2d Circuit Case Commentaries

Unauthorized Overtime as Compensable Work under FLSA Established in Chao v. Gotham Registry, Inc.

Date: Jan 25, 2008

Unauthorized Overtime as Compensable Work under FLSA Established in Chao v. Gotham Registry, Inc. Introduction The case of Elaine L. Chao, Secretary of Labor, Plaintiff-Appellant, v. Gotham Registry,...

Explicit Credibility Determinations in Immigration Appeals: Insights from Mohammad Zaman v. Mukasey

Date: Jan 24, 2008

Explicit Credibility Determinations in Immigration Appeals: Insights from Mohammad Zaman v. Mukasey Introduction The case of Mohammad Zaman v. Michael B. Mukasey, decided by the United States Court...

Exhaustion of Administrative Remedies Under IDEA Applies to ADA, Section 504, and §1983 Claims: CAVE v. EAST MEADOW UNION FREE SCHOOL DISTrict

Date: Jan 24, 2008

Exhaustion of Administrative Remedies Under IDEA Applies to ADA, Section 504, and §1983 Claims: CAVE v. EAST MEADOW UNION FREE SCHOOL DISTrict Introduction CAVE v. EAST MEADOW UNION FREE SCHOOL...

Salamon v. Our Lady of Victory Hospital: Redefining Employment Classification under Title VII

Date: Jan 17, 2008

Salamon v. Our Lady of Victory Hospital: Redefining Employment Classification under Title VII Introduction The case of Dr. Barbara E. Salamon v. Our Lady of Victory Hospital presents a significant...

In Custody for Habeas Corpus: The Ogunwomoju Decision

Date: Jan 8, 2008

In Custody for Habeas Corpus: The Ogunwomoju Decision Introduction The case of Adeniyi Ogunwomoju v. United States of America serves as a significant precedent in the realm of habeas corpus...

Procedural Bar to Sixth Amendment Claims in Federal Habeas Corpus: CLARK v. PEREZ

Date: Jan 4, 2008

Procedural Bar to Sixth Amendment Claims in Federal Habeas Corpus: CLARK v. PEREZ, 510 F.3d 382 (2d Cir. 2008) Introduction CLARK v. PEREZ, 510 F.3d 382 (2d Cir. 2008), is a pivotal case in the realm...

Second Circuit Affirms RICO Convictions and Validates Anonymous Jury Selection Procedures in Capital Cases

Date: Dec 29, 2007

Second Circuit Affirms RICO Convictions and Validates Anonymous Jury Selection Procedures in Capital Cases Introduction The case of UNITED STATES of America v. Alan Quinones et al. (511 F.3d 289)...

Reaffirming Fourth Amendment Protections Against Prolonged Investigative Detentions: Gilles v. Repicky

Date: Dec 22, 2007

Reaffirming Fourth Amendment Protections Against Prolonged Investigative Detentions: Gilles v. Repicky Introduction Marie Gilles, a business owner transporting shipping containers, filed a lawsuit...

Expressive Association and Due Process in Public Employment: Analysis of Piscottano v. Murphy

Date: Dec 22, 2007

Expressive Association and Due Process in Public Employment: Analysis of Piscottano v. Murphy Introduction In Piscottano, et al. v. Murphy, the United States Court of Appeals for the Second Circuit...

Waiver Scope Under New York Labor Law §740 in Whistleblower Claims: REDDINGTON v. STATEN ISLAND UNIVERSITY HOSPital Commentary

Date: Dec 15, 2007

Waiver Scope Under New York Labor Law §740 in Whistleblower Claims: REDDINGTON v. STATEN ISLAND UNIVERSITY HOSPital Introduction The case of Carmel REDDINGTON v. STATEN ISLAND UNIVERSITY HOSPital and...

Enhancing Sentencing Guidelines: Insights from United States v. Lin Guang and Shi Yong Wei

Date: Dec 14, 2007

Enhancing Sentencing Guidelines: Insights from United States v. Lin Guang and Shi Yong Wei Introduction The case of United States of America v. Lin Guang and Shi Yong Wei, adjudicated by the United...

Final Judgments Without Explicit Rulings on Rule 72(a) Objections Constitute Overruling in the Second Circuit

Date: Dec 13, 2007

Final Judgments Without Explicit Rulings on Rule 72(a) Objections Constitute Overruling in the Second Circuit Introduction In the case of Maria Fielding v. Jeffrey Tollaksen et al., heard by the...

Sun v. Board of Immigration Appeals: Adverse Credibility Findings in Withholding of Removal Claims

Date: Dec 13, 2007

Sun v. Board of Immigration Appeals: Adverse Credibility Findings in Withholding of Removal Claims Introduction Sun v. Board of Immigration Appeals (510 F.3d 377, 2d Cir. 2007) is a pivotal case...

Second Circuit Upholds Section 1915(g) Restrictions on In Forma Pauperis Status for Repeat Frivolous Prisoner Litigants

Date: Dec 7, 2007

Second Circuit Upholds Section 1915(g) Restrictions on In Forma Pauperis Status for Repeat Frivolous Prisoner Litigants Introduction The case of Wilfredo Polanco v. William J. Hopkins et al. presents...

Silge v. Merz: Upholding Rule 54(c) to Limit Default Judgments to Demand Clauses

Date: Dec 7, 2007

Silge v. Merz: Upholding Rule 54(c) to Limit Default Judgments to Demand Clauses Introduction The case of Christian B. Silge v. Anna B. Merz et al. addresses a pivotal issue in civil litigation...

Second Circuit Affirms Ganim: Broad Quid Pro Quo Suffices for Bribery and Extortion Convictions

Date: Dec 5, 2007

Second Circuit Affirms Ganim: Broad Quid Pro Quo Suffices for Bribery and Extortion Convictions Introduction In United States of America v. Joseph P. Ganim, 510 F.3d 134 (2d Cir. 2007), the United...

Inherent Implausibility in Asylum Claims: The Case of Wensheng Yan

Date: Dec 5, 2007

Inherent Implausibility in Asylum Claims: The Case of Wensheng Yan Introduction The case of Wensheng Yan v. Michael B. Mukasey is a pivotal decision by the United States Court of Appeals for the...

Equitable Tolling and Due Diligence in Immigration Proceedings: The Wang v. BIA Decision

Date: Nov 30, 2007

Equitable Tolling and Due Diligence in Immigration Proceedings: The Wang v. BIA Decision Introduction The case of Jian Hua Wang v. Board of Immigration Appeals (BIA), 508 F.3d 710 (2d Cir. 2007),...

Second Circuit Revises Hostile Work Environment and Retaliation Claims Standards under Title VII

Date: Nov 29, 2007

Second Circuit Revises Hostile Work Environment and Retaliation Claims Standards under Title VII Introduction In the landmark case of Eleanora M. Patane v. John Richard Clark, Harry B. Evans, David...

Affirming CBP's Authority in Intelligence-Driven Border Operations: Tabbaa v. Chertoff

Date: Nov 27, 2007

Affirming CBP's Authority in Intelligence-Driven Border Operations: Tabbaa v. Chertoff Introduction The landmark case of Tabbaa v. Chertoff addresses the delicate balance between national security...

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