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  • Commentaries
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2d Circuit Case Commentaries

Limitations on Non-Attorney Representation in Federal Court: Insights from Berrios v. NYC Housing Authority

Limitations on Non-Attorney Representation in Federal Court: Insights from Berrios v. NYC Housing Authority

Date: Apr 24, 2009
Limitations on Non-Attorney Representation in Federal Court: Insights from Berrios v. NYC Housing Authority Introduction In the case of Jesus Berrios, as Guardian Ad Litem of Angel M. Travieso v. New...
Clarifying Standards for Non-Monetary Sanctions Against Attorneys: Insights from Wolters Kluwer v. Scivantage

Clarifying Standards for Non-Monetary Sanctions Against Attorneys: Insights from Wolters Kluwer v. Scivantage

Date: Apr 22, 2009
Clarifying Standards for Non-Monetary Sanctions Against Attorneys: Insights from Wolters Kluwer v. Scivantage Introduction The case of Wolters Kluwer Financial Services, Inc. v. Scivantage et al.,...
Affirmation of Discretionary Authority in Sentence Reduction: United States v. James Borden

Affirmation of Discretionary Authority in Sentence Reduction: United States v. James Borden

Date: Apr 18, 2009
Affirmation of Discretionary Authority in Sentence Reduction: United States v. James Borden Introduction The case of United States of America v. James Borden (564 F.3d 100) adjudicated by the United...
Individualized Reliance Standard Affirmed for AEDPA Petitions in Deportation Proceedings

Individualized Reliance Standard Affirmed for AEDPA Petitions in Deportation Proceedings

Date: Apr 16, 2009
Individualized Reliance Standard Affirmed for AEDPA Petitions in Deportation Proceedings Introduction The case of Norma Christina Drummond de Johnson v. Eric H. Holder Jr., decided by the United...
Second Circuit Upholds Valid Waiver of Counsel in Supplemental Security Income Case

Second Circuit Upholds Valid Waiver of Counsel in Supplemental Security Income Case

Date: Apr 15, 2009
Second Circuit Upholds Valid Waiver of Counsel in Supplemental Security Income Case Introduction In the case of Crystal Lamay, o/b/o Kyle Phillips-Dowler v. Commissioner of Social Security, Crystal...
Defining 'Assistance in Persecution' under the Persecutor Bar: The Second Circuit's Decision in Yanqin Weng v. Eric H. Holder Jr.

Defining 'Assistance in Persecution' under the Persecutor Bar: The Second Circuit's Decision in Yanqin Weng v. Eric H. Holder Jr.

Date: Apr 15, 2009
Defining 'Assistance in Persecution' under the Persecutor Bar: The Second Circuit's Decision in Yanqin Weng v. Eric H. Holder Jr. Introduction The case of Yanqin Weng v. Eric H. Holder Jr. addresses...
Double Jeopardy and Indictment Splitting: Insights from McCourty v. United States

Double Jeopardy and Indictment Splitting: Insights from McCourty v. United States

Date: Apr 10, 2009
Double Jeopardy and Indictment Splitting: Insights from McCourty v. United States Introduction In UNITED STATES of America v. Peter McCourty, the United States Court of Appeals for the Second Circuit...
Expansion of Arbitrators' Authority to Award Attorney's Fees for Bad Faith Conduct: ReliaStar v. EMC National Life Company

Expansion of Arbitrators' Authority to Award Attorney's Fees for Bad Faith Conduct: ReliaStar v. EMC National Life Company

Date: Apr 10, 2009
Expansion of Arbitrators' Authority to Award Attorney's Fees for Bad Faith Conduct: ReliaStar v. EMC National Life Company Introduction The case ReliaStar Life Insurance Company of New York v. EMC...
Affirmation of Comprehensive Tax Evasion and Fraud Convictions: United States v. Josephberg

Affirmation of Comprehensive Tax Evasion and Fraud Convictions: United States v. Josephberg

Date: Apr 10, 2009
Affirmation of Comprehensive Tax Evasion and Fraud Convictions: United States v. Josephberg Introduction The case of United States of America v. Richard Josephberg, adjudicated by the United States...
Rescuecom Corp. v. Google Inc.: Redefining 'Use in Commerce' Under the Lanham Act

Rescuecom Corp. v. Google Inc.: Redefining 'Use in Commerce' Under the Lanham Act

Date: Apr 4, 2009
Rescuecom Corp. v. Google Inc.: Redefining 'Use in Commerce' Under the Lanham Act Introduction Rescuecom Corp. v. Google Inc., 562 F.3d 123 (2nd Cir. 2009), marks a significant development in...
Defining Prevailing Party Status Under 42 U.S.C. § 1988(b): Insights from GARCIA v. YONKERS SCHOOL DISTRICT

Defining Prevailing Party Status Under 42 U.S.C. § 1988(b): Insights from GARCIA v. YONKERS SCHOOL DISTRICT

