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  • Commentaries
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2d Circuit Case Commentaries

Affirmation of Limited §1983 Liability in Confidential Informant Operations: MATICAN v. CITY OF NEW YORK

Affirmation of Limited §1983 Liability in Confidential Informant Operations: MATICAN v. CITY OF NEW YORK

Date: Apr 24, 2008
Affirmation of Limited §1983 Liability in Confidential Informant Operations: MATICAN v. CITY OF NEW YORK Introduction Robert MATICAN v. CITY OF NEW YORK, 524 F.3d 151 (2d Cir. 2008), is a significant...
Whitman v. EPA: Establishing Limitations on Bivens Claims in Federal Disaster Response

Whitman v. EPA: Establishing Limitations on Bivens Claims in Federal Disaster Response

Date: Apr 23, 2008
Whitman v. EPA: Establishing Limitations on Bivens Claims in Federal Disaster Response Introduction The case of Gail Benzman et al. v. Christine Todd Whitman et al. was adjudicated by the United...
Predominance of Individual Causation Over Common Questions Leads to Class Decertification in RICO Suit

Predominance of Individual Causation Over Common Questions Leads to Class Decertification in RICO Suit

Date: Apr 4, 2008
Predominance of Individual Causation Over Common Questions Leads to Class Decertification in RICO Suit Introduction In the case of Karen McLaughlin, Jane Amodeo, Da v. d Tuttleman, Susan Bailey,...
Reevaluating the Buyer-Seller Rule in Drug Conspiracy Cases: Insights from UNITED STATES v. Wexler

Reevaluating the Buyer-Seller Rule in Drug Conspiracy Cases: Insights from UNITED STATES v. Wexler

Date: Apr 4, 2008
Reevaluating the Buyer-Seller Rule in Drug Conspiracy Cases: Insights from UNITED STATES v. Wexler Introduction The case of UNITED STATES v. Wexler (522 F.3d 194) presents a pivotal examination of...
Marward Shipping Co. Ltd. v. Porina: Establishing Limits on General Jurisdiction in International Maritime Litigation

Marward Shipping Co. Ltd. v. Porina: Establishing Limits on General Jurisdiction in International Maritime Litigation

Date: Apr 2, 2008
Marward Shipping Co. Ltd. v. Porina: Establishing Limits on General Jurisdiction in International Maritime Litigation Introduction The case of Victorija Porina et al. v. Marward Shipping Co., Ltd....
Title VII Protection for Employees Based on Interracial Associations: HOLCOMB v. IONA COLLEGE

Title VII Protection for Employees Based on Interracial Associations: HOLCOMB v. IONA COLLEGE

Date: Apr 2, 2008
Title VII Protection for Employees Based on Interracial Associations: HOLCOMB v. IONA COLLEGE Introduction In the landmark case of Craig HOLCOMB v. IONA COLLEGE, the United States Court of Appeals...
Federal Rule 4(b) Non-Jurisdictional: Insights from United States v. Octa Frias

Federal Rule 4(b) Non-Jurisdictional: Insights from United States v. Octa Frias

Date: Apr 1, 2008
Federal Rule 4(b) Non-Jurisdictional: Insights from United States v. Octa Frias Introduction United States v. Octa Frias (521 F.3d 229, 2008) is a pivotal case adjudicated by the United States Court...
Second Circuit Limits 'Special Circumstances' Exception to First-Filed Rule in Declaratory Judgment Actions

Second Circuit Limits 'Special Circumstances' Exception to First-Filed Rule in Declaratory Judgment Actions

Date: Mar 28, 2008
Second Circuit Limits 'Special Circumstances' Exception to First-Filed Rule in Declaratory Judgment Actions Introduction The case of Employers Insurance of Wausau and National Casualty Company v. Fox...
Fair Housing Act: Clarifying Administrative Proceedings and Timely Filing in Disparate Treatment Claims

Fair Housing Act: Clarifying Administrative Proceedings and Timely Filing in Disparate Treatment Claims

Date: Mar 28, 2008
Fair Housing Act: Clarifying Administrative Proceedings and Timely Filing in Disparate Treatment Claims Introduction In the case of Yvette Boykin v. KeyCorp and Key Bank National Association, the...
Second Circuit Upholds Limitations on Adjustment of Status for Arriving Aliens in Removal Proceedings

Second Circuit Upholds Limitations on Adjustment of Status for Arriving Aliens in Removal Proceedings

