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  • Commentaries
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2d Circuit Case Commentaries

Refining Qualified Immunity: Second Circuit in Taravella v. Town of Wolcott

Refining Qualified Immunity: Second Circuit in Taravella v. Town of Wolcott

Date: Mar 17, 2010
Refining Qualified Immunity: Second Circuit in Taravella v. Town of Wolcott Introduction Denise A. Taravella, the Plaintiff-Appellee, initiated legal action against Town of Wolcott, Mayor Thomas G....
Second Circuit Clarifies Excess Insurance Coverage and Policy Interpretation in Maritime Litigation: NY Marine v. Lafarge

Second Circuit Clarifies Excess Insurance Coverage and Policy Interpretation in Maritime Litigation: NY Marine v. Lafarge

Date: Mar 16, 2010
Second Circuit Clarifies Excess Insurance Coverage and Policy Interpretation in Maritime Litigation: NY Marine v. Lafarge Introduction The appellate case of New York Marine and General Insurance...
Guarding Against Prejudicial Testimony: Second Circuit's Stance on Credibility and Probable Cause in False Arrest and Malicious Prosecution Claims

Guarding Against Prejudicial Testimony: Second Circuit's Stance on Credibility and Probable Cause in False Arrest and Malicious Prosecution Claims

Date: Mar 11, 2010
Guarding Against Prejudicial Testimony: Second Circuit's Stance on Credibility and Probable Cause in False Arrest and Malicious Prosecution Claims Introduction The case of Karen Cameron and Sylvia...
Affirmation of "Serious Questions" Standard in Preliminary Injunctions: Citigroup Global Markets v. VCG Special Opportunities Master Fund

Affirmation of "Serious Questions" Standard in Preliminary Injunctions: Citigroup Global Markets v. VCG Special Opportunities Master Fund

Date: Mar 11, 2010
Affirmation of "Serious Questions" Standard in Preliminary Injunctions: Citigroup Global Markets v. VCG Special Opportunities Master Fund Introduction The case of CITIGROUP GLOBAL MARKETS, INC.,...
Affirmation of Qualified Immunity in Inmate's RLUIPA and Constitutional Claims: Ke v. Redd

Affirmation of Qualified Immunity in Inmate's RLUIPA and Constitutional Claims: Ke v. Redd

Date: Mar 10, 2010
Affirmation of Qualified Immunity in Inmate's RLUIPA and Constitutional Claims: Ke v. Redd Introduction In Ke v. Redd, 597 F.3d 532 (2d Cir. 2010), the United States Court of Appeals for the Second...
Loss Causation Upholding Summary Judgment in In re Omnicom Group, Inc. Securities Litigation

Loss Causation Upholding Summary Judgment in In re Omnicom Group, Inc. Securities Litigation

Date: Mar 10, 2010
Loss Causation Upholding Summary Judgment in In re Omnicom Group, Inc. Securities Litigation Introduction The case In re Omnicom Group, Inc. Securities Litigation, reported at 597 F.3d 501, involves...
Rae v. Suffolk County: Affirmation of Probable Cause and Qualified Immunity in False Arrest Claims

Rae v. Suffolk County: Affirmation of Probable Cause and Qualified Immunity in False Arrest Claims

Date: Mar 6, 2010
Rae v. Suffolk County: Affirmation of Probable Cause and Qualified Immunity in False Arrest Claims Introduction In the case of Thomas Rae v. County of Suffolk et al., decided on March 5, 2010, the...
Reevaluation of Evidentiary Rulings in BELL v. ERCOLE: A Second Circuit Analysis

Reevaluation of Evidentiary Rulings in BELL v. ERCOLE: A Second Circuit Analysis

Date: Mar 5, 2010
Reevaluation of Evidentiary Rulings in BELL v. ERCOLE: A Second Circuit Analysis Introduction George Bell, the petitioner-appellant, appealed a decision from the United States District Court for the...
Establishing Political Opposition in Asylum Claims: Rodas v. Holder

Establishing Political Opposition in Asylum Claims: Rodas v. Holder

Date: Mar 3, 2010
Establishing Political Opposition in Asylum Claims: Rodas v. Holder Introduction The case of Milton Ronaldo Rodas Castro and Maria Luisa Carranza-Fuentes v. Eric H. Holder, Jr. presents a pivotal...
Application of NY UCC § 4-A-505: Statute of Repose in Electronic Funds Transfer Fraud Cases

Application of NY UCC § 4-A-505: Statute of Repose in Electronic Funds Transfer Fraud Cases

Date: Mar 3, 2010
Application of NY UCC § 4-A-505: Statute of Repose in Electronic Funds Transfer Fraud Cases Introduction The case of Youxin Ma v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (597 F.3d 84) revolves...
Affirmation of CPIUN as Self-Executing and Reaffirmation of United Nations' Absolute Immunity in US Courts: BRZAK v. UNITED NATIONS

