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  • Commentaries
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2d Circuit Case Commentaries

Reevaluation of Residual Functional Capacity Standards in Social Security Disability Cases

Reevaluation of Residual Functional Capacity Standards in Social Security Disability Cases

Date: Nov 6, 2008
Reevaluation of Residual Functional Capacity Standards in Social Security Disability Cases Introduction The case of Jean Genier vs. Michael J. Astrue, Commissioner of Social Security (298 F. App'x...
Second Circuit Upholds Class Arbitration in Silent Maritime Arbitration Clauses, Rejecting Manifest Disregard Claim

Second Circuit Upholds Class Arbitration in Silent Maritime Arbitration Clauses, Rejecting Manifest Disregard Claim

Date: Nov 5, 2008
Second Circuit Upholds Class Arbitration in Silent Maritime Arbitration Clauses, Rejecting Manifest Disregard Claim Introduction The appellate case of Stolt-Nielsen SA et al. v. AnimalFeeds...
Exclusive Jurisdiction of FECA Over FTCA Claims Established in MATHIRAMPUZHA v. POTTER

Exclusive Jurisdiction of FECA Over FTCA Claims Established in MATHIRAMPUZHA v. POTTER

Date: Nov 4, 2008
Exclusive Jurisdiction of FECA Over FTCA Claims Established in MATHIRAMPUZHA v. POTTER Introduction In the case of Joseph Mathirampuzha v. John Potter, Postmaster General, United States of America,...
Judicial Oversight in Motion Conversion: Insights from SAHU v. UNION CARBIDE Corp.

Judicial Oversight in Motion Conversion: Insights from SAHU v. UNION CARBIDE Corp.

Date: Nov 4, 2008
Judicial Oversight in Motion Conversion: Insights from SAHU v. UNION CARBIDE Corp. Introduction SAHU v. UNION CARBIDE Corp. is a pivotal case decided by the United States Court of Appeals for the...
Limitations on Extraterritorial Application of Rule 10b-5: Morrison v. National Australia Bank

Limitations on Extraterritorial Application of Rule 10b-5: Morrison v. National Australia Bank

Date: Oct 24, 2008
Limitations on Extraterritorial Application of Rule 10b-5: Morrison v. National Australia Bank Introduction The case Robert Morrison, individually and on behalf of all others similarly situated v....
Clarifying Salary-Basis and Administrative Exemption Under FLSA: Insights from Havey v. Homebound Mortgage

Clarifying Salary-Basis and Administrative Exemption Under FLSA: Insights from Havey v. Homebound Mortgage

Date: Oct 23, 2008
Clarifying Salary-Basis and Administrative Exemption Under FLSA: Insights from Havey v. Homebound Mortgage Introduction The case of Linda Havey v. Homebound Mortgage, Inc. addresses a pivotal issue...
Enforcement of Arbitration Clauses Through Equitable Estoppel: Ross v. American Express

Enforcement of Arbitration Clauses Through Equitable Estoppel: Ross v. American Express

Date: Oct 22, 2008
Enforcement of Arbitration Clauses Through Equitable Estoppel: Ross v. American Express Introduction The case ROSS v. AMERICAN EXPRESS COmpany (547 F.3d 137, Second Circuit, 2008) addresses critical...
Enforceability of Gaming Contracts Under IGRA: Second Circuit Affirms Voidity Without NIGC Approval in Catskill Development v. Park Place

Enforceability of Gaming Contracts Under IGRA: Second Circuit Affirms Voidity Without NIGC Approval in Catskill Development v. Park Place

Date: Oct 22, 2008
Enforceability of Gaming Contracts Under IGRA: Second Circuit Affirms Voidity Without NIGC Approval in Catskill Development v. Park Place Introduction The case of Catskill Development, L.L.C., Mohawk...
Establishing Conspiracy Through Buyer-Seller Dynamics: Analysis of United States v. Hawkins

Establishing Conspiracy Through Buyer-Seller Dynamics: Analysis of United States v. Hawkins

Date: Oct 17, 2008
Establishing Conspiracy Through Buyer-Seller Dynamics: Analysis of United States v. Hawkins Introduction In the appellate case United States of America v. Warren Hawkins, the United States Court of...
Enforcing Regulatory Compliance in Disability Evaluations: Insights from Kohler v. Astrue

Enforcing Regulatory Compliance in Disability Evaluations: Insights from Kohler v. Astrue

Date: Oct 17, 2008
Enforcing Regulatory Compliance in Disability Evaluations: Insights from Kohler v. Astrue Introduction Kathy Kohler, a 51-year-old diagnosed with bipolar disorder, filed a petition for Social...
SYBALSKI v. INDEPENDENT GROUP HOME LIVING PROGRAM, Inc.: Defining State Action in §1983 Claims

