2d Circuit Case Commentaries

Equitable Tolling Requires Continuous Due Diligence After Discovering Ineffective Counsel: Rashid v. Mukasey

Date: Jul 17, 2008

Equitable Tolling Requires Continuous Due Diligence After Discovering Ineffective Counsel: Rashid v. Mukasey Introduction In the landmark case Abdul Rashid v. Michael B. Mukasey, decided by the...

Recusal Standards and Double Jeopardy in Federal Criminal Proceedings: Insights from United States v. Rasheim Carlton

Date: Jul 17, 2008

Recusal Standards and Double Jeopardy in Federal Criminal Proceedings: Insights from United States v. Rasheim Carlton Introduction The case United States of America v. Rasheim Carlton, 534 F.3d 97...

Non-Appealability of Specific Performance Orders: PETRELLO v. WHITE Sets Precedent in Second Circuit

Date: Jul 11, 2008

Non-Appealability of Specific Performance Orders: PETRELLO v. WHITE Sets Precedent in Second Circuit Introduction In Anthony G. Petrello and Cynthia A. Petrello v. John C. White, Jr. and White...

Expedited Reinstatement of Deportation Orders Affirmed by Second Circuit

Date: Jul 9, 2008

Expedited Reinstatement of Deportation Orders Affirmed by Second Circuit Introduction The case of Horacio H. Garcia-Villeda v. Michael B. Mukasey addressed significant procedural aspects of...

Preemption of State Law Claims in ERISA-Regulated Deferred Compensation Plans: Paneccasio v. Unisource Worldwide, Inc.

Date: Jul 8, 2008

Preemption of State Law Claims in ERISA-Regulated Deferred Compensation Plans: Paneccasio v. Unisource Worldwide, Inc. Introduction The case of Eugene Paneccasio v. Unisource Worldwide, Inc....

Second Circuit Upholds Collective Bargaining Agreement's Election-of-Remedies Provision under Title VII

Date: Jul 8, 2008

Second Circuit Upholds Collective Bargaining Agreement's Election-of-Remedies Provision under Title VII Introduction The Second Circuit Court of Appeals delivered a pivotal decision in the case of...

Affirmed Duty of Employers to Accommodate Perceived Disabilities Under the ADA – Brady v. Wal-Mart Stores, Inc.

Date: Jul 3, 2008

Affirmed Duty of Employers to Accommodate Perceived Disabilities Under the ADA – Brady v. Wal-Mart Stores, Inc. Introduction Brady v. Wal-Mart Stores, Inc., 531 F.3d 127 (2d Cir. 2008), represents a...

Aref v. USA (533 F.3d 72): Defining Discovery Standards for Classified Information and Intervention Standards in Criminal Proceedings

Date: Jul 3, 2008

Aref v. United States (533 F.3d 72): Advancing Discovery Standards for Classified Information and Intervention Protocols in Criminal Litigation Introduction In United States of America v. Yassin...

Limitations on Bivens Actions in National Security Removal Cases: ARAR v. ASHCROFT (2d Cir. 2008)

Date: Jul 1, 2008

Limitations on Bivens Actions in National Security Removal Cases: ARAR v. ASHCROFT (2d Cir. 2008) Introduction The case of Maher Arar v. John Ashcroft stands as a pivotal judicial decision addressing...

Affirmation of the Federal Death Penalty Act's Evidentiary Standards in United States v. Fell

Date: Jun 28, 2008

Affirmation of the Federal Death Penalty Act's Evidentiary Standards in United States v. Fell Introduction The case of United States of America v. Donald Fell, reported in 531 F.3d 197, adjudicated...

Enhanced Requirements for Corporate Scienter in Securities Fraud: Teamsters v. Dynex Capital

Date: Jun 27, 2008

Enhanced Requirements for Corporate Scienter in Securities Fraud: Teamsters v. Dynex Capital Introduction In the landmark case Teamsters Local 445 Freight Division Pension Fund v. Dynex Capital Inc....

Keith Jones Case: Second Circuit Affirms Crack Cocaine Possession Conviction, Remands Sentence in Light of Kimbrough and Gall Precedents

Date: Jun 25, 2008

Keith Jones Case: Second Circuit Affirms Crack Cocaine Possession Conviction, Remands Sentence in Light of Kimbrough and Gall Precedents Introduction In the landmark case of UNITED STATES of America...

Second Circuit Limits Receiver's Standing in Fraudulent Conveyance Claims and Affirms Seventh Amendment Jury Rights

Date: Jun 21, 2008

Second Circuit Limits Receiver's Standing in Fraudulent Conveyance Claims and Affirms Seventh Amendment Jury Rights Introduction In Sandi Eberhard, Inter v. nor-Appellant, 530 F.3d 122 (2d Cir....

Judicial Impartiality in Immigration Appeals: Ali v. Mukasey

Date: Jun 19, 2008

Judicial Impartiality in Immigration Appeals: Ali v. Mukasey Introduction Peter Conrad Ali, a lawful permanent resident from Guyana, faced multiple deportations from the United States due to a...

Ensuring Evidentiary Support for U.S.S.G. §2K2.1(b)(6) Enhancements: Lessons from the Legros Decision

Date: Jun 18, 2008

Ensuring Evidentiary Support for U.S.S.G. §2K2.1(b)(6) Enhancements: Lessons from the Legros Decision Introduction The case of UNITED STATES of America v. Herby Legros, 529 F.3d 470 (2d Cir. 2008),...

Interpretation of 18 U.S.C. § 924(c)(1)(A) 'Except' Clause in Relation to Armed Career Criminals: Second Circuit Establishes Precedent

Date: Jun 17, 2008

Interpretation of 18 U.S.C. § 924(c)(1)(A) 'Except' Clause in Relation to Armed Career Criminals: Second Circuit Establishes Precedent Introduction The case of United States of America v. Latie...

Adverse Interest Exception and Standing in Bankruptcy Proceedings: Comprehensive Analysis of In re CBI Holding Company, Inc.