2d Circuit Case Commentaries

Reassessing Excess Insurance Liability: Second Circuit Vacates Summary Judgment in Mutual Marine v. General Star

Date: Nov 6, 2009

Reassessing Excess Insurance Liability: Second Circuit Vacates Summary Judgment in Mutual Marine v. General Star Introduction The legal landscape of excess insurance liability was significantly...

Affirmation of Dismissal in Maher Arar Case: Limiting Bivens Remedies in Extraordinary Rendition Contexts

Date: Nov 3, 2009

Affirmation of Dismissal in Maher Arar Case: Limiting Bivens Remedies in Extraordinary Rendition Contexts Introduction Maher ARAR v. ASHCROFT is a significant case decided by the United States Court...

Affirming the Reliability of Credible Fear Interviews in Credibility Assessments: In Re Zhang (2009)

Date: Oct 31, 2009

Affirming the Reliability of Credible Fear Interviews in Credibility Assessments: In Re Zhang (2009) Introduction In the landmark case of In Re Zhang, 585 F.3d 715 (2d Cir. 2009), the United States...

Judicial and Quasi-Judicial Immunity in Conservatorship Proceedings: Insights from Gross v. Rell

Date: Oct 28, 2009

Judicial and Quasi-Judicial Immunity in Conservatorship Proceedings: Insights from Gross v. Rell Introduction The case Daniel Gross, Plaintiff, Carolyn Dee King, Plaintiff-Appellant, v. M. Jodi Rell,...

Binding Forum Selection Clauses on Non-Signatories Under Successorship Doctrine

Date: Oct 24, 2009

Binding Forum Selection Clauses on Non-Signatories Under Successorship Doctrine Introduction The litigation between Aguas Lenders Recovery Group LLC (“ALRG”) and Agua y Saneamientos Argentinos, S.A....

Non-Renewal of Employment Contracts Constitutes Adverse Employment Action under Title VII and ADEA: Insights from LEIBOWITZ v. CORNELL UNIVERSITY

Date: Oct 24, 2009

Non-Renewal of Employment Contracts Constitutes Adverse Employment Action under Title VII and the ADEA: Insights from LEIBOWITZ v. CORNELL UNIVERSITY Introduction LEIBOWITZ v. CORNELL UNIVERSITY is a...

Rooker-Feldman Doctrine Not Applicable to Interlocutory State Court Orders: Sharice Green Case Analysis

Date: Oct 22, 2009

Rooker-Feldman Doctrine Not Applicable to Interlocutory State Court Orders: Sharice Green Case Analysis Introduction In the landmark case of Sharice Green v. Dually and on behalf of her minor child...

Admissibility and Harmlessness of Prior Convictions Under Federal Rule of Evidence 404(b): Insights from United States v. McCallum Jr.

Date: Oct 20, 2009

Admissibility and Harmlessness of Prior Convictions Under Federal Rule of Evidence 404(b): Insights from United States v. McCallum Jr. Introduction United States v. John McCallum, Jr., 584 F.3d 471...

Overturning Winter Storm: Second Circuit Limits Admiralty Rule B Attachments on EFTs

Date: Oct 17, 2009

Overturning Winter Storm: Second Circuit Limits Admiralty Rule B Attachments on EFTs Introduction In the landmark case The Shipping Corporation of India Ltd. v. Jaldhi Overseas Pte Ltd. (585 F.3d...

Establishing Antitrust Standing for Direct Purchasers in Patent Fraud Cases

Date: Oct 17, 2009

Establishing Antitrust Standing for Direct Purchasers in Patent Fraud Cases Introduction The case of Meijer, Inc., Meijer Distribution, Inc., on behalf of themselves and all others similarly...

Establishing Standing in Dormant Commerce Clause Challenges: SELEVAN v. NEW YORK THRUWAY AUTHORITY

Date: Oct 16, 2009

Establishing Standing in Dormant Commerce Clause Challenges: SELEVAN v. NEW YORK THRUWAY AUTHORITY Introduction In the landmark case of SELEVAN v. NEW YORK THRUWAY AUTHORITY, the United States Court...

Reconciling Special Verdicts and Qualified Immunity: A Comprehensive Analysis of ACZEL v. LABONIA

Date: Oct 10, 2009

Reconciling Special Verdicts and Qualified Immunity: A Comprehensive Analysis of ACZEL v. LABONIA Introduction The case of John Aczel v. Leonard Labonia and Ethan Mable, decided by the United States...

Clarifying School Placement Requirements Under IDEA: Insights from T.Y. v. New York City Department of Education

Date: Oct 10, 2009

Clarifying School Placement Requirements Under IDEA: Insights from T.Y. v. New York City Department of Education Introduction In T.Y., K.Y., on behalf of T.Y., Plaintiffs-Appellants, v. New York City...

Enforcement of Arbitral Awards and Apparent Authority: Insights from Telenor v. Storm

Date: Oct 9, 2009

Enforcement of Arbitral Awards and Apparent Authority: Insights from Telenor v. Storm Introduction TELENOR MOBILE COMMUNICATIONS AS v. STORM LLC is a pivotal case adjudicated by the United States...

Strengthening Standards for Deliberate Indifference and Associational Discrimination Claims under the Rehabilitation Act: Loeffler v. Staten Island University Hospital

Date: Oct 7, 2009

Strengthening Standards for Deliberate Indifference and Associational Discrimination Claims under the Rehabilitation Act: Loeffler v. Staten Island University Hospital Introduction Loeffler v. Staten...

Second Circuit Affirms FCRA Preemption of State Common-Law Claims in Mortgage Trigger Leads

Date: Oct 6, 2009

Second Circuit Affirms FCRA Preemption of State Common-Law Claims in Mortgage Trigger Leads Introduction In Premium Mortgage Corp. v. Equifax, Inc., the United States Court of Appeals for the Second...

Failure to Demonstrate Reasonable Accommodation: Second Circuit Affirms Summary Judgment in McBride v. BIC

Date: Oct 6, 2009

Failure to Demonstrate Reasonable Accommodation: Second Circuit Affirms Summary Judgment in McBride v. BIC Introduction In the case of Sandra McBride v. BIC Consumer Products Manufacturing Company,...

Establishing De Novo Resentencing in Partial Conviction Reversals: United States v. Rigas

Date: Oct 6, 2009

Establishing De Novo Resentencing in Partial Conviction Reversals: United States v. Rigas Introduction United States v. John J. Rigas and Timothy J. Rigas (583 F.3d 108) is a seminal case adjudicated...

Establishing Purpose as a Standard for Accessorial Liability under the ATS: Analysis of Presbyterian Church of Sudan v. Matthew Mathiang Deang

Date: Oct 3, 2009

Establishing Purpose as a Standard for Accessorial Liability under the ATS: Analysis of Presbyterian Church of Sudan v. Matthew Mathiang Deang Introduction The case of Presbyterian Church of Sudan v....

Timeliness and Damages in Payment Bond Claims: Arch Insurance Co. v. Precision Stone, Inc.

Date: Oct 2, 2009

Timeliness and Damages in Payment Bond Claims: Arch Insurance Co. v. Precision Stone, Inc. Introduction In the case of Arch Insurance Company and Lumbermens Mutual Casualty Company v. Precision...

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