Affirmation of CPIUN as Self-Executing and Reaffirmation of United Nations' Absolute Immunity in US Courts: BRZAK v. UNITED NATIONS

Date: Mar 3, 2010
Affirmation of CPIUN as Self-Executing and Reaffirmation of United Nations' Absolute Immunity in US Courts: BRZAK v. UNITED NATIONS Introduction The case Cynthia Brzak and Nasr Ishak v. United...
Reversing Improper Inmate Classification: Due Process in Sexual Offender Designation

Reversing Improper Inmate Classification: Due Process in Sexual Offender Designation

Date: Mar 3, 2010
Reversing Improper Inmate Classification: Due Process in Sexual Offender Designation Introduction The case of Joe Burgos VEGA v. Theresa LANTZ, Jack Tokarz, Frederick Levesque (596 F.3d 77) addressed...
Niagara Mohawk Power Corp. v. Chevron U.S.A., Inc.: Establishing State Settlements as Basis for Contribution under CERCLA §113(f)(3)(B)

Niagara Mohawk Power Corp. v. Chevron U.S.A., Inc.: Establishing State Settlements as Basis for Contribution under CERCLA §113(f)(3)(B)

Date: Feb 25, 2010
Niagara Mohawk Power Corp. v. Chevron U.S.A., Inc.: Establishing State Settlements as Basis for Contribution under CERCLA §113(f)(3)(B) Introduction In the landmark case Niagara Mohawk Power...
Interpretation of "Common Stock" in Convertible Note Indentures: LAW Debenture Trust Co. v. Maverick Tube Corp. and Tenaris S.A.

Interpretation of "Common Stock" in Convertible Note Indentures: LAW Debenture Trust Co. v. Maverick Tube Corp. and Tenaris S.A.

Date: Feb 20, 2010
Interpretation of "Common Stock" in Convertible Note Indentures: LAW Debenture Trust Co. v. Maverick Tube Corp. and Tenaris S.A. Introduction The case of LAW Debenture Trust Co. of New York v....
Establishing Genuine Issues of Fact in Workplace Discrimination: Insights from Gorzynski v. JetBlue

Establishing Genuine Issues of Fact in Workplace Discrimination: Insights from Gorzynski v. JetBlue

Date: Feb 20, 2010
Establishing Genuine Issues of Fact in Workplace Discrimination: Insights from Gorzynski v. JetBlue Introduction Diane Gorzynski v. JetBlue Airways Corporation, 596 F.3d 93 (2d Cir. 2010), represents...
Second Circuit Reaffirms Ethical Standards for Attorney Fee-Splitting in Infant Compromise Hearings

Second Circuit Reaffirms Ethical Standards for Attorney Fee-Splitting in Infant Compromise Hearings

Date: Feb 19, 2010
Second Circuit Reaffirms Ethical Standards for Attorney Fee-Splitting in Infant Compromise Hearings Introduction The case of Wagner Wagner, LLP, Daniel J. Baurkot, Esq., Non-Party-Appellants v....
Judicial Estoppel and ADA Claims: A Comprehensive Analysis of DeRosa v. National Envelope Corporation

Judicial Estoppel and ADA Claims: A Comprehensive Analysis of DeRosa v. National Envelope Corporation

Date: Feb 18, 2010
Judicial Estoppel and ADA Claims: A Comprehensive Analysis of DeRosa v. National Envelope Corporation Introduction DeRosa v. National Envelope Corporation is a pivotal case adjudicated by the United...
Enforcement of Modified Arbitration Agreements in Employment Discrimination Cases: RAGONE v. ATLANTIC VIDEO and ESPN

Enforcement of Modified Arbitration Agreements in Employment Discrimination Cases: RAGONE v. ATLANTIC VIDEO and ESPN

Date: Feb 18, 2010
Enforcement of Modified Arbitration Agreements in Employment Discrimination Cases: RAGONE v. ATLANTIC VIDEO and ESPN Introduction The case of Rita RAGONE v. ATLANTIC VIDEO at the Manhattan Center...
Affirmation of Modified Lodestar Method for Attorney's Fees in Common Fund Class Actions: McDaniel and Davies v. Schenectady County

Affirmation of Modified Lodestar Method for Attorney's Fees in Common Fund Class Actions: McDaniel and Davies v. Schenectady County

Date: Feb 17, 2010
Affirmation of Modified Lodestar Method for Attorney's Fees in Common Fund Class Actions: McDaniel and Davies v. Schenectady County Introduction The case of Nichole Marie McDaniel and Lessie Lee...
Local 649 v. Smith Barney: Reinforcing Materiality in Securities Fraud through Fee Allocation Disclosures

Local 649 v. Smith Barney: Reinforcing Materiality in Securities Fraud through Fee Allocation Disclosures

Date: Feb 17, 2010
Local 649 v. Smith Barney: Reinforcing Materiality in Securities Fraud through Fee Allocation Disclosures Introduction In Operating Local 649 Annuity Trust Fund v. Smith Barney Fund Management LLC,...
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