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  • Commentaries
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2d Circuit Case Commentaries

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...
Reestablishing Judicial Jurisdiction in Immigration Status Adjustment: Sharkey v. Quarantillo

Reestablishing Judicial Jurisdiction in Immigration Status Adjustment: Sharkey v. Quarantillo

Date: Sep 4, 2008
Reestablishing Judicial Jurisdiction in Immigration Status Adjustment: Sharkey v. Quarantillo Decision Introduction The case of Felipa Sharkey v. Andrea Quarantillo presents a significant legal...
Establishing Standing under RICO: City of New York v. Smokes-Spirits.com, Inc., et al.

Establishing Standing under RICO: City of New York v. Smokes-Spirits.com, Inc., et al.

Date: Sep 3, 2008
Establishing Standing under RICO: City of New York v. Smokes-Spirits.com, Inc., et al. Introduction In the landmark case City of New York v. Smokes-Spirits.com, Inc., et al., decided on September 2,...
Affirmation of Drug-Related Murder Conviction Under 21 U.S.C. § 848(e)(1)(A)

Affirmation of Drug-Related Murder Conviction Under 21 U.S.C. § 848(e)(1)(A)

Date: Sep 3, 2008
Affirmation of Drug-Related Murder Conviction Under 21 U.S.C. § 848(e)(1)(A) Introduction The case of UNITED STATES of America v. Manuel Santos (541 F.3d 63) adjudicated by the United States Court of...
State-Influenced Corporate Policies and the Sixth Amendment: Insights from Stein v. United States

State-Influenced Corporate Policies and the Sixth Amendment: Insights from Stein v. United States

Date: Aug 29, 2008
State-Influenced Corporate Policies and the Sixth Amendment: Insights from Stein v. United States Introduction The case of United States of America v. Jeffrey Stein, John Lanning, Richard Smith,...
Affirmation of Dismissal for Failure to State Claims in HANLY v. POWELL GOLDSTEIN: Implications for Personal Jurisdiction and Pleading Standards

Affirmation of Dismissal for Failure to State Claims in HANLY v. POWELL GOLDSTEIN: Implications for Personal Jurisdiction and Pleading Standards

Date: Aug 27, 2008
Affirmation of Dismissal for Failure to State Claims in HANLY v. POWELL GOLDSTEIN: Implications for Personal Jurisdiction and Pleading Standards Introduction The case of Paul J. Hanly, Jr. and The...
Defining Personal Jurisdiction in PACA-Related Default Judgments and Appeal Procedures: DiSapio v. "R" Best Produce

Defining Personal Jurisdiction in PACA-Related Default Judgments and Appeal Procedures: DiSapio v. "R" Best Produce

Date: Aug 27, 2008
Defining Personal Jurisdiction in PACA-Related Default Judgments and Appeal Procedures: DiSapio v. "R" Best Produce Introduction The case of "R" Best Produce, Inc. v. Carmine DiSapio, Sr. and Carmine...
Determining Maritime Contracts and Prejudgment Attachments: Insights from Williamson v. Recovery Limited Partnership

Determining Maritime Contracts and Prejudgment Attachments: Insights from Williamson v. Recovery Limited Partnership

Date: Aug 23, 2008
Determining Maritime Contracts and Prejudgment Attachments: Insights from Williamson v. Recovery Limited Partnership Introduction The case of Michael Williamson, Estate of Don C. Craft, et al. v....
Enforcing Consent Clauses in Insurance Settlements: Second Circuit Upholds California Good Faith Standards

Enforcing Consent Clauses in Insurance Settlements: Second Circuit Upholds California Good Faith Standards

Date: Aug 20, 2008
Enforcing Consent Clauses in Insurance Settlements: Second Circuit Upholds California Good Faith Standards Introduction In the case of Bernard L. Schwartz v. Liberty Mutual Insurance Company et al....
Affirmation of Reasonable Attorneys' Fees Award under the PSLRA in In re Nortel Networks Corp. Securities Litigation

