Superseding Agreements Override Arbitration Clauses: Applied Energetics v. NewOak Introduction In the landmark decision of Applied Energetics, Inc. v. NewOak Capital Markets, LLC, 645 F.3d 522 (2d...
Second Circuit Upholds Separation Agreement Compliance with OWBPA in Age Discrimination Case Introduction In Thomas Ridinger v. Dow Jones Company Inc. (651 F.3d 309, 2d Cir. 2011), the United States...
Clarifying EAJA Fee Awards: Insights from Vincent v. Commissioner of Social Security Introduction The case of Loretta Vincent v. Commissioner of Social Security (651 F.3d 299, 2011) serves as a...
Non-Signatory Bound by Forum Selection Clause in Maritime Contracts: MAERSK v. QUALITY PRINT Introduction The case of A.P. MOLLER-MAERSK A/S ("Maersk") versus COMERCIALIZADORA DE CALIDAD S.A., doing...
RICO Claims Barred by PSLRA's Section 107 in Securities Fraud Context: Insights from MLSMK Investment Co. v. JP Morgan Chase Co. Introduction The case of MLSMK Investment Company v. JP Morgan Chase...
Sovereign Immunity Enforcement: Second Circuit Affirms Dismissal in Walters v. PRC Introduction The case of Debbie Walters and Max Walters v. Industrial and Commercial Bank of China, Ltd., Bank of...
Second Circuit Confirms Arbitrator's Authority to Permit Class Arbitration under FAA: Sterling Jewelers Inc. v. Plaintiffs-Counter-Defendants Introduction The case of Sterling Jewelers Inc. v....
Featherly v. Astrue: Enhanced Scrutiny of Treating Physicians' Opinions in Disability Determinations Introduction In the case of Larry A. Featherly v. Michael J. Astrue, Commissioner of Social...
Equitable Tolling of Statute of Limitations for Inmate Claims Under the PLRA: Gonzalez v. Hasty Introduction The case Esteban Gonzalez v. Warden Dennis W. Hasty et al., adjudicated by the United...
Second Circuit Establishes Jurisdictional Limits on Indirect Challenges to Removal Orders Introduction Delgado v. Quarantillo is a landmark decision by the United States Court of Appeals for the...
Affirmation of Joint Trials and Attorney Withdrawal Standards in Child Sex Trafficking Cases Introduction The case of United States of America v. Linda O'Connor and Dean Sacco, adjudicated in the...
Limitations on Rule 54(b) Certifications in Cases of Interdependent Contracts: Insights from Ste v. Novick Introduction The case of Ste v. Novick revolves around the proper application of Federal...
Procedural Default Affirmed: The Significance of Contemporaneous Objections in Darryl Whitley v. Robert Ercole Introduction Darryl Whitley v. Robert Ercole is a pivotal case decided by the United...
Affirmation of Civil Forfeiture without Innocent-Owner Defense under 19 U.S.C. §1595a Introduction In the notable case of UNITED STATES of America v. Sharyl R. Davis, the United States Court of...
Second Circuit Upholds FINRA Arbitration Standards in STMicroelectronics v. Credit Suisse Securities Introduction The case of STMicroelectronics, N.V. v. Credit Suisse Securities (USA) LLC addresses...
L-7 Designs v. Old Navy: Establishing the Duty to Negotiate in Good Faith Introduction L-7 Designs, Inc. v. Old Navy, LLC, 647 F.3d 419 (2d Cir. 2011), is a pivotal case in understanding the...
Standing to Challenge Attorney Disciplinary Decisions: Insights from In re Attorney Disciplinary Appeal Introduction The case of In re Attorney Disciplinary Appeal (650 F.3d 202) adjudicated by the...
Timeliness and Finality in Rule 60(b)(1) Motions: Second Circuit Affirms Denial to Reopen Closed Copyright Action Introduction In the case of Margot Niederland v. Amber Tyler Chase, d.b.a. L'Orage...
Affirmation of Habeas Corpus Denial in McKinnon v. Superintendent, Great Meadow Correctional Facility Introduction Dyvon McKINNON was convicted in the New York State Supreme Court, Onondaga County,...
Bankruptcy Trustee Immunity and Sanctions for Frivolous Litigation: In re Richard A. Smith Introduction In re Richard A. Smith, Debtor, 645 F.3d 186 (2d Cir. 2011), presents a significant appellate...