2d Circuit Case Commentaries

Weight of Medical Opinions in Social Security Disability Determinations: Jones-Reid v. Astrue

Date: May 15, 2012

Weight of Medical Opinions in Social Security Disability Determinations: Jones-Reid v. Astrue Introduction Jones-Reid v. Astrue is a significant case adjudicated by the United States District Court...

Plain Error Review for Unpreserved Procedural Objections under Rule 32(i)(3)(B): United States v. Wagner–Dano

Date: May 15, 2012

Plain Error Review for Unpreserved Procedural Objections under Rule 32(i)(3)(B): United States v. Wagner–Dano Introduction United States v. Melissa Wagner–Dano, 679 F.3d 83 (2d Cir. 2012), is a...

Reinforcing Fourth Amendment Rights in Child Removal Proceedings: Insights from SOUTHERLAND v. CITY OF NEW YORK

Date: May 15, 2012

Reinforcing Fourth Amendment Rights in Child Removal Proceedings: Insights from SOUTHERLAND v. CITY OF NEW YORK Introduction The case of SOUTHERLAND v. CITY OF NEW YORK (680 F.3d 127, 2nd Cir. 2012)...

Second Circuit Upholds Timely Use of Appraisal Clauses in Insurance Disputes Post-Litigation Initiation

Date: May 11, 2012

Second Circuit Upholds Timely Use of Appraisal Clauses in Insurance Disputes Post-Litigation Initiation Introduction The case of Amerex Group, Inc. v. Lexington Insurance Company et al., decided by...

Second Circuit Defines Scope of Title VII Retaliation and Alter Ego Employer Liability

Date: May 10, 2012

Second Circuit Defines Scope of Title VII Retaliation and Alter Ego Employer Liability Introduction In Martha Diane Townsend, Plaintiff–Cross–Appellee, Karlean Victoria Grey–Allen,...

Redd v. NY State Division of Parole: Appellate Court Reverses Summary Judgment on Hostile Work Environment Claim Under Title VII

Date: May 5, 2012

Redd v. NY State Division of Parole: Appellate Court Reverses Summary Judgment on Hostile Work Environment Claim Under Title VII Introduction Redd v. New York State Division of Parole is a...

Affirmation of Market Participant Exception in Project Labor Agreements: BIECA v. City of New York

Date: May 5, 2012

Affirmation of Market Participant Exception in Project Labor Agreements: BIECA v. City of New York Introduction In the case of The Building Industry Electrical Contractors Association (BIECA) v. The...

Interpretation of Tax Terminology in Offer-In-Compromise Agreements: Sarmiento v. United States

Date: May 3, 2012

Interpretation of Tax Terminology in Offer-In-Compromise Agreements: Sarmiento v. United States Introduction Case: German A. Sarmiento and Aura M. Montoya v. United States of America Court: United...

Restricting Abusive Tactics in BitTorrent Copyright Infringement Litigation

Date: May 2, 2012

Restricting Abusive Tactics in BitTorrent Copyright Infringement Litigation Introduction The case In re: BitTorrent Adult Film Copyright Infringement Cases (296 F.R.D. 80) was adjudicated by Judge...

Ficeto v. Absolute Activist Value Master Fund Limited: Defining 'Domestic Transactions' Under §10(b) of the Securities Exchange Act

Date: Apr 14, 2012

Ficeto v. Absolute Activist Value Master Fund Limited: Defining 'Domestic Transactions' Under §10(b) of the Securities Exchange Act Introduction The case of Absolute Activist Value Master Fund...

Limits of National Stolen Property Act and Economic Espionage Act in Protecting Intangible Trade Secrets: Insights from Aleynikov v. United States

Date: Apr 12, 2012

Limits of National Stolen Property Act and Economic Espionage Act in Protecting Intangible Trade Secrets: Insights from Aleynikov v. United States Introduction United States of America v. Sergey...

Strict Standards for Rule 60(b)(6) Motions: Insights from Stevens v. Da

Date: Apr 11, 2012

Strict Standards for Rule 60(b)(6) Motions: Insights from Stevens v. Da Introduction In Edward Stevens v. Da, 676 F.3d 62 (2d Cir. 2012), the United States Court of Appeals for the Second Circuit...

Clarifying 'By Reason Of' in Federal Bankruptcy Injunctions: Insights from In re Quigley Co. Inc.

Date: Apr 11, 2012

Clarifying 'By Reason Of' in Federal Bankruptcy Injunctions: Insights from In re Quigley Co. Inc. Introduction The case of In re Quigley Company, Inc. Pfizer Inc., Appellant, versus Law Offices of...

Sanctions in Civil Litigation: Insights from Enmon v. Prospect Capital Corporation

Date: Apr 7, 2012

Sanctions in Civil Litigation: Insights from Enmon v. Prospect Capital Corporation Introduction In the landmark case Enmon v. Prospect Capital Corporation, the United States Court of Appeals for the...

Second Circuit Reinforces Strict Standards for Associational Standing in ADA and Rehabilitation Act Cases

Date: Apr 7, 2012

Second Circuit Reinforces Strict Standards for Associational Standing in ADA and Rehabilitation Act Cases Introduction The case of Disability Advocates, Inc. v. New York Coalition for Quality...

Qualified Immunity and Procedural Due Process in Civil Commitment: Insights from Ahlers v. Rabinowitz

Date: Apr 7, 2012

Qualified Immunity and Procedural Due Process in Civil Commitment: Insights from Ahlers v. Rabinowitz Introduction Ahlers v. Rabinowitz, 684 F.3d 53 (2d Cir. 2012), addresses the intersection of...

Anderson News v. Defendants: Second Circuit Reinforces Plausibility Standard in Antitrust Conspiracy Claims

Date: Apr 4, 2012

Anderson News v. Defendants: Second Circuit Reinforces Plausibility Standard in Antitrust Conspiracy Claims Introduction Anderson News, L.L.C., Lloyd T. Whitaker, as the Assignee under an Assignment...

Louis Vuitton v. LY USA: Affirming Attorney’s Fee Awards in Trademark Infringement Cases with Statutory Damages

Date: Mar 30, 2012

Louis Vuitton v. LY USA: Affirming Attorney’s Fee Awards in Trademark Infringement Cases with Statutory Damages Introduction In the landmark case of Louis Vuitton Malletier S.A. v. LY USA, Inc., the...

Second Circuit Clarifies Standards for Reviewing Future Persecution Claims in Asylum Cases: Huang v. Holder

Date: Mar 28, 2012

Second Circuit Clarifies Standards for Reviewing Future Persecution Claims in Asylum Cases: Huang v. Holder Introduction The case of Hui Lin Huang and Zeng Yong Zhou v. Eric H. Holder, Jr., United...

Protecting Student Expression: The CUFF v. VALLEY CENTRAL SCHOOL DISTRICt Decision

Date: Mar 23, 2012

Protecting Student Expression: The CUFF v. VALLEY CENTRAL SCHOOL DISTRICt Decision Introduction In CUFF v. VALLEY CENTRAL SCHOOL DISTRICt, the United States Court of Appeals for the Second Circuit...