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  • Commentaries
  • Judgments

2d Circuit Case Commentaries

Second Circuit Reaffirms Entitlement to Non-Pecuniary Damages in Default Judgments

Second Circuit Reaffirms Entitlement to Non-Pecuniary Damages in Default Judgments

Date: Jan 5, 2010
Second Circuit Reaffirms Entitlement to Non-Pecuniary Damages in Default Judgments Comprehensive Commentary on Walter House and Debra House v. Kent Worldwide Machine Works, Inc., 359 F. App'x 206 (2d...
Cornejo v. Dually: Establishing Immunity Standards for Child Protective Services Personnel

Cornejo v. Dually: Establishing Immunity Standards for Child Protective Services Personnel

Date: Jan 5, 2010
Cornejo v. Dually: Establishing Immunity Standards for Child Protective Services Personnel Introduction The case of Cornejo v. Dually (592 F.3d 121) presents a pivotal examination of the immunity...
Second Circuit Affirms Glomar Doctrine Application to FOIA Requests for Public Intelligence Programs

Second Circuit Affirms Glomar Doctrine Application to FOIA Requests for Public Intelligence Programs

Date: Dec 31, 2009
Second Circuit Affirms Glomar Doctrine Application to FOIA Requests for Public Intelligence Programs Introduction In the landmark case of Wilner et al. v. National Security Agency and Department of...
Affirmation of SSA's Denial of Disability Benefits in Calabrese v. Astrue

Affirmation of SSA's Denial of Disability Benefits in Calabrese v. Astrue

Date: Dec 24, 2009
Affirmation of SSA's Denial of Disability Benefits in Calabrese v. Astrue Introduction In the case of Darlene Hanselman Calabrese v. Michael J. Astrue, Commissioner of Social Security, the United...
Defrauding the United States: Upholding Judicial Integrity in Terrorism-Related Cases

Defrauding the United States: Upholding Judicial Integrity in Terrorism-Related Cases

Date: Dec 24, 2009
Defrauding the United States: Upholding Judicial Integrity in Terrorism-Related Cases Introduction The case of United States of America v. Lynne Stewart, Mohammed Yousry, Ahmed Abdel Sattar (590 F.3d...
Fulton v. Goord: Expanding ADA and Rehabilitation Act Protections in Correctional Visitation Programs

Fulton v. Goord: Expanding ADA and Rehabilitation Act Protections in Correctional Visitation Programs

Date: Dec 23, 2009
Fulton v. Goord: Expanding ADA and Rehabilitation Act Protections in Correctional Visitation Programs Introduction The case of Eunice Fulton v. Commissioner Glen S. Goord, Department of Correctional...
Second Circuit Upholds Twombly/Iqbal Pleading Standards in Prolonged Immigration Detention Claims

Second Circuit Upholds Twombly/Iqbal Pleading Standards in Prolonged Immigration Detention Claims

Date: Dec 19, 2009
Second Circuit Upholds Twombly/Iqbal Pleading Standards in Prolonged Immigration Detention Claims Introduction In the case of Ibrahim Turkmen, Asif-Ur-Rehman Saffi, Syed Amjad Ali Jaffri, Akil...
Special Needs Doctrine Validates NYPD's Breathalyzer Requirements for Officers After Weapon Discharge

Special Needs Doctrine Validates NYPD's Breathalyzer Requirements for Officers After Weapon Discharge

Date: Dec 12, 2009
Special Needs Doctrine Validates NYPD's Breathalyzer Requirements for Officers After Weapon Discharge Introduction The case of Patrolmen's Benevolent Association v. City of New York addressed a...
Amtrak v. United Transportation Union: Judicial Review Under the Railway Labor Act

Amtrak v. United Transportation Union: Judicial Review Under the Railway Labor Act

Date: Dec 10, 2009
Amtrak v. United Transportation Union: Judicial Review Under the Railway Labor Act Introduction In the landmark case United Transportation Union and Carmen J. Famulare v. National Railroad Passenger...
Second Circuit Establishes Clarification on Settlement Agreements in Class Actions

Second Circuit Establishes Clarification on Settlement Agreements in Class Actions

Date: Dec 9, 2009
Second Circuit Establishes Clarification on Settlement Agreements in Class Actions Introduction In the landmark case of People United for Children, Inc. v. City of New York, the United States Court...
Clarifying Aggravated Felony Removability: Subsection U’s Distinct Role and Due Process Protections in INA

Clarifying Aggravated Felony Removability: Subsection U’s Distinct Role and Due Process Protections in INA

