2d Circuit Case Commentaries

Second Circuit Sets New Precedent on 'Favorable Termination' in Malicious Prosecution Claims Under Connecticut Law

Date: Oct 1, 2009

Second Circuit Sets New Precedent on 'Favorable Termination' in Malicious Prosecution Claims Under Connecticut Law Introduction In the landmark case of Dale C. Roberts v. Joe Babkiewicz, the United...

Second Circuit Sets New Precedent on Attorney-Client Relationships and Witness-Advocate Rule in MetLife Demutualization Case

Date: Sep 30, 2009

Second Circuit Sets New Precedent on Attorney-Client Relationships and Witness-Advocate Rule in MetLife Demutualization Case Introduction The case of Darren F. Murray, Mary A. DeVito, et al. v....

Second Circuit Limits Due Process Protections for Foreign State Instrumentalities: Frontera Resources v. SOCAR

Date: Sep 29, 2009

Second Circuit Limits Due Process Protections for Foreign State Instrumentalities: Frontera Resources v. SOCAR Introduction The case of Frontera Resources Azerbaijan Corporation ("Frontera") v. State...

Adopting a Subjective Standard for Deliberate Indifference Claims under the Fourteenth Amendment

Date: Sep 23, 2009

Adopting a Subjective Standard for Deliberate Indifference Claims under the Fourteenth Amendment Introduction In the case of Anthony Caiozzo, as Administrator of the Estate of Phillip Caiozzo v....

Environmental Guardians v. Power Titans: Establishing Federal Common Law Nuisance in Climate Change Litigation

Date: Sep 22, 2009

Environmental Guardians v. Power Titans: Establishing Federal Common Law Nuisance in Climate Change Litigation Introduction In a landmark decision, the United States Court of Appeals for the Second...

Ensuring Procedural Fairness for Pro Se Litigants in Summary Judgment Motions: A Comprehensive Analysis of Hernández v. Coffey

Date: Sep 22, 2009

Ensuring Procedural Fairness for Pro Se Litigants in Summary Judgment Motions: A Comprehensive Analysis of Hernández v. Coffey Introduction In the landmark case José Hernández v. Coffey, the United...

Establishing Personal Involvement in §1983 Claims: A Detailed Commentary on Rivera v. Fischer et al.

Date: Sep 19, 2009

Establishing Personal Involvement in §1983 Claims: A Detailed Commentary on Rivera v. Fischer et al. Introduction In the landmark case of Robert Rivera v. Brian Fischer, et al. (655 F. Supp. 2d 235,...

Section 502(d) Does Not Bar Administrative Expense Claims Under Section 503(b): An Analysis of In re AMES DEPARTMENT STORES, INC.

Date: Sep 19, 2009

Section 502(d) Does Not Bar Administrative Expense Claims Under Section 503(b): An Analysis of In re AMES DEPARTMENT STORES, INC. Introduction The case of ASM Capital, LP v. Ames Department Stores,...

Second Circuit Highlights Genuine Issues in Racial Discrimination and Hostile Work Environment Claims: Aulicino v. NYC Department of Homeless Services

Date: Sep 9, 2009

Second Circuit Highlights Genuine Issues in Racial Discrimination and Hostile Work Environment Claims: Aulicino v. NYC Department of Homeless Services Introduction Thomas A. Aulicino, a Motor Vehicle...

Second Circuit Affirms PSLRA-Mandated Sanctions Without Requirement of Subjective Bad Faith

Date: Sep 3, 2009

Second Circuit Affirms PSLRA-Mandated Sanctions Without Requirement of Subjective Bad Faith Introduction The case of ATSI Communications, Inc. v. The Shaar Fund, Ltd. revolves around the imposition...

Affirmation of Social Security Disability Denial Upholds Substantial Evidence Standard

Date: Aug 29, 2009

Affirmation of Social Security Disability Denial Upholds Substantial Evidence Standard Introduction In the case of Tammy Kennedy v. Michael J. Astrue, Commissioner of Social Security, the United...

Judicial Immunity Upheld in Compensation Decisions for Court-Appointed Counsel: Bliven v. d. BLIVEN

Date: Aug 29, 2009

Judicial Immunity Upheld in Compensation Decisions for Court-Appointed Counsel: Bliven v. d. BLIVEN Introduction Bliven v. d. BLIVEN, 579 F.3d 204 (2d Cir. 2009), is a significant case addressing the...

Default Judgment and Injunctive Relief in Trademark Infringement: Bravado International Group v. Ninna, Inc.

Date: Aug 28, 2009

Default Judgment and Injunctive Relief in Trademark Infringement: Bravado International Group v. Ninna, Inc. Introduction The case of Bravado International Group Merchandising Services, Inc. v....

Sousa v. DEP Officials: Reaffirming the Non-Dispositive Nature of Speaker's Motive in Matters of Public Concern

Date: Aug 22, 2009

Sousa v. DEP Officials: Reaffirming the Non-Dispositive Nature of Speaker's Motive in Matters of Public Concern Introduction Sousa v. DEP Officials, 578 F.3d 164 (2d Cir. 2009), is a pivotal case...

Establishment Clause Violation in Contract Postal Units: The Case of Bertram Cooper v. U.S. Postal Service

Date: Aug 21, 2009

Establishment Clause Violation in Contract Postal Units: The Case of Bertram Cooper v. U.S. Postal Service Introduction The case of Bertram Cooper v. U.S. Postal Service (577 F.3d 479, United States...

State-Created Danger Doctrine Reinforced in Okin v. Cornwall Police Departments

Date: Aug 19, 2009

State-Created Danger Doctrine Reinforced in Okin v. Cornwall Police Departments Introduction Michele Okin, the plaintiff-appellant, filed a lawsuit against the Village of Cornwall-on-Hudson Police...

Extending the Continuing Violation Doctrine to Eighth Amendment Claims of Deliberate Medical Indifference

Date: Aug 14, 2009

Extending the Continuing Violation Doctrine to Eighth Amendment Claims of Deliberate Medical Indifference Introduction The case of Jose J. SHOMO v. CITY OF NEW YORK addressed significant issues...

Finkel v. Whiffen Electric Co.: Defining ERISA Fiduciary Duty and Enforcing Personal Liability under N.Y. U.C.C. §3-403

Date: Aug 12, 2009

Finkel v. Whiffen Electric Co.: Defining ERISA Fiduciary Duty and Enforcing Personal Liability under N.Y. U.C.C. §3-403 Introduction The case of Finkel v. Whiffen Electric Co., decided by the United...

FLSA Enterprise Coverage Excludes Private Non-Profit Contractors: Second Circuit Establishes New Precedent

Date: Aug 12, 2009

FLSA Enterprise Coverage Excludes Private Non-Profit Contractors: Second Circuit Establishes New Precedent Introduction The case of Linda Jacobs, Wendy Slaughter, and Kenneth Brown, Individually and...

Davis v. Barrett: Enhanced Scrutiny of Procedural Due Process in Administrative Segregation

Date: Aug 8, 2009

Davis v. Barrett: Enhanced Scrutiny of Procedural Due Process in Administrative Segregation Introduction Davis v. Barrett is a pivotal case adjudicated by the United States Court of Appeals, Second...

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