2d Circuit Case Commentaries

Second Circuit Affirms Dismissal of Equal Protection Claims Against New York’s Felon Disenfranchisement Laws

Date: Jan 29, 2010

Second Circuit Affirms Dismissal of Equal Protection Claims Against New York’s Felon Disenfranchisement Laws Introduction In Hayden v. Paterson, the United States Court of Appeals for the Second...

Substantial Compliance with Mississippi Tort Claims Act Suffices to Establish Diversity Jurisdiction: Bounds v. Pine Belt Mental Health Care Resources

Date: Jan 28, 2010

Substantial Compliance with Mississippi Tort Claims Act Suffices to Establish Diversity Jurisdiction: Bounds v. Pine Belt Mental Health Care Resources Introduction Bounds v. Pine Belt Mental Health...

First Amendment Protections for Public Employees: Insights from Weintraub v. Board of Education

Date: Jan 28, 2010

First Amendment Protections for Public Employees: Insights from Weintraub v. Board of Education Introduction Weintraub v. Board of Education of the City School District of the City of New York, 593...

Enhanced Disclosure Requirements Under Form N-1A: Implications from In re Morgan Stanley Sec. Litigation

Date: Jan 26, 2010

Enhanced Disclosure Requirements Under Form N-1A: Implications from In re Morgan Stanley Securities Litigation Introduction The case of In re Morgan Stanley Information Fund Securities Litigation...

Preemption of State Law Claims in Holocaust-Era Insurance Cases: Insights from IN RE ASSICURAZIONI GENERALI S.P.A. v. Weiss et al.

Date: Jan 16, 2010

Preemption of State Law Claims in Holocaust-Era Insurance Cases: Insights from IN RE ASSICURAZIONI GENERALI S.P.A. v. Weiss et al. Introduction The case of In re Assicurazioni Generali, S.p.A., Dr....

Affirming Substantial Evidence in Disability Benefits Denial: Mancuso v. Astrue

Date: Jan 15, 2010

Affirming Substantial Evidence in Disability Benefits Denial: Mancuso v. Astrue Introduction Yvette Mancuso appealed the decision of the Commissioner of Social Security, Michael J. Astrue, who denied...

Expansion of Arbitrator’s Authority Under ICDR Article 30(1): T.CO Metals v. Dempsey Pipe Supply

Date: Jan 15, 2010

Expansion of Arbitrator’s Authority Under ICDR Article 30(1): T.CO Metals v. Dempsey Pipe Supply Introduction The case of T.CO Metals, LLC v. Dempsey Pipe Supply, Inc., decided by the United States...

Establishing Plausibility of Antitrust Conspiracy Claims Under Twombly: Insights from Ke v. n STARR et al.

Date: Jan 14, 2010

Establishing Plausibility of Antitrust Conspiracy Claims Under Twombly: Insights from Ke v. n STARR et al. 1. Introduction Ke v. n STARR, Matt Putman, Cindy Seley, on behalf of herself and all others...

Overshadowing Validation Notices Under FDCPA: Ellis v. Solomon and Solomon, P.C.

Date: Jan 14, 2010

Overshadowing Validation Notices Under FDCPA: Ellis v. Solomon and Solomon, P.C. Introduction In the landmark case of Janet Ellis v. Solomon and Solomon, P.C., adjudicated by the United States Court...

Reiseck v. Universal Communications: Defining the Administrative Exemption Under the FLSA

Date: Jan 12, 2010

Reiseck v. Universal Communications: Defining the Administrative Exemption Under the FLSA Introduction Reiseck v. Universal Communications of Miami, Inc. (591 F.3d 101, Second Circuit, 2010) is a...

Second Circuit Reinforces Evidentiary Standards for Rule 11 Sanctions: Kiobel v. Millson

Date: Jan 9, 2010

Second Circuit Reinforces Evidentiary Standards for Rule 11 Sanctions: Kiobel v. Millson Introduction In the landmark case Kiobel v. Millson, the United States Court of Appeals for the Second Circuit...

Issuance of Pre-Arraignment Summons Without Restrictive Conditions Does Not Constitute a Fourth Amendment Seizure

Date: Jan 8, 2010

Issuance of Pre-Arraignment Summons Without Restrictive Conditions Does Not Constitute a Fourth Amendment Seizure Introduction In the landmark case of Judith A. Burg v. Colleen Gosselin, adjudicated...

Interpreting 'Punishable by Death' in RICO Murder Cases: Implications for Statute of Limitations

Date: Jan 6, 2010

Interpreting 'Punishable by Death' in RICO Murder Cases: Implications for Statute of Limitations Introduction In the case of United States of America v. Adrian Payne, the United States Court of...

Second Circuit Reaffirms Entitlement to Non-Pecuniary Damages in Default Judgments

Date: Jan 5, 2010

Second Circuit Reaffirms Entitlement to Non-Pecuniary Damages in Default Judgments Comprehensive Commentary on Walter House and Debra House v. Kent Worldwide Machine Works, Inc., 359 F. App'x 206 (2d...

Cornejo v. Dually: Establishing Immunity Standards for Child Protective Services Personnel

Date: Jan 5, 2010

Cornejo v. Dually: Establishing Immunity Standards for Child Protective Services Personnel Introduction The case of Cornejo v. Dually (592 F.3d 121) presents a pivotal examination of the immunity...

Second Circuit Affirms Glomar Doctrine Application to FOIA Requests for Public Intelligence Programs

Date: Dec 31, 2009

Second Circuit Affirms Glomar Doctrine Application to FOIA Requests for Public Intelligence Programs Introduction In the landmark case of Wilner et al. v. National Security Agency and Department of...

Affirmation of SSA's Denial of Disability Benefits in Calabrese v. Astrue

Date: Dec 24, 2009

Affirmation of SSA's Denial of Disability Benefits in Calabrese v. Astrue Introduction In the case of Darlene Hanselman Calabrese v. Michael J. Astrue, Commissioner of Social Security, the United...

Defrauding the United States: Upholding Judicial Integrity in Terrorism-Related Cases

Date: Dec 24, 2009

Defrauding the United States: Upholding Judicial Integrity in Terrorism-Related Cases Introduction The case of United States of America v. Lynne Stewart, Mohammed Yousry, Ahmed Abdel Sattar (590 F.3d...

Fulton v. Goord: Expanding ADA and Rehabilitation Act Protections in Correctional Visitation Programs

Date: Dec 23, 2009

Fulton v. Goord: Expanding ADA and Rehabilitation Act Protections in Correctional Visitation Programs Introduction The case of Eunice Fulton v. Commissioner Glen S. Goord, Department of Correctional...

Second Circuit Upholds Twombly/Iqbal Pleading Standards in Prolonged Immigration Detention Claims

Date: Dec 19, 2009

Second Circuit Upholds Twombly/Iqbal Pleading Standards in Prolonged Immigration Detention Claims Introduction In the case of Ibrahim Turkmen, Asif-Ur-Rehman Saffi, Syed Amjad Ali Jaffri, Akil...