2d Circuit Case Commentaries

Special Needs Doctrine Validates NYPD's Breathalyzer Requirements for Officers After Weapon Discharge

Date: Dec 12, 2009

Special Needs Doctrine Validates NYPD's Breathalyzer Requirements for Officers After Weapon Discharge Introduction The case of Patrolmen's Benevolent Association v. City of New York addressed a...

Amtrak v. United Transportation Union: Judicial Review Under the Railway Labor Act

Date: Dec 10, 2009

Amtrak v. United Transportation Union: Judicial Review Under the Railway Labor Act Introduction In the landmark case United Transportation Union and Carmen J. Famulare v. National Railroad Passenger...

Second Circuit Establishes Clarification on Settlement Agreements in Class Actions

Date: Dec 9, 2009

Second Circuit Establishes Clarification on Settlement Agreements in Class Actions Introduction In the landmark case of People United for Children, Inc. v. City of New York, the United States Court...

Clarifying Aggravated Felony Removability: Subsection U’s Distinct Role and Due Process Protections in INA

Date: Dec 9, 2009

Clarifying Aggravated Felony Removability: Subsection U’s Distinct Role and Due Process Protections in INA Introduction The case of Frantzcia Pierre v. Eric H. Holder, Jr. represents a pivotal moment...

Refining Dilution Standards: Insights from Starbucks Corp. v. Wolfe's Borough Coffee

Date: Dec 4, 2009

Refining Dilution Standards: Insights from Starbucks Corp. v. Wolfe's Borough Coffee Introduction In the landmark case Starbucks Corporation v. Wolfe's Borough Coffee, Inc., the United States Court...

Aiding and Abetting Under Securities Laws: Insights from SEC v. DiBella and NCV

Date: Nov 26, 2009

Aiding and Abetting Under Securities Laws: Insights from SEC v. DiBella and NCV Introduction SEC v. DiBella and NCV is a landmark case adjudicated by the United States Court of Appeals for the Second...

Defining Boundaries of Equitable Tolling under AEDPA: Insights from Saunders v. Senkowski

Date: Nov 25, 2009

Defining Boundaries of Equitable Tolling under AEDPA: Insights from Saunders v. Senkowski Introduction Nathan Saunders v. Daniel Senkowski, 587 F.3d 543 (2d Cir. 2009), addresses critical issues...

Second Circuit Upholds BIA's Chevron-Defended Interpretation of Penalty Statute, Confirming Carrier Liability Despite Post-Arrival Waivers in United Airlines, Air India, and Finnair Cases

Date: Nov 21, 2009

Second Circuit Upholds BIA's Chevron-Defended Interpretation of Penalty Statute, Confirming Carrier Liability Despite Post-Arrival Waivers in United Airlines, Air India, and Finnair Cases...

Enhancing the Burden of Proof in First Amendment Retaliation Claims under Section 1983: Pavone v. Cortlandt

Date: Nov 20, 2009

Enhancing the Burden of Proof in First Amendment Retaliation Claims under Section 1983: Pavone v. Cortlandt Introduction Pavone v. Cortlandt, 353 F. App'x 622 (2d Cir. 2009), presents a significant...

Establishing Prosecutorial Absolute Immunity in Post-Conviction Proceedings: Warney v. Monroe County

Date: Nov 14, 2009

Establishing Prosecutorial Absolute Immunity in Post-Conviction Proceedings: Warney v. Monroe County Introduction The case of Douglas Warney v. Monroe County addresses profound questions regarding...

Second Circuit Affirms Denial of §2255 Motion for Ineffective Assistance of Counsel: Criteria for Evidentiary Hearings

Date: Nov 14, 2009

Second Circuit Affirms Denial of §2255 Motion for Ineffective Assistance of Counsel: Criteria for Evidentiary Hearings Introduction In the case of Frederick PUGLISI v. UNITED STATES of America, 586...

Strict Educational Threshold for FLSA Professional Exemption Reinforced in Young v. Cooper Cameron

Date: Nov 13, 2009

Strict Educational Threshold for FLSA Professional Exemption Reinforced in Young v. Cooper Cameron Introduction The landmark decision in Andrew Young v. Cooper Cameron Corporation, reported in 586...

Enhancing the "Substantive Connection" Standard under 21 U.S.C. § 848(e)(1)(A)

Date: Nov 6, 2009

Enhancing the "Substantive Connection" Standard under 21 U.S.C. § 848(e)(1)(A) Introduction In United States v. Caraballo, the United States Court of Appeals for the Second Circuit addressed...

Reassessing Excess Insurance Liability: Second Circuit Vacates Summary Judgment in Mutual Marine v. General Star

Date: Nov 6, 2009

Reassessing Excess Insurance Liability: Second Circuit Vacates Summary Judgment in Mutual Marine v. General Star Introduction The legal landscape of excess insurance liability was significantly...

Affirmation of Dismissal in Maher Arar Case: Limiting Bivens Remedies in Extraordinary Rendition Contexts

Date: Nov 3, 2009

Affirmation of Dismissal in Maher Arar Case: Limiting Bivens Remedies in Extraordinary Rendition Contexts Introduction Maher ARAR v. ASHCROFT is a significant case decided by the United States Court...

Affirming the Reliability of Credible Fear Interviews in Credibility Assessments: In Re Zhang (2009)

Date: Oct 31, 2009

Affirming the Reliability of Credible Fear Interviews in Credibility Assessments: In Re Zhang (2009) Introduction In the landmark case of In Re Zhang, 585 F.3d 715 (2d Cir. 2009), the United States...

Judicial and Quasi-Judicial Immunity in Conservatorship Proceedings: Insights from Gross v. Rell

Date: Oct 28, 2009

Judicial and Quasi-Judicial Immunity in Conservatorship Proceedings: Insights from Gross v. Rell Introduction The case Daniel Gross, Plaintiff, Carolyn Dee King, Plaintiff-Appellant, v. M. Jodi Rell,...

Binding Forum Selection Clauses on Non-Signatories Under Successorship Doctrine

Date: Oct 24, 2009

Binding Forum Selection Clauses on Non-Signatories Under Successorship Doctrine Introduction The litigation between Aguas Lenders Recovery Group LLC (“ALRG”) and Agua y Saneamientos Argentinos, S.A....

Non-Renewal of Employment Contracts Constitutes Adverse Employment Action under Title VII and ADEA: Insights from LEIBOWITZ v. CORNELL UNIVERSITY

Date: Oct 24, 2009

Non-Renewal of Employment Contracts Constitutes Adverse Employment Action under Title VII and the ADEA: Insights from LEIBOWITZ v. CORNELL UNIVERSITY Introduction LEIBOWITZ v. CORNELL UNIVERSITY is a...

Rooker-Feldman Doctrine Not Applicable to Interlocutory State Court Orders: Sharice Green Case Analysis

Date: Oct 22, 2009

Rooker-Feldman Doctrine Not Applicable to Interlocutory State Court Orders: Sharice Green Case Analysis Introduction In the landmark case of Sharice Green v. Dually and on behalf of her minor child...