2d Circuit Case Commentaries

Zabala v. ASTRUE: Upholding the Treating Physician Rule and Substantial Evidence Standard in SSI Disability Determinations

Date: Feb 12, 2010

Zabala v. ASTRUE: Upholding the Treating Physician Rule and Substantial Evidence Standard in SSI Disability Determinations Introduction Gloria Zabala filed a petition for Supplemental Security Income...

Establishing Precedent on Employment Classification under NY Labor Law §191-c and Service of Process: DeLuca v. AccessIT Group

Date: Feb 10, 2010

Establishing Precedent on Employment Classification under NY Labor Law §191-c and Service of Process: DeLuca v. AccessIT Group Introduction The case of Jeremy F. DeLuca v. AccessIT Group, Inc. (695...

BOLMER v. OLIVEIRA: Establishing Rigorous Standards for Involuntary Commitment under Substantive Due Process

Date: Feb 9, 2010

BOLMER v. OLIVEIRA: Establishing Rigorous Standards for Involuntary Commitment under Substantive Due Process Introduction In BOLMER v. OLIVEIRA, the United States Court of Appeals for the Second...

Clear Channel Outdoor, Inc. v. City of New York: Upholding Zoning Restrictions on Outdoor Advertising under First Amendment

Date: Feb 4, 2010

Clear Channel Outdoor, Inc. v. City of New York: Upholding Zoning Restrictions on Outdoor Advertising under First Amendment Introduction The case of Clear Channel Outdoor, Inc., et al. v. City of New...

Broadening Anti-Retaliation Protections under Title VII: Insights from Hicks v. Baines

Date: Feb 3, 2010

Broadening Anti-Retaliation Protections under Title VII: Insights from Hicks v. Baines Introduction Hicks v. Baines, 593 F.3d 159 (2d Cir. 2010), marks a significant development in the interpretation...

Mental Illness as Grounds for Equitable Tolling Under AEDPA: Insights from Bolarinwa v. Williams

Date: Jan 29, 2010

Mental Illness as Grounds for Equitable Tolling Under AEDPA: Insights from Bolarinwa v. Williams Introduction The case of Senora L. Bolarinwa v. Elizabeth Williams serves as a pivotal legal precedent...

Unconstitutionally Vague Prison Regulations: FARID v. ELLEN Establishes Clear Legal Standards

Date: Jan 29, 2010

Unconstitutionally Vague Prison Regulations: FARID v. ELLEN Establishes Clear Legal Standards Introduction FARID v. ELLEN, adjudicated by the United States Court of Appeals for the Second Circuit on...

Second Circuit Affirms Dismissal of Equal Protection Claims Against New York’s Felon Disenfranchisement Laws

Date: Jan 29, 2010

Second Circuit Affirms Dismissal of Equal Protection Claims Against New York’s Felon Disenfranchisement Laws Introduction In Hayden v. Paterson, the United States Court of Appeals for the Second...

Substantial Compliance with Mississippi Tort Claims Act Suffices to Establish Diversity Jurisdiction: Bounds v. Pine Belt Mental Health Care Resources

Date: Jan 28, 2010

Substantial Compliance with Mississippi Tort Claims Act Suffices to Establish Diversity Jurisdiction: Bounds v. Pine Belt Mental Health Care Resources Introduction Bounds v. Pine Belt Mental Health...

First Amendment Protections for Public Employees: Insights from Weintraub v. Board of Education

Date: Jan 28, 2010

First Amendment Protections for Public Employees: Insights from Weintraub v. Board of Education Introduction Weintraub v. Board of Education of the City School District of the City of New York, 593...

Enhanced Disclosure Requirements Under Form N-1A: Implications from In re Morgan Stanley Sec. Litigation

Date: Jan 26, 2010

Enhanced Disclosure Requirements Under Form N-1A: Implications from In re Morgan Stanley Securities Litigation Introduction The case of In re Morgan Stanley Information Fund Securities Litigation...

Preemption of State Law Claims in Holocaust-Era Insurance Cases: Insights from IN RE ASSICURAZIONI GENERALI S.P.A. v. Weiss et al.

Date: Jan 16, 2010

Preemption of State Law Claims in Holocaust-Era Insurance Cases: Insights from IN RE ASSICURAZIONI GENERALI S.P.A. v. Weiss et al. Introduction The case of In re Assicurazioni Generali, S.p.A., Dr....

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2d Circuit Case Commentaries

Zabala v. ASTRUE: Upholding the Treating Physician Rule and Substantial Evidence Standard in SSI Disability Determinations

Establishing Precedent on Employment Classification under NY Labor Law §191-c and Service of Process: DeLuca v. AccessIT Group

BOLMER v. OLIVEIRA: Establishing Rigorous Standards for Involuntary Commitment under Substantive Due Process

Clear Channel Outdoor, Inc. v. City of New York: Upholding Zoning Restrictions on Outdoor Advertising under First Amendment

Broadening Anti-Retaliation Protections under Title VII: Insights from Hicks v. Baines

Mental Illness as Grounds for Equitable Tolling Under AEDPA: Insights from Bolarinwa v. Williams

Unconstitutionally Vague Prison Regulations: FARID v. ELLEN Establishes Clear Legal Standards

Second Circuit Affirms Dismissal of Equal Protection Claims Against New York’s Felon Disenfranchisement Laws

Substantial Compliance with Mississippi Tort Claims Act Suffices to Establish Diversity Jurisdiction: Bounds v. Pine Belt Mental Health Care Resources

First Amendment Protections for Public Employees: Insights from Weintraub v. Board of Education

Enhanced Disclosure Requirements Under Form N-1A: Implications from In re Morgan Stanley Sec. Litigation

Preemption of State Law Claims in Holocaust-Era Insurance Cases: Insights from IN RE ASSICURAZIONI GENERALI S.P.A. v. Weiss et al.

Affirming Substantial Evidence in Disability Benefits Denial: Mancuso v. Astrue

Expansion of Arbitrator’s Authority Under ICDR Article 30(1): T.CO Metals v. Dempsey Pipe Supply

Establishing Plausibility of Antitrust Conspiracy Claims Under Twombly: Insights from Ke v. n STARR et al.

Overshadowing Validation Notices Under FDCPA: Ellis v. Solomon and Solomon, P.C.

Reiseck v. Universal Communications: Defining the Administrative Exemption Under the FLSA

Second Circuit Reinforces Evidentiary Standards for Rule 11 Sanctions: Kiobel v. Millson

Issuance of Pre-Arraignment Summons Without Restrictive Conditions Does Not Constitute a Fourth Amendment Seizure

Interpreting 'Punishable by Death' in RICO Murder Cases: Implications for Statute of Limitations