Enhanced Standards for Standing and Pleading in Securities Class Actions: Public Employees' Retirement System of Mississippi v. Merrill Lynch Co. Inc. Introduction Public Employees' Retirement System...
Waiver of Arbitration Rights through Prolonged Litigation: Insights from LSED v. Merrill Lynch Introduction The case of Louisiana Stadium Exposition District (LSED) and the State of Louisiana v....
Denial of Constitutional Right to Post-Conviction DNA Testing Established in McKITHEN v. BROWN Introduction McKITHEN v. BROWN, 626 F.3d 143 (2010), is a pivotal case in the landscape of...
Admissibility of Hearsay in Preliminary Injunctions: Second Circuit Affirms Protections Against Retaliation under FLSA Introduction The case of Edward D. Mullins, et al. v. City of New York and The...
Effective Termination of Life Insurance Policies Without Written Notice: Wilson v. Northwestern Mutual Introduction The case of Michelle Wilson v. Northwestern Mutual Insurance Company, decided by...
Timely Notice of Removal: Establishing the Start of the Removal Clock under 28 U.S.C. § 1446 Introduction In the landmark case of Rachel Moltner v. Starbucks Coffee Company, 624 F.3d 34 (2d Cir....
Jurisdictional Overreach in Multi-District Litigation: AEP Energy Services Gas vs. Bank of America Introduction The case of AEP Energy Services Gas Holding Company, Houston Pipe Line Company LP, HPL...
Affirmation of Denial of Class Certification Under FLSA and New York Labor Law §191 in Myers v. Hertz Corporation 1. Introduction In the case of Jennifer Myers, Plaintiff-Appellant, v. The Hertz...
Second Circuit Reinforces False Endorsement Protections under the Lanham Act while Imposing Stricter Standing Requirements for Unfair Competition Claims Introduction In the landmark case Famous Horse...
Establishing Standards for Successive Habeas Corpus Petitions under AEDPA: Quezada v. Smith Introduction Ruddy Quezada, a convicted second-degree murderer, appealed his case in Quezada v. Joseph...
Marks v. United States: Redefining Procedural Pathways for Ineffective Assistance of Counsel Claims Introduction Marks v. United States, 623 F.3d 104 (2d Cir. 2010), addresses critical procedural...
Reaffirming the Constitutionality of New York's Persistent Felony Offender Sentencing Scheme under Apprendi and Blakely Introduction The case of Carlos Portalatin, Petitioner-Appellee, v. Harold...
Clarifying Excessive Force Standards and Pro Se Solicitude: The Landmark Decision in Tracy v. Freshwater Introduction In the landmark case of Patrick Tracy v. Parker J. Freshwater, Tompkins County,...
Qualified Immunity in School Settings: Analysis of DEFABIO v. EAST HAMPTON UNION FREE SCHOOL DISTrict Introduction The case of Daniel Defabio and Patricia DEFABIO v. EAST HAMPTON UNION FREE SCHOOL...
Second Circuit Upholds Qualified Immunity for Police Officer Arresting Under Unofficially Repealed Loitering Statute Introduction In the case of Joseph Amore v. Andrew Novarro, City of Ithaca, the...
Magwood v. Patterson Extends to Federal §2255 Motions: Johnson v. United States Sets New Precedent Introduction The case of Leonard C. Johnson v. United States (623 F.3d 41, Second Circuit, 2010)...
Second Circuit Clarifies Scope of Incontestability: Assignment Challenges Remain Viable under the Lanham Act Introduction The case of Federal Treasury Enterprise Sojuzplodoimport and Zakrytoe...
Implications of Employment Repudiation and Defamation in DiFolco v. MSNBC Introduction In the case of Claudia DiFOLCO v. MSNBC CABLE L.L.C., Rick Kaplan, and Scott Leon, adjudicated by the United...
Affirmation of Dismissal: FDCPA Claims Cannot Arise from Bankruptcy Proof of Claim Filings Introduction In the case of Lamont B. Simmons and Melissa R. Simmons v. Roundup Funding, LLC et al., the...
Second Circuit Clarifies Scope of Class-of-One Equal Protection Claims in Regulatory Contexts Introduction In Analytical Diagnostic Labs, Inc. v. Kusel et al., the United States Court of Appeals for...