2d Circuit Case Commentaries

Summa v. Hofstra University: Strengthening Protections Against Retaliation in Employment Discrimination

Date: Feb 22, 2013

Summa v. Hofstra University: Strengthening Protections Against Retaliation in Employment Discrimination Introduction Lauren E. Summa, a former graduate student and team manager at Hofstra University,...

Second Circuit Reinforces Importance of Treating Physician's Diagnosis in Fibromyalgia Disability Claims: Selian v. Astrue

Date: Feb 22, 2013

Second Circuit Reinforces Importance of Treating Physician's Diagnosis in Fibromyalgia Disability Claims: Selian v. Astrue Introduction Robert Selian, the plaintiff-appellant, challenged the denial...

Establishing Limitations on Punitive Damages in Police Excessive Force Cases: Payne v. Jones

Date: Feb 16, 2013

Establishing Limitations on Punitive Damages in Police Excessive Force Cases: Payne v. Jones Introduction Payne v. Jones is a landmark case adjudicated by the United States Court of Appeals, Second...

ROTHSTEIN v. UBS AG: Clarifying Article III Standing and Proximate Cause under the Anti-Terrorism Act

Date: Feb 15, 2013

ROTHSTEIN v. UBS AG: Clarifying Article III Standing and Proximate Cause under the Anti-Terrorism Act Introduction ROTHSTEIN v. UBS AG, 708 F.3d 82 (2d Cir. 2013) is a pivotal case that examines the...

Procedural Due Process Must Precede Civil Commitment of SVPs: Second Circuit Upholds District Court Decision in BAILEY v. PATAKI

Date: Feb 15, 2013

Procedural Due Process Must Precede Civil Commitment of SVPs: Second Circuit Upholds District Court Decision in BAILEY v. PATAKI Introduction In BAILEY v. PATAKI, the United States Court of Appeals...

Affirmation of Antitrust Standing Requirements in Bid-Rigging Cases: Gatt Communications v. PMC Associates

Date: Feb 15, 2013

Affirmation of Antitrust Standing Requirements in Bid-Rigging Cases: Gatt Communications v. PMC Associates Introduction The case of Gatt Communications, Inc. v. PMC Associates, L.L.C. adjudicated by...

Affirming Standards for Press Release Materiality in Securities Fraud: Elan Corp. v. Kleinman

Date: Feb 2, 2013

Affirming Standards for Press Release Materiality in Securities Fraud: Elan Corp. v. Kleinman Introduction In Gary W. Kleinman v. Elan Corporation et al., the United States Court of Appeals for the...

Sham Issue of Fact Doctrine Reinforced in Fosamax Liability Litigation

Date: Jan 31, 2013

Sham Issue of Fact Doctrine Reinforced in Fosamax Liability Litigation Introduction The case IN RE FOSAMAX PRODUCTS LIABILITY LITIGATION (Linda Secrest v. Merck, Sharp & Dohme Corp.) adjudicated by...

Interpreting Exhaustion Requirements and Amendments under ERISA: Kirkendall v. Halliburton

Date: Jan 30, 2013

Interpreting Exhaustion Requirements and Amendments under ERISA: Kirkendall v. Halliburton Introduction The case of Kathy Joy Kirkendall et al. v. Halliburton, Inc. et al. (707 F.3d 173) adjudicated...

Second Circuit Establishes New Precedent for ADA Title II Reasonable Modifications and State Sovereign Immunity

Date: Jan 30, 2013

Second Circuit Establishes New Precedent for ADA Title II Reasonable Modifications and State Sovereign Immunity Introduction In the case of Mary Jo C. v. New York State and Local Retirement System,...

Affirmation of Summary Judgment: Qualified Immunity and Pretext in Employment Discrimination

Date: Jan 29, 2013

Affirmation of Summary Judgment: Qualified Immunity and Pretext in Employment Discrimination Introduction The case of Edwin Garcia v. Hartford Police Department explores critical issues surrounding...

Admissibility of State Court Restraining Orders as Evidence of Knowledge and Intent: United States v. Dupree

Date: Jan 29, 2013

Admissibility of State Court Restraining Orders as Evidence of Knowledge and Intent: United States v. Dupree Introduction The case of United States v. Courtney Dupree, decided by the United States...

Affirmation of Residual Functional Capacity Assessments in SSA Disability Claims: Pellam v. Astrue

Date: Jan 29, 2013

Affirmation of Residual Functional Capacity Assessments in SSA Disability Claims: Pellam v. Astrue Introduction Pellam v. Astrue is a notable case adjudicated by the United States Court of Appeals...

Substantial Evidence in Assessing Residual Functional Capacity: Insights from Matta v. Astrue

Date: Jan 26, 2013

Substantial Evidence in Assessing Residual Functional Capacity: Insights from Matta v. Astrue Introduction The case of Nelson J. Matta v. Michael J. Astrue, Commissioner of the Social Security...

Public Reprimand of Attorney Douglas Payne Reinforces Standards for Attorney Conduct under Federal Appellate Rules

Date: Jan 26, 2013

Public Reprimand of Attorney Douglas Payne Reinforces Standards for Attorney Conduct under Federal Appellate Rules Introduction The case of In re Douglas PAYNE, Attorney (707 F.3d 195) adjudicated by...

Parens Patriae Actions and CAFA: Second Circuit Establishes Non-Applicability as Class Actions

Date: Jan 10, 2013

Parens Patriae Actions and CAFA: Second Circuit Establishes Non-Applicability as Class Actions Introduction The case of Purdue Pharma L.P. v. Commonwealth of Kentucky and Pike County examines the...

2nd Circuit's Interpretation of Section 16(b): Distinct Stock Types Exempt from Short-Swing Profit Rule

Date: Jan 8, 2013

2nd Circuit's Interpretation of Section 16(b): Distinct Stock Types Exempt from Short-Swing Profit Rule Introduction In the landmark case of Michael D. Gibbons v. John C. Malone, et al., the United...

Middle Finger Gesture and Fourth Amendment Seizure: Swartz v. Insogna and Collins - Second Circuit Decision

Date: Jan 4, 2013

Middle Finger Gesture and Fourth Amendment Seizure: Swartz v. Insogna and Collins - Second Circuit Decision Introduction In the case of John Swartz and Judy Mayton–Swartz v. Richard Insogna and Kevin...

Establishing Long-Arm Jurisdiction through Cross-Border Computer Server Access: MacDermid, Inc. v. Jackie Deiter

Date: Dec 27, 2012

Establishing Long-Arm Jurisdiction through Cross-Border Computer Server Access: MacDermid, Inc. v. Jackie Deiter Introduction The case MacDermid, Inc. v. Jackie Deiter, adjudicated by the United...

Second Circuit Clarifies Standards for Hostile Work Environment and Retaliation Claims in RGRTA v. Rivera and Talton

Date: Dec 22, 2012

Second Circuit Clarifies Standards for Hostile Work Environment and Retaliation Claims in RGRTA v. Rivera and Talton Introduction In RGRTA v. Rivera and Talton, the United States Court of Appeals for...