2d Circuit Case Commentaries

Admissibility of Prosecutorial Charging Decisions and Witness Credibility: United States v. Lance White

Date: Sep 29, 2012

Admissibility of Prosecutorial Charging Decisions and Witness Credibility: United States v. Lance White Introduction In United States of America v. Lance White (692 F.3d 235, 2nd Cir. 2012), the...

Affirmation of ALJ's Substantial Evidence in Disability Claims: Taylor v. Social Security Commissioner

Date: Sep 27, 2012

Affirmation of ALJ's Substantial Evidence in Disability Claims: Taylor v. Social Security Commissioner Introduction The case of Keith Taylor v. Michael J. Astrue, Commissioner of Social Security (32...

Enhancing Residual Functional Capacity Assessments in Social Security Disability Claims: Petersen v. Astrue

Date: Sep 26, 2012

Enhancing Residual Functional Capacity Assessments in Social Security Disability Claims: Petersen v. Astrue Introduction Craig Petersen filed a lawsuit against Michael J. Astrue, Commissioner of...

Default Judgment in Gunawan v. Sake Sushi: Affirming FLSA and NYLL Protections for Unpaid Wages and Improper Tip Deductions

Date: Sep 25, 2012

Default Judgment in Gunawan v. Sake Sushi: Affirming FLSA and NYLL Protections for Unpaid Wages and Improper Tip Deductions Introduction In the case of Fanny “Fei Fei” Gunawan v. Sake Sushi...

Prospective Evaluation of IEPs Under IDEA: Insights from R.E., Indi v. Dually

Date: Sep 21, 2012

Prospective Evaluation of IEPs Under IDEA: Insights from R.E., Indi v. Dually Introduction The case of R.E., Indi v. Dually, adjudicated by the United States Court of Appeals for the Second Circuit...

Prosecutorial Absolute Immunity in Investigative Interrogations: Giraldo v. Kessler

Date: Sep 15, 2012

Prosecutorial Absolute Immunity in Investigative Interrogations: Giraldo v. Kessler Introduction In the landmark case of Karla Giraldo v. Scott Evan Kessler, the United States Court of Appeals for...

Enhanced Standards for Imposing Sanctions Under Federal Rule 37: Insights from World Wide Polymers v. Shinkong Synthetic Fibers

Date: Sep 15, 2012

Enhanced Standards for Imposing Sanctions Under Federal Rule 37: Insights from World Wide Polymers v. Shinkong Synthetic Fibers Introduction World Wide Polymers, Inc. v. Shinkong Synthetic Fibers...

Official Duties and First Amendment Protections: Analyzing Ross v. Breslin

Date: Sep 11, 2012

Official Duties and First Amendment Protections: Analyzing Ross v. Breslin Introduction The case of Risa A. Ross, Plaintiff–Appellee, v. Peter F. Breslin, E. (693 F.3d 300) presents a critical...

Enforceability of Post-Enrollment Arbitration Clauses: Second Circuit Upholds Consumer Protections

Date: Sep 8, 2012

Enforceability of Post-Enrollment Arbitration Clauses: Second Circuit Upholds Consumer Protections Introduction In the case of Lucy Schnabel, Edward Schnabel, & Brian Schnabel v. Trilegiant...

Class Standing and Injury Pluring §11 Claims in NECA–IBEW v. Goldman Sachs: A Precedential Analysis

Date: Sep 7, 2012

Class Standing and Injury in §11 Claims: Insights from NECA–IBEW v. Goldman Sachs Introduction In the landmark case NECA–IBEW Health & Welfare Fund v. Goldman Sachs & Co., the United States Court of...

Second Circuit Expands FOIA Exemption 6 to Withhold Duty-Station Information of Federal Employees

Date: Sep 6, 2012

Second Circuit Expands FOIA Exemption 6 to Withhold Duty-Station Information of Federal Employees Introduction The case of Susan B. Long and David Burnham v. Office of Personnel Management (OPM)...

Equitable Mootness in Bankruptcy Reorganization: Insights from IN RE CHARTER COMMUNICATIONS, Inc. R2 Investments, LDC

Date: Sep 1, 2012

Equitable Mootness in Bankruptcy Reorganization: Insights from IN RE CHARTER COMMUNICATIONS, Inc. R2 Investments, LDC Introduction The case of IN RE CHARTER COMMUNICATIONS, Inc. R2 Investments, LDC...

False and Misleading Debt Collection Practices Under FDCPA: Insights from Easterling v. Collecto, Inc.

Date: Aug 31, 2012

False and Misleading Debt Collection Practices Under FDCPA: Insights from Easterling v. Collecto, Inc. Introduction The case of Berlincia Easterling v. Collecto, Inc., decided by the United States...

Balancing Defendant's Sixth Amendment Rights with Courtroom Safety: Comprehensive Commentary on Jones v. Murphy

Date: Aug 30, 2012

Balancing Defendant's Sixth Amendment Rights with Courtroom Safety: Comprehensive Commentary on Jones v. Murphy Introduction Jones v. Murphy (694 F.3d 225, 2012) is a pivotal case adjudicated by the...

Second Circuit Upholds 30-Year Sentence in Broxmeyer Case Reinforcing Sentencing Guidelines for Sexual Exploitation

Date: Aug 29, 2012

Second Circuit Upholds 30-Year Sentence in Broxmeyer Case Reinforcing Sentencing Guidelines for Sexual Exploitation Introduction In the landmark case of UNITED STATES of America v. Todd J. Broxmeyer,...

Internet Streaming Does Not Constitute 'Cable System' Under §111: WPIX v. ivi, Inc.

Date: Aug 28, 2012

Internet Streaming Does Not Constitute 'Cable System' Under §111: WPIX v. ivi, Inc. Introduction The appellate case WPIX, Inc. et al. v. ivi, Inc. (691 F.3d 275) adjudicated by the United States...

Deliberate Indifference and Qualified Immunity in School Discrimination Cases: An Analysis of DiStiso v. Wolcott

Date: Aug 22, 2012

Deliberate Indifference and Qualified Immunity in School Discrimination Cases: An Analysis of DiStiso v. Wolcott Introduction The case of Robin DiStiso, as next friend of Nicholas DiStiso, a minor,...

Sovereign Immunity and Post-Judgment Discovery in EM LTD. v. REPUBLIC OF ARGENTINA

Date: Aug 21, 2012

Sovereign Immunity and Post-Judgment Discovery in EM LTD. v. REPUBLIC OF ARGENTINA Introduction The case of EM Ltd., Plaintiff, NML Capital, Ltd., Plaintiff–Appellee, v. Republic of Argentina,...

Second Circuit Upholds New York's Prohibition on Aversive Interventions in Special Education

Date: Aug 21, 2012

Second Circuit Upholds New York's Prohibition on Aversive Interventions in Special Education Introduction In the case of Charles Bryant, indi v. Dually and as next friend and guardian of D.B., A, the...

Contorinis v. United States: Clarifying the Scope of Forfeiture in Insider Trading Cases

Date: Aug 18, 2012

Contorinis v. United States: Clarifying the Scope of Forfeiture in Insider Trading Cases Introduction In the landmark case of Contorinis v. United States, the United States Court of Appeals for the...