2d Circuit Case Commentaries

Right to Pro Se Representation Affirmed: Leftridge v. Connecticut State Trooper

Date: May 13, 2011

Right to Pro Se Representation Affirmed: Leftridge v. Connecticut State Trooper Introduction Leftridge v. Connecticut State Trooper is a landmark case decided by the United States Court of Appeals...

Refining Underwriter Liability: Second Circuit Affirms Dismissal of Rating Agencies' Liability in Mortgage-Backed Securities Litigation

Date: May 12, 2011

Refining Underwriter Liability: Second Circuit Affirms Dismissal of Rating Agencies' Liability in Mortgage-Backed Securities Litigation Introduction The appellate case, In re LEHMAN BROTHERS...

Affirmation of New York’s Tax Regulation on Tribal Cigarette Sales: A Comprehensive Analysis

Date: May 10, 2011

Affirmation of New York’s Tax Regulation on Tribal Cigarette Sales: A Comprehensive Analysis Introduction The case of Oneida Nation of New York et al. v. Andrew M. Cuomo, adjudicated by the United...

HALEBIAN v. BERV: Reaffirming the Business Judgment Rule in Derivative Suits under Massachusetts Law

Date: May 7, 2011

HALEBIAN v. BERV: Reaffirming the Business Judgment Rule in Derivative Suits under Massachusetts Law Introduction HALEBIAN v. BERV, adjudicated by the United States Court of Appeals for the Second...

Second Circuit Affirms Non-Compensability of Commute Time under FLSA but Remands Unpaid Overtime Claims for Trial

Date: May 6, 2011

Second Circuit Affirms Non-Compensability of Commute Time under FLSA but Remands Unpaid Overtime Claims for Trial Introduction In Greg Kuebel v. Black Decker Inc., 643 F.3d 352 (2d Cir. 2011), the...

Second Circuit Upholds 'Strong Basis in Evidence' Standard for Race-Conscious Remedies in Title VII: Insights from Ricci Precedent

Date: May 6, 2011

Second Circuit Upholds 'Strong Basis in Evidence' Standard for Race-Conscious Remedies in Title VII: Insights from Ricci Precedent Introduction In the landmark decision of Ricci v. DeStefano, the...

Affirmation of Absolute and Unconditional Guaranties: HSH Nordbank AG v. Street and Cohen

Date: May 5, 2011

Affirmation of Absolute and Unconditional Guaranties: HSH Nordbank AG v. Street and Cohen Introduction The case of HSH Nordbank AG New York Branch v. Brian Street and James Cohen was adjudicated by...

Default Judgment Upheld: Forfeiture of Personal Jurisdiction Defense in Firearms Nuisance Litigation

Date: May 5, 2011

Default Judgment Upheld: Forfeiture of Personal Jurisdiction Defense in Firearms Nuisance Litigation Introduction In the appellate case The City of New York v. Mickalis Pawn Shop, LLC, et al., the...

Affirmation of Conviction in Persico v. United States: Establishing Precedents in Organized Crime Prosecutions

Date: May 4, 2011

Affirmation of Conviction in Persico v. United States: Establishing Precedents in Organized Crime Prosecutions Introduction UNITED STATES of America v. Alphonse T. Persico and John J. DeRoss (645...

Affirmation of Summary Judgment in Guerra v. Jones: Implications for Discrimination and Stigma-Plus Claims under Title VII and ADEA

Date: Apr 29, 2011

Affirmation of Summary Judgment in Guerra v. Jones: Implications for Discrimination and Stigma-Plus Claims under Title VII and ADEA Introduction Guerra v. Jones is a pivotal case adjudicated by the...

Dismissal of Conspiratorial Claims in April Gallop v. Cheney: Establishing Frivolous Litigation Standards

Date: Apr 28, 2011

Dismissal of Conspiratorial Claims in April Gallop v. Cheney: Establishing Frivolous Litigation Standards Introduction April Gallop, an individual claimant, alongside her minor child E.G., filed a...

Equitable Tolling under AEDPA: Second Circuit's Landmark Decision in Dillon v. Conway

Date: Apr 27, 2011

Equitable Tolling under AEDPA: Second Circuit's Landmark Decision in Dillon v. Conway Introduction Dillon v. Conway (642 F.3d 358) is a pivotal judgment delivered by the United States Court of...

Lockheed Martin v. Retail Holdings: Clarifying Asset Transfer in Corporate Spin-Offs

Date: Apr 27, 2011

Lockheed Martin v. Retail Holdings: Clarifying Asset Transfer in Corporate Spin-Offs Introduction The case of Lockheed Martin Corporation v. Retail Holdings, N.V. (639 F.3d 63) adjudicated by the...

Affirmation of Qualified Immunity for School Administrators in Regulating Student Speech: Avery Doninger v. School Administrators

Date: Apr 26, 2011

Affirmation of Qualified Immunity for School Administrators in Regulating Student Speech: Avery Doninger v. School Administrators Introduction The case of Avery Doninger v. Karissa Niehoff and Paula...

United States v. Curley: Admissibility of Prior Acts and Subsequent Evidence in Stalking Cases

Date: Apr 26, 2011

United States v. Curley: Admissibility of Prior Acts and Subsequent Evidence in Stalking Cases Introduction The case of United States of America v. James Curley (639 F.3d 50) addresses critical...

ERISA Preemption in Healthcare Provider Claims: Montefiore Medical Center v. Teamsters Local 272

Date: Apr 22, 2011

ERISA Preemption in Healthcare Provider Claims: Montefiore Medical Center v. Teamsters Local 272 Introduction Montefiore Medical Center v. Teamsters Local 272 is a pivotal case adjudicated by the...

Appellate Jurisdiction and Attorney Sanctions under 28 U.S.C. § 1927: Insights from Johnson v. University of Rochester Medical Center

Date: Apr 20, 2011

Appellate Jurisdiction and Attorney Sanctions under 28 U.S.C. § 1927: Insights from Johnson v. University of Rochester Medical Center Introduction The case of Keith Johnson, M.D., et al. v....

Disability Recognition Despite Workplace Presence under ERISA: O'Hara v. National Union Fire Insurance

Date: Apr 15, 2011

Disability Recognition Despite Workplace Presence under ERISA: O'Hara v. National Union Fire Insurance Introduction The case of Patricia O'Hara v. National Union Fire Insurance Company of Pittsburgh,...

Affirmation of Removal Jurisdiction in Parmalat Capital Finance Limited v. Bank of America Corporation

Date: Apr 13, 2011

Affirmation of Removal Jurisdiction in Parmalat Capital Finance Limited v. Bank of America Corporation Introduction The case of Parmalat Capital Finance Limited, et al. v. Bank of America...

Second Circuit Clarifies "Arising Out Of Operations" in Additional Insured Provisions

Date: Apr 8, 2011

Second Circuit Clarifies "Arising Out Of Operations" in Additional Insured Provisions Introduction In the case of Federal Insurance Company v. American Home Assurance Company, decided by the United...