SYBALSKI v. INDEPENDENT GROUP HOME LIVING PROGRAM, Inc.: Defining State Action in §1983 Claims

Date: Oct 16, 2008
SYBALSKI v. INDEPENDENT GROUP HOME LIVING PROGRAM, Inc.: Defining State Action in §1983 Claims Introduction SYBALSKI v. INDEPENDENT GROUP HOME LIVING PROGRAM, Inc. is a significant appellate decision...
Defining 'Lascivious Exhibition' in Child Pornography: Analysis of United States v. Rivera

Defining 'Lascivious Exhibition' in Child Pornography: Analysis of United States v. Rivera

Date: Oct 16, 2008
Defining 'Lascivious Exhibition' in Child Pornography: Analysis of United States v. Rivera Introduction The case of United States v. Rivera (546 F.3d 245, 2d Cir. 2008) represents a significant...
Handle With Care v. Management System, Inc. – Clarifying Contractual License Ambiguity in Copyright and Antitrust Law

Handle With Care v. Management System, Inc. – Clarifying Contractual License Ambiguity in Copyright and Antitrust Law

Date: Oct 15, 2008
Handle With Care v. Management System, Inc. Bruce Chapman and Handle With Care Behavior Management System, Inc., Plaintiffs-Appellants, v. Management System, Inc., et al., 546 F.3d 230 (2d Cir. 2008)...
Teamsters v. Bombardier: Affirmation of Preponderance of Evidence Standard for Rule 23(b)(3) Class Certification in Securities Fraud Actions

Teamsters v. Bombardier: Affirmation of Preponderance of Evidence Standard for Rule 23(b)(3) Class Certification in Securities Fraud Actions

Date: Oct 15, 2008
Teamsters v. Bombardier: Affirmation of Preponderance of Evidence Standard for Rule 23(b)(3) Class Certification in Securities Fraud Actions Introduction In the landmark case Teamsters Local 445...
Clarifying At-Issue Waiver of Attorney-Client Privilege: Pritchard v. County of Erie

Clarifying At-Issue Waiver of Attorney-Client Privilege: Pritchard v. County of Erie

Date: Oct 15, 2008
Clarifying At-Issue Waiver of Attorney-Client Privilege: Pritchard v. County of Erie Introduction The case of Pritchard v. County of Erie, heard by the United States Court of Appeals for the Second...
Second Circuit Sets New Standard for Sufficiency of Evidence in Money Laundering Conspiracy Cases: United States v. Huezo

Second Circuit Sets New Standard for Sufficiency of Evidence in Money Laundering Conspiracy Cases: United States v. Huezo

Date: Oct 15, 2008
Second Circuit Sets New Standard for Sufficiency of Evidence in Money Laundering Conspiracy Cases: United States v. Huezo Introduction In the landmark case of United States v. Huezo, decided by the...
Second Circuit Upholds BIA's Case-by-Case Framework for Chinese Asylum Claims Based on One-Child Policy Enforcement

Second Circuit Upholds BIA's Case-by-Case Framework for Chinese Asylum Claims Based on One-Child Policy Enforcement

Date: Oct 11, 2008
Second Circuit Upholds BIA's Case-by-Case Framework for Chinese Asylum Claims Based on One-Child Policy Enforcement Introduction The case of Jian Hui Shao, Petitioner, v. Michael B. Mukasey, Attorney...
Defining the Least Restrictive Environment under IDEA: An Analysis of P. v. Newington Bd. of Ed.

Defining the Least Restrictive Environment under IDEA: An Analysis of P. v. Newington Bd. of Ed.

Date: Oct 10, 2008
Defining the Least Restrictive Environment under IDEA: An Analysis of P. v. Newington Bd. of Ed. Introduction The case P., by and through his Parents/Next Friends, Mr. and Mrs. P.,...
Unconstitutional Strip Searches and Qualified Immunity: Hartline v. Village of Southampton

Unconstitutional Strip Searches and Qualified Immunity: Hartline v. Village of Southampton

Date: Oct 9, 2008
Unconstitutional Strip Searches and Qualified Immunity: Hartline v. Village of Southampton Introduction Hartline v. Village of Southampton, 546 F.3d 95 (2d Cir. 2008), is a pivotal case addressing...
Ajlani v. Chertoff: Judicial Limitations on Naturalization Relief Amid Pending Removal Proceedings

Ajlani v. Chertoff: Judicial Limitations on Naturalization Relief Amid Pending Removal Proceedings

Date: Oct 8, 2008
Ajlani v. Chertoff: Judicial Limitations on Naturalization Relief Amid Pending Removal Proceedings Introduction In Majed Ajlani v. Michael Chertoff et al., the United States Court of Appeals for the...
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