2d Circuit Case Commentaries

National Organization for Marriage v. Walsh: Expanding Ripeness Standards in Pre-Enforcement First Amendment Challenges

Date: Apr 23, 2013

National Organization for Marriage v. Walsh: Expanding Ripeness Standards in Pre-Enforcement First Amendment Challenges Introduction In the landmark case National Organization for Marriage, Inc. v....

Personal Jurisdiction Over Foreign Defendants in 9/11 Litigation: A Comprehensive Analysis of IN RE TERRORIST Attacks on September 11, 2001

Date: Apr 17, 2013

Personal Jurisdiction Over Foreign Defendants in 9/11 Litigation: A Comprehensive Analysis of IN RE TERRORIST Attacks on September 11, 2001 Introduction The judgment in IN RE TERRORIST Attacks on...

Terminating Government Programs: Limits on Judicial Review Established in J.S. v. T'KACH

Date: Apr 11, 2013

Terminating Government Programs: Limits on Judicial Review Established in J.S. v. T'KACH Introduction In the case of J.S. v. T'KACH, decided by the United States Court of Appeals for the Second...

HERA Extender Statute Applies to Statutes of Repose: FHFA v. UBS Americas Decision

Date: Apr 6, 2013

HERA Extender Statute Applies to Statutes of Repose: FHFA v. UBS Americas Decision Introduction The case Federal Housing Finance Agency (FHFA) v. UBS Americas Inc., 712 F.3d 136 (2d Cir. 2013),...

Second Circuit Clarifies AEDPA Standards on Evidentiary Errors and Due Process in Habeas Corpus: EVANS v. FISCHER

Date: Apr 4, 2013

Second Circuit Clarifies AEDPA Standards on Evidentiary Errors and Due Process in Habeas Corpus: EVANS v. FISCHER Introduction EVANS v. FISCHER, 712 F.3d 125 (2nd Cir. 2013), is a pivotal case that...

Cohen v. SAC Trading Corp.: Elevating Pleading Standards in Fraud and Fiduciary Duty Claims

Date: Apr 4, 2013

Cohen v. SAC Trading Corp.: Elevating Pleading Standards in Fraud and Fiduciary Duty Claims Introduction Cohen v. SAC Trading Corp., 711 F.3d 353 (2d Cir. 2013), marks a significant development in...

Affirmation of 18 U.S.C. § 924(c) Under the Second Amendment: United States v. Ron Bryant

Date: Apr 4, 2013

Affirmation of 18 U.S.C. § 924(c) Under the Second Amendment: United States v. Ron Bryant Introduction United States v. Ron Bryant is a pivotal case adjudicated by the United States Court of Appeals...

Affirmed Dismissal in ERISA Fiduciary Duty Case: Necessity of Plausible Allegations

Date: Apr 3, 2013

Affirmed Dismissal in ERISA Fiduciary Duty Case: Necessity of Plausible Allegations Introduction In the case of Pension Benefit Guaranty Corp., on behalf of Saint Vincent Catholic Medical Centers'...

Affirmation of Conviction in United States v. Sessa: Due Process and Rule 33 Considerations

Date: Mar 30, 2013

Affirmation of Conviction in United States v. Sessa: Due Process and Rule 33 Considerations Introduction The case of United States of America v. Michael Sessa, adjudicated by the United States Court...

United States v. James and Mallay: Affirmation of Confrontation Clause Doctrine in Admitting Autopsy Reports

Date: Mar 29, 2013

United States v. James and Mallay: Affirmation of Confrontation Clause Doctrine in Admitting Autopsy Reports Introduction In the case United States v. Richard James and Ronald Mallay, the United...

Affirming the Absence of Fiduciary Relationship in Priceline’s "Name Your Own Price" Service

Date: Mar 28, 2013

Affirming the Absence of Fiduciary Relationship in Priceline’s "Name Your Own Price" Service Introduction The case of Lee E. Johnson and Joey Marie Kelly, representing themselves and others, versus...

Affirmation of Grand Island Bridge Toll Scheme: Balancing Local Interests and Constitutional Rights

Date: Mar 28, 2013

Affirmation of Grand Island Bridge Toll Scheme: Balancing Local Interests and Constitutional Rights Introduction The case of Robert Selevan, et al. v. New York Thruway Authority (711 F.3d 253)...

Establishing Standing Based on Exposure to Potentially Harmful Substances: NRDC v. FDA

Date: Mar 22, 2013

Establishing Standing Based on Exposure to Potentially Harmful Substances: NRDC v. FDA Introduction The case of Natural Resources Defense Council, Inc. (NRDC) v. United States Food and Drug...

CDA Precludes Bivens Actions in Retaliatory Contract Termination: Insights from M.E.S., Inc. v. Snell

Date: Mar 20, 2013

CDA Precludes Bivens Actions in Retaliatory Contract Termination: Insights from M.E.S., Inc. v. Snell Introduction The case of M.E.S., Inc., George Makhoul, Plaintiffs–Appellants, v. Ella Snell, et...

Second Circuit Reverses Class Certification: Defining Clearing Brokers' Duty to Disclose in Securities Fraud – Levitt v. J.P. Morgan Securities

Date: Mar 16, 2013

Second Circuit Reverses Class Certification: Defining Clearing Brokers' Duty to Disclose in Securities Fraud – Levitt v. J.P. Morgan Securities Introduction In the case of Levitt v. J.P. Morgan...

Implied Immunity of Securities Laws and Antitrust Claims: Insights from Mayor of Baltimore v. Citigroup et al.

Date: Mar 6, 2013

Implied Immunity of Securities Laws and Antitrust Claims: Insights from Mayor of Baltimore v. Citigroup et al. Introduction The case of Mayor and City Council of Baltimore, Maryland, On Behalf of...

Redefining Essential Job Functions under the ADA: McMillan v. City of New York

Date: Mar 5, 2013

Redefining Essential Job Functions under the ADA: McMillan v. City of New York Introduction McMillan v. City of New York, 711 F.3d 120 (2d Cir., 2013), is a pivotal case addressing the interpretation...

Second Circuit Establishes Reasonable Inference of Liability for Material Misrepresentations in Securities Offerings

Date: Mar 2, 2013

Second Circuit Establishes Reasonable Inference of Liability for Material Misrepresentations in Securities Offerings Introduction The case of New Jersey Carpenters Health Fund v. The Royal Bank of...

Clarification on NY Labor Law Gap-Time Claims: Analysis of Second Circuit's Decision in Lundy v. Catholic Health System of Long Island Inc.

Date: Mar 2, 2013

Clarification on NY Labor Law Gap-Time Claims: Analysis of Second Circuit's Decision in Lundy v. Catholic Health System of Long Island Inc. Introduction The case of Lundy v. Catholic Health System of...

Mitchell v. Lyons Professional Services: Balancing Counsel Sanctions and Client Protection

Date: Mar 1, 2013

Mitchell v. Lyons Professional Services: Balancing Counsel Sanctions and Client Protection Introduction The case of Mitchell, Campbell, Campbell, and Selby v. Lyons Professional Services, Inc. (708...