2d Circuit Case Commentaries

Interpretation of 28 U.S.C. § 994(h) in Sentencing Career Offenders: Insights from United States v. Sanchez et al.

Date: Mar 1, 2008

Interpretation of 28 U.S.C. § 994(h) in Sentencing Career Offenders: Insights from United States v. Sanchez et al. Introduction In the landmark case of United States of America v. Alfonso Sanchez,...

Second Circuit Affirms Health Plan’s UCR Policy in WHCRA Claims: Krauss v. Oxford Health Plans

Date: Feb 27, 2008

Second Circuit Affirms Health Plan’s UCR Policy in WHCRA Claims: Krauss v. Oxford Health Plans Introduction The case of Daniel J. Krauss and Geri S. Krauss v. Oxford Health Plans, Inc. addresses...

Absolute Immunity of Law Enforcement Officers in Disciplinary Hearings: ROLON v. HENNEMAN and Moskowitz

Date: Feb 26, 2008

Absolute Immunity of Law Enforcement Officers in Disciplinary Hearings: ROLON v. HENNEMAN and Moskowitz Introduction ROLON v. HENNEMAN and Moskowitz is a seminal case decided by the United States...

Affirmation of ATS Limitations and Government-Contractor Defense in Agent Orange Case

Date: Feb 23, 2008

Affirmation of ATS Limitations and Government-Contractor Defense in Agent Orange Case Introduction The case titled VIETNAM ASSOCIATION FOR VICTIMS OF AGENT ORANGE v. Monsanto Co. and others, decided...

Affirmation of Government Contractor Defense in Agent Orange Litigation

Date: Feb 23, 2008

Affirmation of Government Contractor Defense in Agent Orange Litigation Introduction The case of J. Michael Twinam, Plaintiff-Appellant, v. Dow Chemical Company, et al., Defendants-Appellees revolves...

Expansion of the Federal Officer Removal Statute to Corporate Defendants: The Agent Orange Litigation Precedent

Date: Feb 23, 2008

Expansion of the Federal Officer Removal Statute to Corporate Defendants: The Agent Orange Litigation Precedent Introduction The litigation involving multiple plaintiffs-appellants against several...

Pro Se Litigants and Appellate Waiver in Non-Dispositive Matters: Insights from Caidor v. Onondaga County

Date: Feb 22, 2008

Pro Se Litigants and Appellate Waiver in Non-Dispositive Matters: Insights from Caidor v. Onondaga County Introduction In the case of Junet Caidor v. Onondaga County, decided by the United States...

Ximines v. George Wingate High School: Affirmation of Amendment Rights in ADEA Claims

Date: Feb 21, 2008

Ximines v. George Wingate High School: Affirmation of Amendment Rights in ADEA Claims Introduction Enid Ximines v. George Wingate High School and New York City Department of Education is a pivotal...

Limits of Bankruptcy Court Jurisdiction in Enjoining Independent Third-Party Claims: IN RE JOHNS-MANVILLE CORPoration

Date: Feb 16, 2008

Limits of Bankruptcy Court Jurisdiction in Enjoining Independent Third-Party Claims: IN RE JOHNS-MANVILLE CORPoration Introduction The case IN RE JOHNS-MANVILLE CORPoration, Debtor, decided by the...

Sentencing Reasonableness in Probation Violations: Insights from US v. Verkhoglyad

Date: Feb 15, 2008

Sentencing Reasonableness in Probation Violations: Insights from United States v. Verkhoglyad Introduction In United States of America v. Oleg Verkhoglyad, 516 F.3d 122 (2d Cir. 2008), the United...

Establishing Standards in Unlicensed Money Transmission and Managing Trial Publicity: A United States v. Elfgeeh Analysis

Date: Feb 15, 2008

Establishing Standards in Unlicensed Money Transmission and Managing Trial Publicity: A United States v. Elfgeeh Analysis Introduction United States v. Elfgeeh, 515 F.3d 100 (2d Cir. 2008), addresses...

Clarifying the 30-Day Dispute Period under FDCPA: Jacobson v. Healthcare Financial Services

Date: Feb 15, 2008

Clarifying the 30-Day Dispute Period under FDCPA: Jacobson v. Healthcare Financial Services Introduction In the landmark case of Gershon Jacobson v. Healthcare Financial Services, Inc., adjudicated...

Setting Aside Default Judgment due to Inadvertent Neglect: Pall Corporation v. Entegris, Inc.

Date: Feb 14, 2008

Setting Aside Default Judgment due to Inadvertent Neglect: Pall Corporation v. Entegris, Inc. Introduction Pall Corporation filed a patent infringement lawsuit against Entegris, Inc. on May 4, 2007,...

Ensuring Effective Communication Under the ADA: The Camarillo v. Carrols Corporation Decision

Date: Feb 9, 2008

Ensuring Effective Communication Under the ADA: The Camarillo v. Carrols Corporation Decision Introduction In the landmark case Alice Camarillo v. Carrols Corporation et al., decided by the United...

Clarification of Arbitration Awards: Rich v. Spartis Establishes Precedent for Judicial Review

Date: Feb 9, 2008

Clarification of Arbitration Awards: Rich v. Spartis Establishes Precedent for Judicial Review Introduction The case of Elizabeth H. Rich and Donald Rich v. Phillip L. Spartis, Amy Jean Elias, and...

Defining the Scope of Protected Speech for Public Employees: Insights from Ruotolo v. City of New York

Date: Feb 7, 2008

Defining the Scope of Protected Speech for Public Employees: Insights from Ruotolo v. City of New York Introduction Ruotolo v. City of New York, 514 F.3d 184 (2d Cir. 2008), addresses critical...

Affirmation of Public Use in Eminent Domain: GOLDSTEIN v. PATAKI

Date: Feb 2, 2008

Affirmation of Public Use in Eminent Domain: GOLDSTEIN v. PATAKI Introduction GOLDSTEIN v. PATAKI, 516 F.3d 50 (2d Cir. 2008), is a pivotal case addressing the limits of eminent domain under the...

Clarification on Waiver Provision under the Speedy Trial Act: United States v. Abad

Date: Jan 31, 2008

Clarification on Waiver Provision under the Speedy Trial Act: United States v. Abad Introduction In United States v. Freddy Abad, 514 F.3d 271 (2d Cir. 2008), the United States Court of Appeals for...

De La Vega Reinforced: Scope of Appellate Review in Cancellation of Removal Denials – Barco-Sandoval v. Gonzales

Date: Jan 26, 2008

De La Vega Reinforced: Scope of Appellate Review in Cancellation of Removal Denials – Barco-Sandoval v. Gonzales Introduction In the landmark case of Byron Barco-Sandoval v. Alberto Gonzales, decided...

Equitable Tolling of AEDPA Limitations Period: Insights from Diaz v. Kelly et al.

Date: Jan 26, 2008

Equitable Tolling of AEDPA Limitations Period: Insights from Diaz v. Kelly et al. Introduction The landmark case Angel Diaz, Petitioner-Appellant, v. Walter Kelly, Superintendent of Attica...

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