Net Investment Method Affirmed in Madoff SIPA Liquidation Introduction The judicial landscape surrounding securities fraud was significantly impacted by the decision in In re Bernard L. Madoff...
2nd Circuit Clarifies Liberal Amendment Standards for Post-Judgment Motions in Williams v. Citigroup Introduction The case of Linda Grant Williams v. Citigroup Inc., adjudicated by the United States...
Enforceability of Appeal Waivers in Plea Agreements Amid Ex Post Facto Concerns: Analysis of United States v. Abramo Introduction The case of United States of America v. Philip Abramo (649 F.3d 143)...
Miranda Implications at U.S. Borders: A Comprehensive Analysis of United States v. FNU LNU Introduction The case of United States v. FNU LNU, decided by the United States Court of Appeals for the...
Second Circuit Extends Burlington Northern Standard to FMLA Retaliation Claims and Emphasizes Lodestar Method for Attorneys' Fees Introduction In Christopher MILLEA v. METRO-NORTH RAILROAD COMPANY,...
Clarity in Miranda Invocations: United States v. Plugh Establishes Rigorous Standards Introduction United States of America v. Gordon J. Plugh, 648 F.3d 118 (2d Cir. 2011), represents a pivotal...
Affirmation of Fiduciary Compliance in ERISA Plans: Insights from Faber v. Metropolitan Life Insurance Company 1. Introduction The case of Carol D. Faber and the Estate of Russell E. Young v....
SEC v. Gabelli and Alpert: Establishing New Precedents in Market Timing Disclosures Introduction The United States Court of Appeals for the Second Circuit, in the landmark case Securities and...
Headminder's Exclusion from Summary Judgment in Priestley v. Headminder: A New Precedent on Summary Judgment Procedures Introduction The case of Katherine Priestley, Plaintiff-Appellee, v....
Ashland Inc. v. Morgan Stanley Co.: Affirmation of Dismissal on Grounds of Reasonable Reliance in Securities Fraud Claims Introduction Ashland Inc. and its subsidiary AshThree LLC (collectively...
Second Circuit Reinforces Requirement for Evidentiary Hearings in §2255 Claims of Ineffective Assistance of Counsel with Substantial Sentencing Disparities Introduction The case of Umeme Raysor v....
Seventh Amendment Does Not Entitle Jury Trials on Administrative Exhaustion in PLRA Claims Introduction The case of Rafael Messa v. Glenn Goord et al. (652 F.3d 305) presents a pivotal examination of...
Materiality Standards in Securities Litigation: Affirmation of CBRE Realty Finance, Inc. Dismissal Introduction In Philip Hutchison, Indi v. CBRE Realty Finance, Inc., the United States Court of...
Enforcement of Forum Selection Clauses via Rule 12(b) Motions: TradeComet.com LLC v. Google, Inc. Introduction The case of TradeComet.com LLC v. Google, Inc. (647 F.3d 472) presents a pivotal...
Equitable Tolling under AEDPA: Harper v. Ercole Analysis Introduction In the landmark case of Allen Harper v. Robert Ercole, 648 F.3d 132 (2d Cir. 2011), the United States Court of Appeals for the...
Protection of Truthful Reporting Against Retaliation: JACKLER v. BYRNE Establishes Enhanced First Amendment Safeguards for Police Officers Introduction Case: Jason M. Jackler v. Police Chief Matthew...
Second Circuit Rounds on Excessive Punitive Damages and Conditional Remittitur in Employment Retaliation Cases Introduction The case of Kenneth J. Thomas v. iStar Financial, Inc. addresses critical...
Second Circuit Reinforces the Necessity of Separate Backpay Awards in Title VII Discrimination Cases Introduction In the landmark case of Christine A. Bergerson v. New York State Office of Mental...
Clarifying Beneficial Ownership in Cash-Settled Total-Return Equity Swaps: CSX Corp. v. Children's Investment Fund Management (UK) LLP Introduction The case of CSX Corporation v. The Children’s...
Strict Notice Requirements for RCRA Citizen Suits: RCO v. Omya Affirmed Introduction The case of Residents Concerned About Omya (RCO) v. Omya, Inc. explores the intricacies of citizen enforcement...