Date: Dec 9, 2009
Clarifying Aggravated Felony Removability: Subsection U’s Distinct Role and Due Process Protections in INA Introduction The case of Frantzcia Pierre v. Eric H. Holder, Jr. represents a pivotal moment...
Refining Dilution Standards: Insights from Starbucks Corp. v. Wolfe's Borough Coffee

Refining Dilution Standards: Insights from Starbucks Corp. v. Wolfe's Borough Coffee

Date: Dec 4, 2009
Refining Dilution Standards: Insights from Starbucks Corp. v. Wolfe's Borough Coffee Introduction In the landmark case Starbucks Corporation v. Wolfe's Borough Coffee, Inc., the United States Court...
Aiding and Abetting Under Securities Laws: Insights from SEC v. DiBella and NCV

Aiding and Abetting Under Securities Laws: Insights from SEC v. DiBella and NCV

Date: Nov 26, 2009
Aiding and Abetting Under Securities Laws: Insights from SEC v. DiBella and NCV Introduction SEC v. DiBella and NCV is a landmark case adjudicated by the United States Court of Appeals for the Second...
Defining Boundaries of Equitable Tolling under AEDPA: Insights from Saunders v. Senkowski

Defining Boundaries of Equitable Tolling under AEDPA: Insights from Saunders v. Senkowski

Date: Nov 25, 2009
Defining Boundaries of Equitable Tolling under AEDPA: Insights from Saunders v. Senkowski Introduction Nathan Saunders v. Daniel Senkowski, 587 F.3d 543 (2d Cir. 2009), addresses critical issues...
Second Circuit Upholds BIA's Chevron-Defended Interpretation of Penalty Statute, Confirming Carrier Liability Despite Post-Arrival Waivers in United Airlines, Air India, and Finnair Cases

Second Circuit Upholds BIA's Chevron-Defended Interpretation of Penalty Statute, Confirming Carrier Liability Despite Post-Arrival Waivers in United Airlines, Air India, and Finnair Cases

Date: Nov 21, 2009
Second Circuit Upholds BIA's Chevron-Defended Interpretation of Penalty Statute, Confirming Carrier Liability Despite Post-Arrival Waivers in United Airlines, Air India, and Finnair Cases...
Enhancing the Burden of Proof in First Amendment Retaliation Claims under Section 1983: Pavone v. Cortlandt

Enhancing the Burden of Proof in First Amendment Retaliation Claims under Section 1983: Pavone v. Cortlandt

Date: Nov 20, 2009
Enhancing the Burden of Proof in First Amendment Retaliation Claims under Section 1983: Pavone v. Cortlandt Introduction Pavone v. Cortlandt, 353 F. App'x 622 (2d Cir. 2009), presents a significant...
Second Circuit Affirms Denial of §2255 Motion for Ineffective Assistance of Counsel: Criteria for Evidentiary Hearings

Second Circuit Affirms Denial of §2255 Motion for Ineffective Assistance of Counsel: Criteria for Evidentiary Hearings

Date: Nov 14, 2009
Second Circuit Affirms Denial of §2255 Motion for Ineffective Assistance of Counsel: Criteria for Evidentiary Hearings Introduction In the case of Frederick PUGLISI v. UNITED STATES of America, 586...
Establishing Prosecutorial Absolute Immunity in Post-Conviction Proceedings: Warney v. Monroe County

Establishing Prosecutorial Absolute Immunity in Post-Conviction Proceedings: Warney v. Monroe County

Date: Nov 14, 2009
Establishing Prosecutorial Absolute Immunity in Post-Conviction Proceedings: Warney v. Monroe County Introduction The case of Douglas Warney v. Monroe County addresses profound questions regarding...
Strict Educational Threshold for FLSA Professional Exemption Reinforced in Young v. Cooper Cameron

Strict Educational Threshold for FLSA Professional Exemption Reinforced in Young v. Cooper Cameron

Date: Nov 13, 2009
Strict Educational Threshold for FLSA Professional Exemption Reinforced in Young v. Cooper Cameron Introduction The landmark decision in Andrew Young v. Cooper Cameron Corporation, reported in 586...
Enhancing the "Substantive Connection" Standard under 21 U.S.C. § 848(e)(1)(A)

Enhancing the "Substantive Connection" Standard under 21 U.S.C. § 848(e)(1)(A)

Date: Nov 6, 2009
Enhancing the "Substantive Connection" Standard under 21 U.S.C. § 848(e)(1)(A) Introduction In United States v. Caraballo, the United States Court of Appeals for the Second Circuit addressed...
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