2d Circuit Case Commentaries

Voluntary Consent and Constructive Possession in Drug Distribution: Analysis of U.S. v. Silvestre R. Beltran

Date: Feb 3, 2011

Voluntary Consent and Constructive Possession in Drug Distribution: Analysis of U.S. v. Silvestre R. Beltran Introduction In United States of America v. Silvestre Rico Beltran, the United States...

Second Circuit Establishes Aggravating Circumstances Requirement for Asylum Claims Based on Involuntary IUD Insertion

Date: Feb 2, 2011

Second Circuit Establishes Aggravating Circumstances Requirement for Asylum Claims Based on Involuntary IUD Insertion Introduction In the case of MEI FUN WONG, a.k.a. Mei Fen Huang, Ling Go,...

Genetic Predisposition and Sentencing: Insights from United States v. Gary Cossey

Date: Jan 29, 2011

Genetic Predisposition and Sentencing: Insights from United States v. Gary Cossey Introduction The case of United States of America v. Gary Cossey, decided by the United States Court of Appeals for...

Time-Barred Ownership Claims Preclude Copyright Infringement Actions: Kwan v. Schlein

Date: Jan 26, 2011

Time-Barred Ownership Claims Preclude Copyright Infringement Actions: Kwan v. Schlein Introduction The case Shirley Y. Kwan v. Alan M. Schlein et al. (634 F.3d 224), adjudicated by the United States...

Jurisdictional Boundaries in Criminal Prosecution: Insights from Al v. Carvajal

Date: Jan 26, 2011

Jurisdictional Boundaries in Criminal Prosecution: Insights from Al v. Carvajal Introduction The case of Alvaro Carvajal v. Superintendent Dale Artus, decided on January 25, 2011, by the United...

Second Circuit Establishes Standards for Title IX Sexual Harassment and Retaliation Claims in Academic Institutions

Date: Jan 25, 2011

Second Circuit Establishes Standards for Title IX Sexual Harassment and Retaliation Claims in Academic Institutions Introduction In the landmark case of Papelino v. Albany College of Pharmacy of...

Affirmation of Qualified Privileges in Scientific Defamation Cases: CHANDOK v. KLESSIG

Date: Jan 14, 2011

Affirmation of Qualified Privileges in Scientific Defamation Cases: CHANDOK v. KLESSIG Introduction In the case of Meena Chandok, Ph.D. v. Daniel F. Klessig, Ph.D., decided by the United States Court...

Second Circuit Defines Scope of Constitutional Privacy for Medical Conditions, Excluding Fibromyalgia in Matson v. Board of Education

Date: Jan 12, 2011

Second Circuit Defines Scope of Constitutional Privacy for Medical Conditions, Excluding Fibromyalgia in Matson v. Board of Education Introduction In the case of Dorrit Matson v. Board of Education...

Priority of Contractual Rights Over Secured Interests: Insights from Diesel Props S.R.L. v. Greystone Business Credit II LLC

Date: Jan 7, 2011

Priority of Contractual Rights Over Secured Interests: Insights from Diesel Props S.R.L., Diesel Kid S.r.l. v. Greystone Business Credit II LLC Introduction The case Diesel Props S.R.L., Diesel Kid...

Affirmation of Mt. Healthy Defense in Anemone v. MTA: Implications for Public Employee Speech

Date: Jan 5, 2011

Affirmation of Mt. Healthy Defense in Anemone v. MTA: Implications for Public Employee Speech 1. Introduction In the case of Louis R. Anemone v. Metropolitan Transportation Authority (MTA),...

Certificate of Insurance and Estoppel: Insights from 10 Ellicott Square Court Corp. v. Mountain Valley Indemnity Co.

Date: Dec 24, 2010

Certificate of Insurance and Estoppel: Insights from 10 Ellicott Square Court Corp. v. Mountain Valley Indemnity Co. Introduction The case of 10 Ellicott Square Court Corporation and 5182 Group, LLC...

Equitable Tolling Denied in Habeas Corpus Petition Due to Procedural Requirements Under New York Law

Date: Dec 24, 2010

Equitable Tolling Denied in Habeas Corpus Petition Due to Procedural Requirements Under New York Law Introduction In the landmark case of Taiwu Jenkins v. Gary Greene, 630 F.3d 298 (2d Cir. 2010),...

Second Circuit Affirms District Court's Discretion in Awarding Attorneys' Fees under the Individuals with Disabilities Education Act

Date: Dec 23, 2010

Second Circuit Affirms District Court's Discretion in Awarding Attorneys' Fees under the Individuals with Disabilities Education Act Introduction The case of Celeste Green et al. v. City of New York...

Enforcement of Appeal Waivers: Extending Scope to Rule 32 Errors and Interpreter Absence – United States v. Vigil

Date: Dec 22, 2010

Enforcement of Appeal Waivers: Extending Scope to Rule 32 Errors and Interpreter Absence – United States v. Vigil Introduction In the landmark decision of United States v. Vigil, the United States...

Second Circuit Affirms FISA's 'Significant Purpose' Standard Post-PATRIOT Act

Date: Dec 21, 2010

Second Circuit Affirms FISA's 'Significant Purpose' Standard Post-PATRIOT Act Introduction In United States of America v. Hassan Abu-Jihaad, the United States Court of Appeals for the Second Circuit...

Laches Doctrine Affirmed in Trademark Infringement Case: RBC Nice Bearings, Inc. v. Peer Bearing Company

Date: Dec 16, 2010

Laches Doctrine Affirmed in Trademark Infringement Case: RBC Nice Bearings, Inc. v. Peer Bearing Company Introduction The case of RBC Nice Bearings, Inc., Roller Bearing Company of America...

Due Process Implications in the Retroactive Application of the TVPA: United States v. Marcus

Date: Dec 8, 2010

Due Process Implications in the Retroactive Application of the TVPA: United States v. Marcus Introduction In United States v. Glenn Marcus, 628 F.3d 36 (2d Cir. 2010), the United States Court of...

Comprehensive Commentary on Fuller v. Astrue: Upholding Substantial Evidence in Social Security Disability Claims

Date: Dec 7, 2010

Court Reaffirms Necessity for Comprehensive Evidence in Social Security Disability Claims: Fuller v. Astrue Introduction In the landmark case of Sandra Decker Fuller v. Michael J. Astrue,...

City of New York v. Hamilton et al.: Affirming Summary Judgment in Employment Discrimination Case

Date: Dec 4, 2010

City of New York v. Hamilton et al.: Affirming Summary Judgment in Employment Discrimination Case Introduction The case of Estate of Paulette Hamilton, Subhash Naik, Gamal Hanna, and Nivine...

Strict Adherence to Contemporaneous Time Records for Attorney's Fees Under FLSA Established in SCOTT v. CITY OF NEW YORK

Date: Dec 2, 2010

Strict Adherence to Contemporaneous Time Records for Attorney's Fees Under FLSA Established in SCOTT v. CITY OF NEW YORK Introduction In Keenan Scott, et al. v. City of New York (626 F.3d 130), the...