2d Circuit Case Commentaries

State Action Immunity in Antitrust Law: Second Circuit's Clarification in LaFARO v. NY Cardiothoracic Group

Date: Jul 2, 2009

State Action Immunity in Antitrust Law: Second Circuit's Clarification in LaFARO v. New York Cardiothoracic Group Introduction The case of LaFARO v. New York Cardiothoracic Group addresses critical...

Significant Clarification on Residual Functional Capacity Assessments in Social Security Disability Claims

Date: Jun 27, 2009

Significant Clarification on Residual Functional Capacity Assessments in Social Security Disability Claims Introduction The case of Deborah Giddings v. Michael J. Astrue, Commissioner of Social...

Second Circuit Establishes AEDPA Standard of Review Applies Despite Federal Fact-Finding in Ineffective Assistance of Counsel Claims

Date: Jun 25, 2009

Second Circuit Establishes AEDPA Standard of Review Applies Despite Federal Fact-Finding in Ineffective Assistance of Counsel Claims Introduction In the landmark case of George Wilson v. William...

Enhanced Protections for Pro Se Claimants in Social Security Disability Hearings: Moran v. Astrue

Date: Jun 25, 2009

Enhanced Protections for Pro Se Claimants in Social Security Disability Hearings: Moran v. Astrue Introduction The case of James Moran v. Michael J. Astrue, Commissioner of Social Security (569 F.3d...

Redacted Confessions and the Confrontation Clause: Insights from United States v. Jass

Date: Jun 17, 2009

Redacted Confessions and the Confrontation Clause: Insights from United States v. Jass, 569 F.3d 47 Introduction United States v. Marian Jass, Kenneth Leight, decided by the United States Court of...

Second Circuit Affirms No Property Interest in UNICOR Employment for Federal Inmates

Date: Jun 12, 2009

Second Circuit Affirms No Property Interest in UNICOR Employment for Federal Inmates Introduction Neil Johnson v. M. Rowley is a pivotal case decided by the United States Court of Appeals for the...

JA Apparel Corp. v. Joseph Abboud: Reinterpreting Trademark Rights and Contract Ambiguity

Date: Jun 11, 2009

JA Apparel Corp. v. Joseph Abboud: Reinterpreting Trademark Rights and Contract Ambiguity Introduction The legal landscape of trademark rights and contract interpretations was notably addressed in...

Eleventh Amendment Sovereign Immunity Affirmed in Gollomp v. Spitzer: Comprehensive Analysis

Date: Jun 9, 2009

Eleventh Amendment Sovereign Immunity Affirmed in Gollomp v. Spitzer: Comprehensive Analysis Introduction Bernard P. Gollomp filed a lawsuit against Eliot Spitzer and several other defendants,...

Second Circuit Affirms Dismissal of Georgia Blue Sky Law Claims in Holmes v. Grubman and Certifies Key Legal Questions to Georgia Supreme Court

Date: Jun 4, 2009

Second Circuit Affirms Dismissal of Georgia Blue Sky Law Claims in Holmes v. Grubman and Certifies Key Legal Questions to Georgia Supreme Court Introduction In the landmark case Holmes v. Grubman,...

Sex Stereotyping in Employment Decisions: Sassaman v. Gamache Establishes New Precedent

Date: May 23, 2009

Sex Stereotyping in Employment Decisions: Sassaman v. Gamache Establishes New Precedent Introduction In the landmark case of Carl Thomas Sassaman v. David Gamache, the United States Court of Appeals...

Second Circuit Affirms Denial of Disability Benefits, Emphasizing Residual Functional Capacity under Updated Regulations

Date: May 22, 2009

Second Circuit Affirms Denial of Disability Benefits, Emphasizing Residual Functional Capacity under Updated Regulations Introduction In the case of Paul Poupore v. Michael J. Astrue, Commissioner of...

Validating Suggestive Showup Identification Under Federal Habeas Standards: Brisco v. Ercole

Date: May 14, 2009

Validating Suggestive Showup Identification Under Federal Habeas Standards: Brisco v. Ercole Introduction Frank Brisco, the petitioner-appellee, challenged the admissibility of an eyewitness...

Exceptional and Extremely Unusual Hardship Standard in Cancellation of Removal: In Re Juan Manuel Mendez

Date: May 9, 2009

Exceptional and Extremely Unusual Hardship Standard in Cancellation of Removal: In Re Juan Manuel Mendez Introduction The case of Juan Manuel Mendez v. Eric H. Holder Jr., Attorney General addresses...

Establishing Diversity Jurisdiction in Arbitration Disputes: Insights from Durant v. Dupont

Date: May 7, 2009

Establishing Diversity Jurisdiction in Arbitration Disputes: Insights from Durant v. Dupont Introduction The case of Durant, Nichols, Houston, Hodgson, Cortese-Costa, P.C. v. Ralph P. Dupont (565...

Establishing Pleading Standards and Jurisdictional Requirements in Civil Litigation: Rusyniak v. Gensini et al.

Date: May 6, 2009

Establishing Pleading Standards and Jurisdictional Requirements in Civil Litigation: Rusyniak v. Gensini et al. Introduction The case of Rusyniak v. Gensini, De Montaigu, and Concha Futura, S.A....

Extension of Supervised Release Requires Consideration of Section 3553(a) Factors

Date: May 6, 2009

Extension of Supervised Release Requires Consideration of Section 3553(a) Factors Introduction The case of United States of America v. Raphael Vargas (564 F.3d 618, Second Circuit, 2009) presents...

Establishing Corporate Management Authority in Bankruptcy: In re BAYOU GROUP, LLC

Date: May 2, 2009

Establishing Corporate Management Authority in Bankruptcy: In re BAYOU GROUP, LLC Introduction The case of In re BAYOU GROUP, LLC addresses a pivotal issue in bankruptcy law: the authority to appoint...

Affirmation of Dismissal for Failure to Prosecute in Lewis v. Rawson

Date: Apr 29, 2009

Affirmation of Dismissal for Failure to Prosecute in Lewis v. Rawson Introduction Teddy Lewis, a New York State inmate serving a life sentence for multiple murders, initiated a civil action under 42...

Limits of ERISA Anti-Retaliation Protections in Corporate Terminations: Insights from GIORDANO v. THOMSON

Date: Apr 28, 2009

Limits of ERISA Anti-Retaliation Protections in Corporate Terminations: Insights from GIORDANO v. THOMSON Introduction GIORDANO v. THOMSON Industries, Inc., et al. (564 F.3d 163) is a pivotal case...

Single Conviction Principle under 18 U.S.C. § 2252(a)(4)(B): Insights from United States v. Polouizzi

Date: Apr 25, 2009

Single Conviction Principle under 18 U.S.C. § 2252(a)(4)(B): Insights from United States v. Polouizzi Introduction United States v. Pietro Polouizzi, decided on April 24, 2009, by the United States...

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