2d Circuit Case Commentaries

Bigio v. Coca-Cola: Affirming Corporate Separation and Limiting Secondary Liability

Date: Mar 20, 2012

Bigio v. Coca-Cola: Affirming Corporate Separation and Limiting Secondary Liability Introduction The case of Raphael Bigio, Bahia Bigio, Ferial Salma Bigio, B. Bigio & Company v. The Coca-Cola...

Adverse Employment Action and Equal Protection in Police Discipline: Analyzing Curtis Brown v. City of Syracuse

Date: Mar 14, 2012

Adverse Employment Action and Equal Protection in Police Discipline: Analyzing Curtis Brown v. City of Syracuse Introduction The case of Curtis Brown v. City of Syracuse examines the intersection of...

Hilton v. Wright: Reevaluating Qualified Immunity in Eighth Amendment Medical Negligence Claims

Date: Mar 10, 2012

Hilton v. Wright: Reevaluating Qualified Immunity in Eighth Amendment Medical Negligence Claims Introduction Hilton v. Wright is a pivotal case adjudicated by the United States Court of Appeals for...

Federal Preemption and Judicial Abstention in NIAGARA MOHAWK v. Hudson River–Black River Regulating District

Date: Mar 8, 2012

Federal Preemption and Judicial Abstention in NIAGARA MOHAWK v. Hudson River–Black River Regulating District Introduction In the case of NIAGARA MOHAWK POWER CORPORATION, dba National Grid v. HUDSON...

Second Circuit Clarifies 28 U.S.C. §1782’s 'For Use' Provision: Admissibility in Foreign Proceedings Not Mandatory

Date: Mar 7, 2012

Second Circuit Clarifies 28 U.S.C. §1782’s 'For Use' Provision: Admissibility in Foreign Proceedings Not Mandatory Introduction In the landmark case of Anselm Brandi–Dohrn v. IKB Deutsche...

Establishing Personal Jurisdiction Over Foreign Banks Through Correspondent Accounts: Insights from Yaako v. LICCI

Date: Mar 6, 2012

Establishing Personal Jurisdiction Over Foreign Banks Through Correspondent Accounts: Insights from Yaako v. LICCI Introduction The case of Yaako v. LICCI, adjudicated by the United States Court of...

Reversing the Grant of a New Trial in Tortious Interference Case: Raedle v. Credit Agricole Indosuez

Date: Feb 29, 2012

Reversing the Grant of a New Trial in Tortious Interference Case: Raedle v. Credit Agricole Indosuez Introduction The case of William F. Raedle v. Credit Agricole Indosuez involves a legal battle...

Second Circuit Extends Van Dusen Principles on Choice of Law to Bankruptcy Claims Originating in Out-of-State Proceedings

Date: Feb 29, 2012

Second Circuit Extends Van Dusen Principles on Choice of Law to Bankruptcy Claims Originating in Out-of-State Proceedings Introduction In the case of Statek Corporation v. Development Specialists,...

Confrontation Clause and Evidentiary Standards: The Vega v. Walsh Decision

Date: Feb 18, 2012

Confrontation Clause and Evidentiary Standards: The Vega v. Walsh Decision Introduction The case of Henry Vega v. James Walsh addresses critical issues pertaining to the Sixth Amendment's...

Affirming Intangible Property Rights as Extortion Under the Hobbs Act: United States v. Coppola

Date: Feb 15, 2012

Affirming Intangible Property Rights as Extortion Under the Hobbs Act: United States v. Coppola Introduction United States v. Michael Coppola, decided by the United States Court of Appeals for the...

Depraved Indifference Murder: Evidentiary Sufficiency and Habeas Corpus Standards in Garbutt v. Conway

Date: Feb 10, 2012

Depraved Indifference Murder: Evidentiary Sufficiency and Habeas Corpus Standards in Garbutt v. Conway Introduction Garbutt v. Conway, 668 F.3d 79 (2d Cir. 2012), represents a significant appellate...

Clarifying Evident Partiality Standards in Arbitration: Second Circuit Reverses Vacatur Based on Undisclosed Concurrent Arbitrator Service

Date: Feb 4, 2012

Clarifying Evident Partiality Standards in Arbitration: Second Circuit Reverses Vacatur Based on Undisclosed Concurrent Arbitrator Service Introduction In the case of Scandinavian Reinsurance Company...

Clarifying the Judicial Role in Qualified Immunity: Insights from LORE v. CITY OF SYRACUSE

Date: Feb 3, 2012

Clarifying the Judicial Role in Qualified Immunity: Insights from LORE v. CITY OF SYRACUSE Introduction In the landmark case of Therese Lore, Plaintiff–Appellee–Cross–Appellant v. City of Syracuse,...

RICO Pattern Instruction Error in United States v. Da Establishes Critical Precedent

Date: Feb 1, 2012

RICO Pattern Instruction Error in United States v. Da Establishes Critical Precedent Introduction In the landmark case United States of America v. Da (671 F.3d 271), decided on January 31, 2012, the...

Affirmation of First Amendment Access to Administrative Adjudicatory Proceedings: NYCLU v. NYCTA

Date: Jan 5, 2012

Affirmation of First Amendment Access to Administrative Adjudicatory Proceedings: NYCLU v. NYCTA Introduction The case of New York Civil Liberties Union (NYCLU) v. New York City Transit Authority...

Clarifying Burden of Proof in Extradition-Related Habeas Corpus: Skaftouros v. United States

Date: Dec 21, 2011

Clarifying Burden of Proof in Extradition-Related Habeas Corpus: Skaftouros v. United States Introduction The case of Dimitrios Skaftouros v. United States, decided by the United States Court of...

Standing Requirements in Federal Jurisdiction: Insights from Amidax Trading Group v. SWIFT

Date: Dec 20, 2011

Standing Requirements in Federal Jurisdiction: Insights from Amidax Trading Group v. SWIFT Introduction The case of AMIDAX TRADING GROUP v. S.W.I.F.T. SCRL, et al. adjudicated by the United States...

Standing in Federal Courts: Insights from Amidax Trading Group v. S.W.I.F.T.

Date: Dec 20, 2011

Standing in Federal Courts: Insights from Amidax Trading Group v. S.W.I.F.T. Introduction Amidax Trading Group v. S.W.I.F.T., 671 F.3d 140 (2d Cir. 2011) is a pivotal case that delves into the...

Second Circuit Upholds Conscious Avoidance in FCPA Conspiracy Cases and Clarifies Jury Instructions on Overt Acts

Date: Dec 15, 2011

Second Circuit Upholds Conscious Avoidance in FCPA Conspiracy Cases and Clarifies Jury Instructions on Overt Acts Introduction The case of United States of America v. Frederic Bourke Jr. presents a...

Establishing Prima Facie Retaliation for Protected First Amendment Speech: Nagle v. Fried et al.

Date: Dec 13, 2011

Establishing Prima Facie Retaliation for Protected First Amendment Speech: Nagle v. Fried et al. Introduction In the landmark case NANCY L. NAGLE, Plaintiff-Appellant, v. PAULA MARRON, ROSEMARIE...