Date: Apr 2, 2009
Defining Prevailing Party Status Under 42 U.S.C. § 1988(b): Insights from GARCIA v. YONKERS SCHOOL DISTRICT Introduction In the landmark decision of GARCIA v. YONKERS SCHOOL DISTRICT, the United...
Elevating the Weight of Treating Physician Testimony in SSDI Claims: Shrack v. SSA

Elevating the Weight of Treating Physician Testimony in SSDI Claims: Shrack v. SSA

Date: Apr 2, 2009
Elevating the Weight of Treating Physician Testimony in SSDI Claims: Shrack v. SSA Introduction The case of Edward J. Shrack, Jr. v. Michael J. Astrue, Commissioner, Social Security Administration...
Rule 60(b) Equitable Relief in Fraudulent Judgment Enforcement: MOTOROLA CREDIT CORP. v. UZAN et al.

Rule 60(b) Equitable Relief in Fraudulent Judgment Enforcement: MOTOROLA CREDIT CORP. v. UZAN et al.

Date: Apr 1, 2009
Rule 60(b) Equitable Relief in Fraudulent Judgment Enforcement: Motorola Credit Corporation and Nokia Corporation v. Kemal Uzan et al. Introduction The case of Motorola Credit Corporation and Nokia...
Addressing Intra-Corporate Conspiracy and Qualified Immunity in Prisoner Civil Rights Litigation: Insights from Vega v. Artus

Addressing Intra-Corporate Conspiracy and Qualified Immunity in Prisoner Civil Rights Litigation: Insights from Vega v. Artus

Date: Mar 27, 2009
Addressing Intra-Corporate Conspiracy and Qualified Immunity in Prisoner Civil Rights Litigation: Insights from Vega v. Artus Introduction The case of Alex Vega v. D. Artus, Superintendent, et al....
Standing Requirements under ERISA: Comprehensive Analysis of Kendall v. Employees Retirement Plan of Avon Products

Standing Requirements under ERISA: Comprehensive Analysis of Kendall v. Employees Retirement Plan of Avon Products

Date: Mar 26, 2009
Standing Requirements under ERISA: Comprehensive Analysis of Kendall v. Employees Retirement Plan of Avon Products Introduction In the case of Irene M. Kendall v. Employees Retirement Plan of Avon...
Enhanced Reliability of Anonymous Emergency 911 Calls in Establishing Reasonable Suspicion: Simmons v. United States

Enhanced Reliability of Anonymous Emergency 911 Calls in Establishing Reasonable Suspicion: Simmons v. United States

Date: Mar 18, 2009
Enhanced Reliability of Anonymous Emergency 911 Calls in Establishing Reasonable Suspicion: United States v. Simmons Introduction United States v. Simmons, 560 F.3d 98 (2d Cir. 2009), is a pivotal...
Second Circuit Recognizes "To My Knowledge" Statements in Affidavits as Sufficient for Personal Knowledge under Rule 56(e)

Second Circuit Recognizes "To My Knowledge" Statements in Affidavits as Sufficient for Personal Knowledge under Rule 56(e)

Date: Mar 13, 2009
Second Circuit Recognizes "To My Knowledge" Statements in Affidavits as Sufficient for Personal Knowledge under Rule 56(e) Introduction In the case of SCR Joint Venture L.P. v. Ari Warshawsky and...
Limits on Relitigating Ineffective Assistance Claims in 28 U.S.C. § 2255 Petitions: United States v. Pitcher Commentary

Limits on Relitigating Ineffective Assistance Claims in 28 U.S.C. § 2255 Petitions: United States v. Pitcher Commentary

Date: Mar 12, 2009
Limits on Relitigating Ineffective Assistance Claims in 28 U.S.C. § 2255 Petitions: United States v. Pitcher Commentary Introduction United States v. Douglas Pitcher (559 F.3d 120, Second Circuit,...
New Precedent on Preliminary Injunctions in Trade Secret Misappropriation: FAIVELEY TRANSPORT MALMO AB v. WABTEC CORPORATION

New Precedent on Preliminary Injunctions in Trade Secret Misappropriation: FAIVELEY TRANSPORT MALMO AB v. WABTEC CORPORATION

Date: Mar 10, 2009
New Precedent on Preliminary Injunctions in Trade Secret Misappropriation: FAIVELEY TRANSPORT MALMO AB v. WABTEC CORPORATION Introduction The case of Faiveley Transport Malmo AB v. Wabtec...
Second Circuit Establishes Priority of Higher Mandatory Minimums in Firearm and Drug Offenses

Second Circuit Establishes Priority of Higher Mandatory Minimums in Firearm and Drug Offenses

Date: Mar 6, 2009
Second Circuit Establishes Priority of Higher Mandatory Minimums in Firearm and Drug Offenses Introduction In the landmark case of United States of America v. Leon Williams, the United States Court...
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