2d Circuit Case Commentaries

Prosecutorial Accountability in Expert Testimony: Insights from DRAKE v. PORTUONDO

Date: Jan 24, 2009

Prosecutorial Accountability in Expert Testimony: Insights from DRAKE v. PORTUONDO Introduction DRAKE v. PORTUONDO, 553 F.3d 230 (2d Cir. 2009), is a pivotal case that underscores the paramount...

Second Circuit Overturns Denial of Attorney's Fees and Prejudgment Interest in ERISA Disability Case

Date: Jan 24, 2009

Second Circuit Overturns Denial of Attorney's Fees and Prejudgment Interest in ERISA Disability Case Introduction The case of Zbigniew Slupinski, Plaintiff-Appellant, v. First Unum Life Insurance...

Second Circuit Affirms Dismissal of JP Morgan Chase Securities Fraud Claims Due to Lack of Materiality and Scienter

Date: Jan 22, 2009

Second Circuit Affirms Dismissal of JP Morgan Chase Securities Fraud Claims Due to Lack of Materiality and Scienter Introduction In the case of ECA and LOCAL 134 IBEW Joint Pension Trust of Chicago...

Deference to Administrative Expertise in IDEA IEP Evaluations: Insights from A.C. and M.C. v. Board of Education of Chappaqua Central School District

Date: Jan 17, 2009

Deference to Administrative Expertise in IDEA IEP Evaluations: Insights from A.C. and M.C. v. Board of Education of Chappaqua Central School District Introduction In the landmark case A.C. and M.C.,...

Second Circuit Clarifies Required Adjudication of Discriminatory Intent in Batson Challenges

Date: Jan 10, 2009

Second Circuit Clarifies Required Adjudication of Discriminatory Intent in Batson Challenges Introduction In the landmark case of Seth Dolphy v. Dominic Mantello, 552 F.3d 236 (2d Cir. 2009), the...

Second Circuit Establishes Reasonable Suspicion of Traffic Violation as Sufficient for Lawful Traffic Stops under the Fourth Amendment

Date: Jan 9, 2009

Second Circuit Establishes Reasonable Suspicion of Traffic Violation as Sufficient for Lawful Traffic Stops under the Fourth Amendment Introduction In the landmark case United States of America v....

Resentencing Limitations Under 18 U.S.C. § 3582(c)(2) Post-Guidelines Amendments: Analysis of United States v. Lewis

Date: Jan 8, 2009

Resentencing Limitations Under 18 U.S.C. § 3582(c)(2) Post-Guidelines Amendments: Analysis of United States v. Lewis Introduction United States v. Saquan Lewis, 551 F.3d 182 (2d Cir. 2009), addresses...

Revising the Standard of Review for ERISA Benefit Denials in Light of Administrator Conflicts of Interest: McCauley v. First Unum

Date: Dec 25, 2008

Revising the Standard of Review for ERISA Benefit Denials in Light of Administrator Conflicts of Interest: McCauley v. First Unum Introduction McCAULEY v. FIRST UNUM LIFE INSURANCE COMPANY is a...

Defining "Government Controlled Corporation" Under the Privacy Act: Stewart Burch v. Pioneer Credit Recovery, Inc.

Date: Dec 23, 2008

Defining "Government Controlled Corporation" Under the Privacy Act: Stewart Burch v. Pioneer Credit Recovery, Inc. Introduction The case of Stewart Burch v. Pioneer Credit Recovery, Inc., adjudicated...

Affirmation of Venue Appropriateness and Standards in Securities Fraud and RICO Cases: United States v. Royer and Elgindy

Date: Dec 18, 2008

Affirmation of Venue Appropriateness and Standards in Securities Fraud and RICO Cases: United States v. Royer and Elgindy Introduction United States of America, Appellee, v. Jeffrey Royer and Amr I....

Enforcement of Mandatory Consecutive Sentencing under 18 U.S.C. § 924(c) in Drug Trafficking Conspiracies: United States v. Chavez and Acosta

Date: Dec 9, 2008

Enforcement of Mandatory Consecutive Sentencing under 18 U.S.C. § 924(c) in Drug Trafficking Conspiracies: United States v. Chavez and Acosta Introduction In the landmark case of United States v....

Ensuring Robust Evidentiary Procedures in Habeas Corpus Petitions: CARRION v. SMITH

Date: Dec 9, 2008

Ensuring Robust Evidentiary Procedures in Habeas Corpus Petitions: CARRION v. SMITH Introduction The case of Carlos Carrion v. Joseph T. Smith (549 F.3d 583) adjudicated by the United States Court of...

Second Circuit Affirms Above-Guidelines Sentence Utilizing Local Conditions: United States v. Cavera

Date: Dec 5, 2008

Second Circuit Affirms Above-Guidelines Sentence Utilizing Local Conditions: United States v. Cavera Introduction In United States v. Cavera, the Second Circuit Court of Appeals addressed the...

Investment Advisor's Constitutional Standing in Securities Litigation: Huff Asset Management Co. v. Deloitte Touche LLP

Date: Dec 4, 2008

Investment Advisor's Constitutional Standing in Securities Litigation: Huff Asset Management Co. v. Deloitte Touche LLP Introduction In the landmark case W.R. Huff Asset Management Co., LLC v....

Reasonable Suspicion and the Scope of Terry Stops: Analyzing United States v. Padilla

Date: Dec 3, 2008

Reasonable Suspicion and the Scope of Terry Stops: Analyzing United States v. Padilla Introduction United States v. Hector Padilla, 548 F.3d 179 (2d Cir. 2008), is a pivotal case that scrutinizes the...

Res Judicata and Declaratory Judgment: Analysis of Giannone v. York Tape Label, Inc.

Date: Dec 3, 2008

Res Judicata and Declaratory Judgment: Analysis of Giannone v. York Tape Label, Inc. Introduction The case of Neil J. Giannone versus York Tape Label, Inc., decided by the United States Court of...

Extraterritorial Application of the Fourth Amendment: In re Terrorist Bombings of U.S. Embassies in East Africa

Date: Nov 25, 2008

Extraterritorial Application of the Fourth Amendment: In re Terrorist Bombings of U.S. Embassies in East Africa Introduction The case of In re Terrorist Bombings of U.S. Embassies in East Africa...

Establishing Legal Standards in Terrorism Convictions: A Comprehensive Analysis of In re Terrorist Bombings of U.S. Embassies in East Africa

Date: Nov 25, 2008

Establishing Legal Standards in Terrorism Convictions: A Comprehensive Analysis of In re Terrorist Bombings of U.S. Embassies in East Africa Introduction The case of In re Terrorist Bombings of U.S....

Enhancing Defendant's Rights: Confrontation Clause and Witness Bias in Figueroa v. United States

Date: Nov 19, 2008

Enhancing Defendant's Rights: Confrontation Clause and Witness Bias in Figueroa v. United States Introduction In the case of United States v. Edwin Figueroa, the United States Court of Appeals for...

Inquiry Notice Standards in Securities Fraud: Ste v. October 2008 Second Circuit Decision

Date: Nov 18, 2008

Inquiry Notice Standards in Securities Fraud: Ste v. October 2008 Second Circuit Decision Introduction The case of Ste v. Staehr et al., decided on November 17, 2008, by the United States Court of...

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