Date: Mar 27, 2008
Second Circuit Upholds Limitations on Adjustment of Status for Arriving Aliens in Removal Proceedings Introduction The case of Ramon Brito v. Michael B. Mukasey, Attorney General addresses critical...
ADA Preemption Confirmed: Second Circuit Strikes Down New York Passenger Bill of Rights

ADA Preemption Confirmed: Second Circuit Strikes Down New York Passenger Bill of Rights

Date: Mar 26, 2008
ADA Preemption Confirmed: Second Circuit Strikes Down New York Passenger Bill of Rights Introduction In the landmark case of Air Transport Association of America, Inc. v. Andrew Cuomo, the United...
Divisibility of Statutes and Aggravated Felony Classification in James v. Mukasey

Divisibility of Statutes and Aggravated Felony Classification in James v. Mukasey

Date: Mar 26, 2008
Divisibility of Statutes and Aggravated Felony Classification in James v. Mukasey Introduction James v. Mukasey is a pivotal case adjudicated by the United States Court of Appeals for the Second...
Dismissal of Civil Rights Claims in Jackson v. Onondaga County: A Precedent on Summary Judgment Standards

Dismissal of Civil Rights Claims in Jackson v. Onondaga County: A Precedent on Summary Judgment Standards

Date: Mar 21, 2008
Dismissal of Civil Rights Claims in Jackson v. Onondaga County: A Precedent on Summary Judgment Standards Introduction In Constantine L. Jackson v. Onondaga County, 549 F. Supp. 2d 204 (2008), the...
Second Circuit Affirms RICO Dismissal Due to Insufficient Pattern of Racketeering Activity

Second Circuit Affirms RICO Dismissal Due to Insufficient Pattern of Racketeering Activity

Date: Mar 19, 2008
Second Circuit Affirms RICO Dismissal Due to Insufficient Pattern of Racketeering Activity Introduction The case of Roger Spool and Child Family Adoption et al. v. World Child International Adoption...
Affirmation of Conspiracy Convictions in McDonnell v. United States

Affirmation of Conspiracy Convictions in McDonnell v. United States

Date: Mar 18, 2008
Affirmation of Conspiracy Convictions in McDonnell v. United States Introduction The case of United States of America v. Anthony Blackshear, Dupree Harris, William Cobb, and Lindsey Ann McDonnell...
Affirmation of SSA's Burden of Proof in Disability Claims: An Analysis of Monette v. SSA

Affirmation of SSA's Burden of Proof in Disability Claims: An Analysis of Monette v. SSA

Date: Mar 15, 2008
Affirmation of SSA's Burden of Proof in Disability Claims: An Analysis of Monette v. SSA Introduction Robert K. Monette appealed the decision of the United States District Court for the Western...
Confidentiality Breach and Credibility Assessments in Asylum Proceedings: Analysis of Corovic v. Mukasey

Confidentiality Breach and Credibility Assessments in Asylum Proceedings: Analysis of Corovic v. Mukasey

Date: Mar 8, 2008
Confidentiality Breach and Credibility Assessments in Asylum Proceedings: Analysis of Corovic v. Mukasey Introduction The case of Safet Corovic, Vesmina Corovic, and Ilda Corovic v. Michael B....
Defining "Regular Seller" in New York Strict Products Liability: Insights from Jaramillo v. Weyerhaeuser Co.

Defining "Regular Seller" in New York Strict Products Liability: Insights from Jaramillo v. Weyerhaeuser Co.

Date: Mar 6, 2008
Defining "Regular Seller" in New York Strict Products Liability: Insights from Jaramillo v. Weyerhaeuser Co. Introduction In the landmark case of United States of Mario Miguel Jaramillo v....
Advisory Nature of Sentencing Guidelines Affirmed in United States v. Regalado

Advisory Nature of Sentencing Guidelines Affirmed in United States v. Regalado

Date: Mar 5, 2008
Advisory Nature of Sentencing Guidelines Affirmed in United States v. Regalado Introduction United States of America v. Jose Regalado, 518 F.3d 143 (2d Cir. 2008), is a pivotal case that delves into...
Establishing the Discovery Rule and Equitable Tolling in FTCA Medical Malpractice Claims: Insights from Valdez v. United States

Establishing the Discovery Rule and Equitable Tolling in FTCA Medical Malpractice Claims: Insights from Valdez v. United States

Date: Mar 1, 2008
Establishing the Discovery Rule and Equitable Tolling in FTCA Medical Malpractice Claims: Insights from Valdez v. United States Introduction The case of Elon Emani Valdez v. United States of America,...
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