2d Circuit Case Commentaries

Reevaluation of Evidentiary Rulings in BELL v. ERCOLE: A Second Circuit Analysis

Date: Mar 5, 2010

Reevaluation of Evidentiary Rulings in BELL v. ERCOLE: A Second Circuit Analysis Introduction George Bell, the petitioner-appellant, appealed a decision from the United States District Court for the...

Application of NY UCC § 4-A-505: Statute of Repose in Electronic Funds Transfer Fraud Cases

Date: Mar 3, 2010

Application of NY UCC § 4-A-505: Statute of Repose in Electronic Funds Transfer Fraud Cases Introduction The case of Youxin Ma v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (597 F.3d 84) revolves...

Establishing Political Opposition in Asylum Claims: Rodas v. Holder

Date: Mar 3, 2010

Establishing Political Opposition in Asylum Claims: Rodas v. Holder Introduction The case of Milton Ronaldo Rodas Castro and Maria Luisa Carranza-Fuentes v. Eric H. Holder, Jr. presents a pivotal...

Affirmation of CPIUN as Self-Executing and Reaffirmation of United Nations' Absolute Immunity in US Courts: BRZAK v. UNITED NATIONS

Date: Mar 3, 2010

Affirmation of CPIUN as Self-Executing and Reaffirmation of United Nations' Absolute Immunity in US Courts: BRZAK v. UNITED NATIONS Introduction The case Cynthia Brzak and Nasr Ishak v. United...

Reversing Improper Inmate Classification: Due Process in Sexual Offender Designation

Date: Mar 3, 2010

Reversing Improper Inmate Classification: Due Process in Sexual Offender Designation Introduction The case of Joe Burgos VEGA v. Theresa LANTZ, Jack Tokarz, Frederick Levesque (596 F.3d 77) addressed...

Niagara Mohawk Power Corp. v. Chevron U.S.A., Inc.: Establishing State Settlements as Basis for Contribution under CERCLA §113(f)(3)(B)

Date: Feb 25, 2010

Niagara Mohawk Power Corp. v. Chevron U.S.A., Inc.: Establishing State Settlements as Basis for Contribution under CERCLA §113(f)(3)(B) Introduction In the landmark case Niagara Mohawk Power...

Interpretation of "Common Stock" in Convertible Note Indentures: LAW Debenture Trust Co. v. Maverick Tube Corp. and Tenaris S.A.

Date: Feb 20, 2010

Interpretation of "Common Stock" in Convertible Note Indentures: LAW Debenture Trust Co. v. Maverick Tube Corp. and Tenaris S.A. Introduction The case of LAW Debenture Trust Co. of New York v....

Establishing Genuine Issues of Fact in Workplace Discrimination: Insights from Gorzynski v. JetBlue

Date: Feb 20, 2010

Establishing Genuine Issues of Fact in Workplace Discrimination: Insights from Gorzynski v. JetBlue Introduction Diane Gorzynski v. JetBlue Airways Corporation, 596 F.3d 93 (2d Cir. 2010), represents...

Second Circuit Reaffirms Ethical Standards for Attorney Fee-Splitting in Infant Compromise Hearings

Date: Feb 19, 2010

Second Circuit Reaffirms Ethical Standards for Attorney Fee-Splitting in Infant Compromise Hearings Introduction The case of Wagner Wagner, LLP, Daniel J. Baurkot, Esq., Non-Party-Appellants v....

Judicial Estoppel and ADA Claims: A Comprehensive Analysis of DeRosa v. National Envelope Corporation

Date: Feb 18, 2010

Judicial Estoppel and ADA Claims: A Comprehensive Analysis of DeRosa v. National Envelope Corporation Introduction DeRosa v. National Envelope Corporation is a pivotal case adjudicated by the United...

Enforcement of Modified Arbitration Agreements in Employment Discrimination Cases: RAGONE v. ATLANTIC VIDEO and ESPN

Date: Feb 18, 2010

Enforcement of Modified Arbitration Agreements in Employment Discrimination Cases: RAGONE v. ATLANTIC VIDEO and ESPN Introduction The case of Rita RAGONE v. ATLANTIC VIDEO at the Manhattan Center...

Affirmation of Modified Lodestar Method for Attorney's Fees in Common Fund Class Actions: McDaniel and Davies v. Schenectady County

Date: Feb 17, 2010

Affirmation of Modified Lodestar Method for Attorney's Fees in Common Fund Class Actions: McDaniel and Davies v. Schenectady County Introduction The case of Nichole Marie McDaniel and Lessie Lee...

Local 649 v. Smith Barney: Reinforcing Materiality in Securities Fraud through Fee Allocation Disclosures

Date: Feb 17, 2010

Local 649 v. Smith Barney: Reinforcing Materiality in Securities Fraud through Fee Allocation Disclosures Introduction In Operating Local 649 Annuity Trust Fund v. Smith Barney Fund Management LLC,...

Zabala v. ASTRUE: Upholding the Treating Physician Rule and Substantial Evidence Standard in SSI Disability Determinations

Date: Feb 12, 2010

Zabala v. ASTRUE: Upholding the Treating Physician Rule and Substantial Evidence Standard in SSI Disability Determinations Introduction Gloria Zabala filed a petition for Supplemental Security Income...

Establishing Precedent on Employment Classification under NY Labor Law §191-c and Service of Process: DeLuca v. AccessIT Group

Date: Feb 10, 2010

Establishing Precedent on Employment Classification under NY Labor Law §191-c and Service of Process: DeLuca v. AccessIT Group Introduction The case of Jeremy F. DeLuca v. AccessIT Group, Inc. (695...

BOLMER v. OLIVEIRA: Establishing Rigorous Standards for Involuntary Commitment under Substantive Due Process

Date: Feb 9, 2010

BOLMER v. OLIVEIRA: Establishing Rigorous Standards for Involuntary Commitment under Substantive Due Process Introduction In BOLMER v. OLIVEIRA, the United States Court of Appeals for the Second...

Clear Channel Outdoor, Inc. v. City of New York: Upholding Zoning Restrictions on Outdoor Advertising under First Amendment

Date: Feb 4, 2010

Clear Channel Outdoor, Inc. v. City of New York: Upholding Zoning Restrictions on Outdoor Advertising under First Amendment Introduction The case of Clear Channel Outdoor, Inc., et al. v. City of New...

Broadening Anti-Retaliation Protections under Title VII: Insights from Hicks v. Baines

Date: Feb 3, 2010

Broadening Anti-Retaliation Protections under Title VII: Insights from Hicks v. Baines Introduction Hicks v. Baines, 593 F.3d 159 (2d Cir. 2010), marks a significant development in the interpretation...

Mental Illness as Grounds for Equitable Tolling Under AEDPA: Insights from Bolarinwa v. Williams

Date: Jan 29, 2010

Mental Illness as Grounds for Equitable Tolling Under AEDPA: Insights from Bolarinwa v. Williams Introduction The case of Senora L. Bolarinwa v. Elizabeth Williams serves as a pivotal legal precedent...

Unconstitutionally Vague Prison Regulations: FARID v. ELLEN Establishes Clear Legal Standards

Date: Jan 29, 2010

Unconstitutionally Vague Prison Regulations: FARID v. ELLEN Establishes Clear Legal Standards Introduction FARID v. ELLEN, adjudicated by the United States Court of Appeals for the Second Circuit on...