Affirmation of Reasonable Attorneys' Fees Award under the PSLRA in In re Nortel Networks Corp. Securities Litigation

Date: Aug 20, 2008
Affirmation of Reasonable Attorneys' Fees Award under the PSLRA in In re Nortel Networks Corp. Securities Litigation Introduction The case In re Nortel Networks Corp. Securities Litigation,...
Pro Se Relators Barred from Bringing False Claims Act Qui Tam Actions: Second Circuit Affirms

Pro Se Relators Barred from Bringing False Claims Act Qui Tam Actions: Second Circuit Affirms

Date: Aug 20, 2008
Pro Se Relators Barred from Bringing False Claims Act Qui Tam Actions: Second Circuit Affirms Introduction The case of United States of America, ex rel. Mergent Services and John Bal v. Marie...
Second Circuit Rules: Final Removal Orders Impose Motion to Reopen Requirement for Successive Asylum Applications

Second Circuit Rules: Final Removal Orders Impose Motion to Reopen Requirement for Successive Asylum Applications

Date: Aug 16, 2008
Second Circuit Rules: Final Removal Orders Impose Motion to Reopen Requirement for Successive Asylum Applications Introduction The case of Yuen Jin, Petitioner v. Michael B. Mukasey, Attorney General...
Forfeiture of §15-108(a) Right to Apportionment Post Summary Judgment: Schipani v. McLeod

Forfeiture of §15-108(a) Right to Apportionment Post Summary Judgment: Schipani v. McLeod

Date: Aug 16, 2008
Forfeiture of §15-108(a) Right to Apportionment Post Summary Judgment: Schipani v. McLeod Introduction In Schipani v. McLeod, 541 F.3d 158 (2d Cir. 2008), the United States Court of Appeals for the...
Statute of Limitations Limits Compensation for Denial of FAPE: Somoza v. NYC Department of Education

Statute of Limitations Limits Compensation for Denial of FAPE: Somoza v. NYC Department of Education

Date: Aug 15, 2008
Statute of Limitations Limits Compensation for Denial of FAPE: Somoza v. NYC Department of Education Introduction In the landmark case of Alba Somoza v. New York City Department of Education, the...
Defining Bankruptcy Estate Ownership: Insights from Charts v. Nationwide Mutual Insurance Company

Defining Bankruptcy Estate Ownership: Insights from Charts v. Nationwide Mutual Insurance Company

Date: Aug 15, 2008
Defining Bankruptcy Estate Ownership: Insights from Charts v. Nationwide Mutual Insurance Company Introduction The case of Chartschlaa and King v. Nationwide Mutual Insurance Company (538 F.3d 116)...
Expanding Foreign Sovereign Immunity: FSIA Protects Individual Government Officials

Expanding Foreign Sovereign Immunity: FSIA Protects Individual Government Officials

Date: Aug 15, 2008
Expanding Foreign Sovereign Immunity: FSIA Protects Individual Government Officials Introduction The case of In re Terrorist Attacks on September 11, 2001 (538 F.3d 71) adjudicated by the United...
Voluntariness of Guilty Pleas and Prosecutorial Disclosures: United States v. Doe

Voluntariness of Guilty Pleas and Prosecutorial Disclosures: United States v. Doe

Date: Aug 14, 2008
Voluntariness of Guilty Pleas and Prosecutorial Disclosures: United States v. Doe Introduction In the landmark case of United States v. John Doe, decided by the United States Court of Appeals for the...
Expanding Legal Remedies: RBC v. American Software Establishes Standards for Second Amended Complaints and Forum Selection

Expanding Legal Remedies: RBC v. American Software Establishes Standards for Second Amended Complaints and Forum Selection

Date: Aug 14, 2008
Expanding Legal Remedies: RBC v. American Software Establishes Standards for Second Amended Complaints and Forum Selection Introduction In the case of Roller Bearing Company of America, Inc. (RBC) v....
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