Second Circuit Affirms Burden on SSI Claimants to Prove Drug and Alcohol Abuse Is Not Material to Disability Determination Introduction Josephine L. Cage v. Commissioner of Social Security is a...
Recognition of Animal Control Organizations as State Actors in §1983 Actions: FABRIKANT v. FRENCH Introduction FABRIKANT v. FRENCH is a landmark case adjudicated by the United States Court of Appeals...
Affirmation of Dismissal in Anschutz v. Merrill Lynch: A New Precedent on ARS Market Manipulation and Negligent Misrepresentation Introduction The case of The Anschutz Corporation v. Merrill Lynch &...
Interpretation of "Explosive" Under 18 U.S.C. § 844(h)(1): United States v. Larone Graham Introduction United States of America v. Larone Graham, 691 F.3d 153 (2nd Cir. 2012), presents a pivotal...
Affirmation of Racketeering Conspiracy Conviction and Validation of Anonymous Jury Procedures in United States v. Antico Introduction The case of United States of America v. Anthony Antico (692 F.3d...
Settlement Class Actions in Securities Fraud: Fraud-on-the-Market Presumption Not Required for Rule 23(b)(3) Certification Introduction The case of In re American International Group, Inc. Securities...
Second Circuit Revises Tenure Retaliation Standards for High School Teachers under FMLA in Donnelly v. Greenburgh Introduction In Donnelly v. Greenburgh Central School District No. 7, the United...
Circumstantial Evidence Suffices in Age Discrimination Claims: Bucalo v. Shelter Island UFSD Introduction The case of Stephanie BUCALO v. SHELTER ISLAND UNION FREE SCHOOL DISTRICT addresses...
Federal Tort Claims Act Jurisprudence Enhanced in Liranzo v. United States Introduction In Liranzo v. United States, 690 F.3d 78 (2d Cir. 2012), the United States Court of Appeals for the Second...
Revisiting Aiding and Abetting Standard in Securities Enforcement: SEC v. Apuzzo Introduction The case of SEC v. Joseph F. Apuzzo, adjudicated by the United States Court of Appeals for the Second...
Qualified Immunity Upholds Correctional Officials' Actions in Sentencing Calculations Introduction The case of Terence Sudler and Timothy Batthany v. City of New York and Others presents a...
Establishing Third-Party Beneficiary Rights in Financial Contracts: Bayerische Landesbank v. Aladdin Capital Management LLC Introduction Bayerische Landesbank, New York Branch v. Aladdin Capital...
Classification of First-Degree Unlawful Restraint as a Violent Felony under the ACCA Affirmed by the Second Circuit Introduction Stephen Harrington v. United States of America, adjudicated by the...
Third-Party Beneficiary Claims and Tort Duty in Investment Vehicle Mismanagement: Bayerische Landesbank v. Aladdin Capital Management Introduction The case of Bayerische Landesbank, New York Branch...
Affirmation of Parole Board Discretion in Violent Felony Cases Introduction In the landmark case Peter Graziano et al. v. George Pataki et al., adjudicated by the United States Court of Appeals for...
Reaffirming the Burden of Proof in First Amendment Retaliation Claims: Analysis of Wrobel v. Erie County Introduction The case of Timothy M. Wrobel v. County of Erie, adjudicated by the United States...
Strengthening Requirements for Monell Claims: Second Circuit Reverses Municipal Liability in Jones v. Town of East Haven Introduction The case of Emma Jones, as Administratrix of the Estate of Malik...
VELEZ v. SANCHEZ: Second Circuit Limits Alien Tort Statute Jurisdiction and Reexamines FLSA Employee Classification Introduction In VELEZ v. SANCHEZ, 693 F.3d 308 (2d Cir. 2012), the United States...
Rule 41(a)(1)(A)(i) Inapplicability to Arbitration Petitions: ISC Holdings AG v. Nobel Biocare Finance AG Introduction ISC Holding AG (“ISC”) brought an action against Nobel Biocare Finance AG...
Title III ADA Does Not Impose a Civility Code: Second Circuit Affirms Dismissal in Krist v. Kolombos Restaurants Introduction In the case of Cheryl Krist v. Kolombos Restaurants, Inc., the United...