patrick Cariou v. Richard Prince, decided by the United States Court of Appeals for the...

Judicial Review of INA §212(i) Waiver Denials Limited to Appeals: SHABAJ v. HOLDER

Date: Apr 26, 2013

Judicial Review of INA §212(i) Waiver Denials Limited to Appeals: SHABAJ v. HOLDER Introduction Paulin Shabaj v. Eric H. Holder, Jr., et al. is a pivotal case decided by the United States Court of...

Res Judicata in Correctional Due Process: Proctor v. LeClaire Analysis

Date: Apr 26, 2013

Res Judicata in Correctional Due Process: Proctor v. LeClaire Analysis Introduction Patrick Proctor v. Lucien J. LeClaire, Jr., Deputy Commissioner, Department of Correctional Services is a pivotal...