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  • Commentaries
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2d Circuit Case Commentaries

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...
The Mejia Decision: Constraints on Law Enforcement Expert Testimony under Rule 702 and the Sixth Amendment

The Mejia Decision: Constraints on Law Enforcement Expert Testimony under Rule 702 and the Sixth Amendment

Date: Oct 7, 2008
The Mejia Decision: Constraints on Law Enforcement Expert Testimony under Rule 702 and the Sixth Amendment Introduction In the landmark case of UNITED STATES of America v. Leonel Mejia, decided on...
Definitive Agreements and Disclosure Duties: Insights from Vacold LLC v. Cerami

Definitive Agreements and Disclosure Duties: Insights from Vacold LLC v. Cerami

Date: Oct 3, 2008
Definitive Agreements and Disclosure Duties: Insights from Vacold LLC v. Cerami Introduction Vacold LLC, Immunotherapy, Inc. v. Anthony Cerami, Carla Cerami, VLN LLC and Cerami Consulting Corporation...
Arbitrability of SOX Whistleblower Claims: Insights from Guyden v. Aetna Inc.

Arbitrability of SOX Whistleblower Claims: Insights from Guyden v. Aetna Inc.

Date: Oct 3, 2008
Arbitrability of SOX Whistleblower Claims: Insights from Guyden v. Aetna Inc. Introduction In the landmark case of Linda C. Guyden v. Aetna Inc., 544 F.3d 376 (2d Cir. 2008), the United States Court...
Cumulative Rule 403 Evidentiary Errors and Denial of a Fair Trial: United States v. Al-Moayad and Zayed

Cumulative Rule 403 Evidentiary Errors and Denial of a Fair Trial: United States v. Al-Moayad and Zayed

Date: Oct 3, 2008
Cumulative Rule 403 Evidentiary Errors and Denial of a Fair Trial: United States v. Al-Moayad and Zayed Introduction United States v. Mohammed Ali Al-Moayad and Mohammed Mohsen Zayed is a landmark...
Good-Faith Exception Upholds Search Evidence Despite Probable Cause Deficiency in US v. Falso

Good-Faith Exception Upholds Search Evidence Despite Probable Cause Deficiency in US v. Falso

Date: Sep 26, 2008
Good-Faith Exception Upholds Search Evidence Despite Probable Cause Deficiency in United States v. Falso Introduction United States of America v. David J. Falso, 544 F.3d 110 (2d Cir. 2008), is a...
Brady Violations in Racketeering and Corruption Cases: Insights from United States v. Spadoni

Brady Violations in Racketeering and Corruption Cases: Insights from United States v. Spadoni

Date: Sep 26, 2008
Brady Violations in Racketeering and Corruption Cases: Insights from United States v. Spadoni Introduction The case of United States v. Spadoni (544 F.3d 149, 2d Cir. 2008) serves as a pivotal...
Multiplicity under 18 U.S.C. § 228: Second Circuit Rules in United States v. Kerley

Multiplicity under 18 U.S.C. § 228: Second Circuit Rules in United States v. Kerley

Date: Sep 26, 2008
Multiplicity under 18 U.S.C. § 228: Second Circuit Rules in United States v. Kerley Introduction In the landmark case of United States v. Kerley, the United States Court of Appeals for the Second...
Affirming Jury Sovereignty in Assessing Credibility: Coté v. United States

Affirming Jury Sovereignty in Assessing Credibility: Coté v. United States

Date: Sep 25, 2008
Affirming Jury Sovereignty in Assessing Credibility: Coté v. United States Introduction The case of United States of America v. Paul M. Coté (544 F.3d 88) serves as a pivotal precedent in reinforcing...
United States v. Magassouba: Clarifying Authority Under 18 U.S.C. §4241(d)

United States v. Magassouba: Clarifying Authority Under 18 U.S.C. §4241(d)

Date: Sep 20, 2008
United States v. Magassouba: Clarifying Authority Under 18 U.S.C. §4241(d) Introduction In the landmark case United States v. Moustapha Magassouba, decided by the United States Court of Appeals for...
Second Circuit Establishes Enhanced Burden-Shifting in ADA Accessibility Compliance

