Bierenbaum v. Graham: Affirmation of Sixth Amendment Rights in Habeas Corpus Proceedings Introduction Robert Bierenbaum was convicted of second-degree murder for the disappearance and presumed death...
Sovereign Immunity and Appropriations Clause Render Grant Reallocation Claims Moot Introduction The case of County of Nassau, N.Y. v. HHS et al. addresses the complex interplay between sovereign...
Affirmation of State and Judicial Immunity in § 1983 Claims: Ke v. McKeown Introduction Ke v. McKeown, decided by the United States Court of Appeals for the Second Circuit on May 18, 2010, addresses...
Safe Harbor Protections under PSLRA: Insights from Slayton v. American Express Co. Introduction Slayton v. American Express Company (2010) is a pivotal case in the realm of securities litigation,...
Affirmation of Dismissal in Duty of Fair Representation Claims: Vaughn v. Air Line Pilots Association, International Introduction In Vaughn v. Air Line Pilots Association, International, the United...
Failure to Investigate Discrimination Complaints Not Adverse Employment Action for Retaliation Claims: Fincher v. DTCC Introduction In Fincher v. Depository Trust and Clearing Corporation (DTCC), 604...
Second Circuit Upholds NYC Anti-Impersonation Statute §14-107 in Operation Stinking Badges Case Introduction In the case of Lateif Dickerson, indi v. Dully and others, the United States Court of...
Individual Liability under ADA Retaliation: Spiegel v. Schulmann Establishes New Precedent Introduction In the landmark case of Elliot SPIEGEL and Jonathan Schatzberg v. Daniel "Tiger" Schulmann and...
Second Circuit Clarifies Preliminary Injunction Standards in Copyright Infringement Cases Introduction In the landmark case of Colleen M. Salinger and Matthew R. Salinger, as Trustees of the J.D....
Balancing Anonymity and Copyright Enforcement: Insights from Arista Records LLC v. Doe 3 Introduction In Arista Records LLC et al. v. Doe 3, decided on April 29, 2010, by the United States Court of...
Expansion of Direct Action Rights under N.Y. Ins. Law § 3420(a): Continental Ins. Co. v. Atlantic Cas. Ins. Co. Introduction The case of Continental Insurance Company v. Atlantic Casualty Insurance...
Attribution Requirement for Secondary Actors under Rule 10b-5: Pacific Investment Management Co. v. stment Management Series Introduction The case of Pacific Investment Management Company LLC and RH...
Per-Compilation Statutory Damages Affirmed in Bryant v. Media Right Productions Introduction In Bryant v. Media Right Productions, Inc., the United States Court of Appeals for the Second Circuit...
Pro Se Representation Permitted for Estate Administrators as Sole Beneficiaries: Analysis of Guest v. Hansen Introduction The case of Stephen M. Guest, as Administrator of the Estate of Kristine B....
Second Circuit Clarifies the Enforceability of Seamen's Arbitration Agreements under FELA and the FAA Introduction In the landmark case of Frederick J. Harrington, Jr. v. Atlantic Sounding Co., Inc.,...
Denying Collateral Order Status to Denials of Reconsideration in Qualified Immunity Claims: Lora v. Perez Analysis Introduction In Iesha Lora v. Captain O'Heaney et al., the United States Court of...
ROSARIO v. ERCOLE: Determining the Compatibility of New York's Ineffective Assistance of Counsel Standard with Federal Habeas Corpus Requirements Introduction ROSARIO v. ERCOLE, adjudicated by the...
Second Circuit Limits Scope of Bankruptcy Sanctions under §524(a)(2) and §1141 to Pre-Confirmation Claim Holders Introduction The appellate decision in In Re: Peter S. Kalikow and Kalikow Real Estate...
Peter F. Gaito Architecture v. Simone Development Corp.: Substantial Similarity Assessed at Motion to Dismiss Stage Introduction In the case of PETER F. GAITO ARCHITECTURE, LLC, doing business as...
FCA Jurisdictional Bar and FOIA: A New Precedent from the Second Circuit Introduction In the landmark case of United States of America ex rel. Daniel Kirk v. Schindler Elevator Corporation, decided...