SLUSA Preclusion Confirmed in Class Actions Involving Retirement Securities Investments Introduction In the landmark decision of Romano et al. v. Kazacos, et al., the United States Court of Appeals...
Hostile Work Environment and Retaliation under Title VII: Second Circuit Decision in Kaytor v. Electric Boat Introduction The case of Sharon Kaytor v. Electric Boat Corporation (609 F.3d 537) was...
Limits of Impeachment by Contradiction and Harmless Error in Drug Trafficking Conspiracies Introduction The case of United States of America v. Arcadio Ramirez, José Luis Rodriguez, and Alex Luna...
Clarifying the Prima Facie Discrimination Framework Under Title VII: Insights from Ruiz v. Rockland County Introduction In the landmark case of Jorge Ruiz v. County of Rockland and Mary Ann...
Second Circuit Establishes Conflict of Interest Standards for ERISA Funds Under 29 U.S.C. § 186(c)(5) Introduction In the landmark case Bejaze Durakovic v. Building Service 32 BJ Pension Fund, the...
Limitations on Defendant Class Certification Under Federal Rule of Civil Procedure 23(b)(2): Insights from Michael Brown v. NYPD Introduction The case of Michael Brown, on behalf of himself and...
Reconstitution of Arbitration Panels Following Arbitrator Resignation: INA v. PSMIC Introduction The case of Insurance Company of North America (INA) v. Public Service Mutual Insurance Company...
Limitation of FDCPA on Garnishing Midstream E-Transfers in Intermediary Banks: Export-Import Bank v Asia Pulp Paper Company Introduction The case of Export-Import Bank of the United States v. Asia...
TRIA § 201(a) Establishes Independent Jurisdiction for Execution Against State Instrumentalities Introduction The case of Weinstein v. Islamic Republic of Iran, 609 F.3d 43 (2d Cir. 2010), represents...
Situs of Injury in Copyright Infringement Cases Under N.Y. C.P.L.R. § 302(a)(3)(ii) Introduction The case of Penguin Group (USA) Inc. v. American Buddha (609 F.3d 30) presents a pivotal question in...
Affirmation of Summary Judgment in McGullam v. Cedar Graphics: Implications for Title VII Hostile Work Environment Claims Introduction McGullam v. Cedar Graphics, Inc., 609 F.3d 70 (2d Cir. 2010),...
Mandamus Relief Strengthens Law Enforcement Privilege Standards Introduction The case of In re THE CITY OF NEW YORK Hacer Dinler, et al., Michael Schiller, et al., Deirdre Macnamara, et al. v. The...
Remand in Disability Claims: Admitting New Medical Evidence for Mental Health Diagnoses in Roat v. Barnhart Introduction In James Roat v. Jo Anne B. Barnhart, Commissioner of Social Security (717 F....
Rescission of Fidelity Bonds for Material Misrepresentation under FDIC Receivership: Federal Deposit Insurance Corporation v. Great American Insurance Company Introduction The case of Federal Deposit...
No Constitutionally Protected Property Interest in Police Investigations: Harrington v. County of Suffolk Introduction The case of Harrington v. County of Suffolk addresses whether citizens of...
Enforceability of Online Arbitration Agreements: Affirmation in Hines v. Overstock.com, Inc. Introduction The case of Cynthia HINES, on behalf of herself and others similarly situated,...
Application of PLRA's Three Strikes Rule to Released Prisoners: Harris v. City of New York Introduction Harris v. City of New York, 607 F.3d 18 (2d Cir. 2010), is a pivotal case that examines the...
Supremacy of Notwithstanding Clauses Over Limited Recourse Provisions in Indenture Agreements: Second Circuit's Decision in BNY v. FDIC Introduction The case of The Bank of New York (BNY) v. Federal...
Aggregate Damages in Class Actions: Insights from Sil v. a SEIJAS et al. v. The Republic of Argentina Introduction Sil v. a SEIJAS et al. v. The Republic of Argentina, 606 F.3d 53 (2nd Cir. 2010), is...
Residual Functional Capacity in Disability Claims: Genier v. Astrue Introduction In the case of Genier v. Astrue, decided by the United States Court of Appeals for the Second Circuit on May 27, 2010,...