Second Circuit Establishes Enhanced Burden-Shifting in ADA Accessibility Compliance

Date: Sep 19, 2008
Second Circuit Establishes Enhanced Burden-Shifting in ADA Accessibility Compliance Introduction The case of Roberts, Lee, and the Suffolk Independent Living Organization (SILO) v. Royal Atlantic...
Controlled Substance Offense Definition Clarified: United States v. Savage

Controlled Substance Offense Definition Clarified: United States v. Savage

Date: Sep 19, 2008
Controlled Substance Offense Definition Clarified: United States v. Savage Introduction In the case of United States of America v. Lavon Savage, decided by the United States Court of Appeals for the...
Limitations on Estoppel in Compelling Arbitration for Non-Signatories: Analysis of Sokol Holdings, Inc. v. BMB Munai, Inc.

Limitations on Estoppel in Compelling Arbitration for Non-Signatories: Analysis of Sokol Holdings, Inc. v. BMB Munai, Inc.

Date: Sep 19, 2008
Limitations on Estoppel in Compelling Arbitration for Non-Signatories: Analysis of Sokol Holdings, Inc. v. BMB Munai, Inc. Introduction The case of Sokol Holdings, Inc., Brian Savage, and Thomas...
Continued RICO Enterprise Meets Statute of Limitations: Second Circuit Reverses District Court in United States v. Eppolito and Caracappa

Continued RICO Enterprise Meets Statute of Limitations: Second Circuit Reverses District Court in United States v. Eppolito and Caracappa

Date: Sep 18, 2008
Continued RICO Enterprise Meets Statute of Limitations: Second Circuit Reverses District Court in United States v. Eppolito and Caracappa Introduction United States of America v. Louis Eppolito and...
Judicial Impartiality and Recusal in the Face of Defendant Threats: Analysis of In re Vincent Basiano

Judicial Impartiality and Recusal in the Face of Defendant Threats: Analysis of In re Vincent Basiano

Date: Sep 18, 2008
Judicial Impartiality and Recusal in the Face of Defendant Threats: Analysis of In re Vincent Basiano Introduction In the case of In re Vincent Basiano, the United States Court of Appeals for the...
Exclusive Licensing Structures and Antitrust Implications: MLBP v. Salvino

Exclusive Licensing Structures and Antitrust Implications: MLBP v. Salvino

Date: Sep 13, 2008
Exclusive Licensing Structures and Antitrust Implications: MLBP v. Salvino Introduction The case of Major League Baseball Properties, Inc. v. Salvino, Inc. (542 F.3d 290) presents a significant...
Defining Official Capacity and Municipal Liability under §1983: A Comprehensive Analysis of Roe v. City of Waterbury

Defining Official Capacity and Municipal Liability under §1983: A Comprehensive Analysis of Roe v. City of Waterbury

Date: Sep 12, 2008
Defining Official Capacity and Municipal Liability under §1983: A Comprehensive Analysis of Roe v. City of Waterbury Introduction The case of Susan Roe, Jr., Jane Doe, Jr. v. The City of Waterbury,...
Certified Mail Sufficiency in Tax Foreclosure Proceedings Upheld: Miner v. Clinton County

Certified Mail Sufficiency in Tax Foreclosure Proceedings Upheld: Miner v. Clinton County

Date: Sep 6, 2008
Certified Mail Sufficiency in Tax Foreclosure Proceedings Upheld: Miner v. Clinton County Introduction In the landmark case of Miner v. Clinton County, decided on September 5, 2008, the United States...
Extending RICO Conspiracy Liability Beyond Individual Predicate Acts: United States v. Yannotti

Extending RICO Conspiracy Liability Beyond Individual Predicate Acts: United States v. Yannotti

Date: Sep 5, 2008
Extending RICO Conspiracy Liability Beyond Individual Predicate Acts: United States v. Yannotti Introduction United States v. Michael Yannotti, 541 F.3d 112 (2d Cir. 2008), is a significant appellate...
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