2d Circuit Case Commentaries

Second Circuit Establishes Limits on Legal Counsel's Fiduciary Duties in Class Actions

Date: Sep 27, 2011

Second Circuit Establishes Limits on Legal Counsel's Fiduciary Duties in Class Actions Introduction In the landmark case of Johnson et al. v. Dually et al., the United States Court of Appeals for the...

Defining "Customer" in FINRA Arbitration: UBS Financial Services v. West Virginia University Hospitals

Date: Sep 23, 2011

Defining "Customer" in FINRA Arbitration: UBS Financial Services v. West Virginia University Hospitals Introduction In the landmark case of UBS Financial Services, Inc. v. West Virginia University...

Summary Judgment in Employment Discrimination Claims: Martinez v. State of Connecticut State Library

Date: Sep 22, 2011

Summary Judgment in Employment Discrimination Claims: Martinez v. State of Connecticut State Library Introduction In the case of Nilda Martinez v. State of Connecticut State Library (817 F. Supp. 2d...

Affirmation of Extraterritorial Jurisdiction in Conspiracies to Support Terrorism: United States v. Monzer Al Kassar et al.

Date: Sep 22, 2011

Affirmation of Extraterritorial Jurisdiction in Conspiracies to Support Terrorism: United States v. Monzer Al Kassar et al. Introduction The case of United States of America v. Monzer Al Kassar a/k/a...

Archer v. United States: Clarifying Specific Evidence for Sentencing Enhancements and Restitution under MVRA

Date: Sep 21, 2011

Archer v. United States: Clarifying Specific Evidence for Sentencing Enhancements and Restitution under MVRA Introduction In United States v. Thomas Archer, decided by the United States Court of...

Severance of Felon-in-Possession Charges: United States v. Anthony Page

Date: Sep 17, 2011

Severance of Felon-in-Possession Charges: United States v. Anthony Page Introduction The case of United States v. Anthony Page, decided by the United States Court of Appeals for the Second Circuit on...

Exhaustion of Administrative Remedies Under PLRA: A Comprehensive Analysis of Hill v. Curcione et al.

Date: Sep 16, 2011

Exhaustion of Administrative Remedies Under PLRA: A Comprehensive Analysis of Hill v. Curcione et al. Introduction Mashama Hill v. Curcione, Chawer, Williams, Atkins, Hohensee is a pivotal case...

Application of New York’s Contemporaneous Objection Rule in Sixth Amendment Habeas Claims: Analysis of E v. Downs

Date: Sep 15, 2011

Application of New York’s Contemporaneous Objection Rule in Sixth Amendment Habeas Claims: Analysis of E v. Downs Introduction The case of Everett Downs v. Superintendent William Lape, decided on...

Second Circuit Affirms USERRA Protections: Reemployment Position Must Consider Pre-Service Business Volume in Commission-Based Roles – Serricchio v. Wachovia Securities LLC

Date: Sep 14, 2011

Second Circuit Affirms USERRA Protections: Reemployment Position Must Consider Pre-Service Business Volume in Commission-Based Roles – Serricchio v. Wachovia Securities LLC Introduction In the...

Statute of Limitations under the FTCA: A.Q.C. v. United States – A Comprehensive Analysis

Date: Sep 9, 2011

Statute of Limitations under the FTCA: A.Q.C. v. United States – A Comprehensive Analysis Introduction The case A.Q.C., an infant, by her mother and natural guardian, Paquita Castillo,...

Affirmation of Contractual Releases in the Absence of Economic Duress: Interpharm v. Wells Fargo

Date: Aug 27, 2011

Affirmation of Contractual Releases in the Absence of Economic Duress: Interpharm v. Wells Fargo Introduction The case of Interpharm, Inc. v. Wells Fargo Bank, National Association (655 F.3d 136, 2d...

Attorney-Client Privilege Waiver in Monitored Communications: United States v. Rodriguez

Date: Aug 26, 2011

Attorney-Client Privilege Waiver in Monitored Communications: United States v. Rodriguez Introduction In the landmark case of United States v. Rodriguez, the United States Court of Appeals for the...

Naked Licensing and Partial Abandonment of Trademarks: A Comprehensive Analysis of Patsy's Italian Restaurant, Inc. v. Banas

Date: Aug 25, 2011

Naked Licensing and Partial Abandonment of Trademarks: A Comprehensive Analysis of Patsy's Italian Restaurant, Inc. v. Banas Introduction The case of Patsy's Italian Restaurant, Inc. v. Anthony Banas...

Goodwill and Loan Loss Reserves as Opinions: Affirmed in FAIT v. REGIONS FINANCIAL CORPoration

Date: Aug 24, 2011

Goodwill and Loan Loss Reserves as Opinions: Affirmed in FAIT v. REGIONS FINANCIAL CORPoration Introduction In FAIT v. REGIONS FINANCIAL CORPoration, 655 F.3d 105 (2011), the United States Court of...

Affirmation of Equitable Monetary Remedies under Section 13(b) of the FTC Act in FTC v. Bronson Partners

Date: Aug 20, 2011

Affirmation of Equitable Monetary Remedies under Section 13(b) of the FTC Act in FTC v. Bronson Partners Introduction The case of Federal Trade Commission v. Bronson Partners, LLC addressed the scope...

Affirming the Relation-Back Doctrine for Moot Claims in Prisoner Class Actions under the Prison Litigation Reform Act

Date: Aug 20, 2011

Affirming the Relation-Back Doctrine for Moot Claims in Prisoner Class Actions under the Prison Litigation Reform Act Introduction In the case of Lucy Amador, Bobbie Kidd, Bette Jean McDonald, et al....

Establishing Municipal Liability for Guard Misconduct: CASH v. COUNTY OF ERIE

Date: Aug 19, 2011

Establishing Municipal Liability for Guard Misconduct: CASH v. COUNTY OF ERIE Introduction In the landmark case of Vikki CASH v. COUNTY OF ERIE, the United States Court of Appeals for the Second...

Strengthening Diversity Jurisdiction: Second Circuit’s Ruling on Fraudulent Joinder in Wrongful Death Litigation

Date: Aug 19, 2011

Strengthening Diversity Jurisdiction: Second Circuit’s Ruling on Fraudulent Joinder in Wrongful Death Litigation Introduction In the landmark case of Derrick Brown, Personal Representative v. Eli...

Protective Measures in Schools Do Not Constitute First Amendment Retaliation: Cox v. Warwick Valley Central School District

Date: Aug 18, 2011

Protective Measures in Schools Do Not Constitute First Amendment Retaliation: Cox v. Warwick Valley Central School District Introduction In Cox v. Warwick Valley Central School District, the United...

Adequacy of Class Representation in Copyright Settlement Class Action

Date: Aug 18, 2011

Adequacy of Class Representation in Copyright Settlement Class Action IN RE LITERARY WORKS in Electronic Databases Copyright Litigation, 654 F.3d 242 (2d Cir. 2011) 1. Introduction The case of IN RE...