2d Circuit Case Commentaries

Admissibility and Harmlessness of Prior Convictions Under Federal Rule of Evidence 404(b): Insights from United States v. McCallum Jr.

Date: Oct 20, 2009

Admissibility and Harmlessness of Prior Convictions Under Federal Rule of Evidence 404(b): Insights from United States v. McCallum Jr. Introduction United States v. John McCallum, Jr., 584 F.3d 471...

Overturning Winter Storm: Second Circuit Limits Admiralty Rule B Attachments on EFTs

Date: Oct 17, 2009

Overturning Winter Storm: Second Circuit Limits Admiralty Rule B Attachments on EFTs Introduction In the landmark case The Shipping Corporation of India Ltd. v. Jaldhi Overseas Pte Ltd. (585 F.3d...

Establishing Antitrust Standing for Direct Purchasers in Patent Fraud Cases

Date: Oct 17, 2009

Establishing Antitrust Standing for Direct Purchasers in Patent Fraud Cases Introduction The case of Meijer, Inc., Meijer Distribution, Inc., on behalf of themselves and all others similarly...

Establishing Standing in Dormant Commerce Clause Challenges: SELEVAN v. NEW YORK THRUWAY AUTHORITY

Date: Oct 16, 2009

Establishing Standing in Dormant Commerce Clause Challenges: SELEVAN v. NEW YORK THRUWAY AUTHORITY Introduction In the landmark case of SELEVAN v. NEW YORK THRUWAY AUTHORITY, the United States Court...

Reconciling Special Verdicts and Qualified Immunity: A Comprehensive Analysis of ACZEL v. LABONIA

Date: Oct 10, 2009

Reconciling Special Verdicts and Qualified Immunity: A Comprehensive Analysis of ACZEL v. LABONIA Introduction The case of John Aczel v. Leonard Labonia and Ethan Mable, decided by the United States...

Clarifying School Placement Requirements Under IDEA: Insights from T.Y. v. New York City Department of Education

Date: Oct 10, 2009

Clarifying School Placement Requirements Under IDEA: Insights from T.Y. v. New York City Department of Education Introduction In T.Y., K.Y., on behalf of T.Y., Plaintiffs-Appellants, v. New York City...

Enforcement of Arbitral Awards and Apparent Authority: Insights from Telenor v. Storm

Date: Oct 9, 2009

Enforcement of Arbitral Awards and Apparent Authority: Insights from Telenor v. Storm Introduction TELENOR MOBILE COMMUNICATIONS AS v. STORM LLC is a pivotal case adjudicated by the United States...

Strengthening Standards for Deliberate Indifference and Associational Discrimination Claims under the Rehabilitation Act: Loeffler v. Staten Island University Hospital

Date: Oct 7, 2009

Strengthening Standards for Deliberate Indifference and Associational Discrimination Claims under the Rehabilitation Act: Loeffler v. Staten Island University Hospital Introduction Loeffler v. Staten...

Second Circuit Affirms FCRA Preemption of State Common-Law Claims in Mortgage Trigger Leads

Date: Oct 6, 2009

Second Circuit Affirms FCRA Preemption of State Common-Law Claims in Mortgage Trigger Leads Introduction In Premium Mortgage Corp. v. Equifax, Inc., the United States Court of Appeals for the Second...

Establishing De Novo Resentencing in Partial Conviction Reversals: United States v. Rigas

Date: Oct 6, 2009

Establishing De Novo Resentencing in Partial Conviction Reversals: United States v. Rigas Introduction United States v. John J. Rigas and Timothy J. Rigas (583 F.3d 108) is a seminal case adjudicated...

Failure to Demonstrate Reasonable Accommodation: Second Circuit Affirms Summary Judgment in McBride v. BIC

Date: Oct 6, 2009

Failure to Demonstrate Reasonable Accommodation: Second Circuit Affirms Summary Judgment in McBride v. BIC Introduction In the case of Sandra McBride v. BIC Consumer Products Manufacturing Company,...

Establishing Purpose as a Standard for Accessorial Liability under the ATS: Analysis of Presbyterian Church of Sudan v. Matthew Mathiang Deang

Date: Oct 3, 2009

Establishing Purpose as a Standard for Accessorial Liability under the ATS: Analysis of Presbyterian Church of Sudan v. Matthew Mathiang Deang Introduction The case of Presbyterian Church of Sudan v....

Timeliness and Damages in Payment Bond Claims: Arch Insurance Co. v. Precision Stone, Inc.

Date: Oct 2, 2009

Timeliness and Damages in Payment Bond Claims: Arch Insurance Co. v. Precision Stone, Inc. Introduction In the case of Arch Insurance Company and Lumbermens Mutual Casualty Company v. Precision...

Second Circuit Sets New Precedent on 'Favorable Termination' in Malicious Prosecution Claims Under Connecticut Law

Date: Oct 1, 2009

Second Circuit Sets New Precedent on 'Favorable Termination' in Malicious Prosecution Claims Under Connecticut Law Introduction In the landmark case of Dale C. Roberts v. Joe Babkiewicz, the United...

Second Circuit Sets New Precedent on Attorney-Client Relationships and Witness-Advocate Rule in MetLife Demutualization Case

Date: Sep 30, 2009

Second Circuit Sets New Precedent on Attorney-Client Relationships and Witness-Advocate Rule in MetLife Demutualization Case Introduction The case of Darren F. Murray, Mary A. DeVito, et al. v....

Second Circuit Limits Due Process Protections for Foreign State Instrumentalities: Frontera Resources v. SOCAR

Date: Sep 29, 2009

Second Circuit Limits Due Process Protections for Foreign State Instrumentalities: Frontera Resources v. SOCAR Introduction The case of Frontera Resources Azerbaijan Corporation ("Frontera") v. State...

Adopting a Subjective Standard for Deliberate Indifference Claims under the Fourteenth Amendment

Date: Sep 23, 2009

Adopting a Subjective Standard for Deliberate Indifference Claims under the Fourteenth Amendment Introduction In the case of Anthony Caiozzo, as Administrator of the Estate of Phillip Caiozzo v....

Ensuring Procedural Fairness for Pro Se Litigants in Summary Judgment Motions: A Comprehensive Analysis of Hernández v. Coffey

Date: Sep 22, 2009

Ensuring Procedural Fairness for Pro Se Litigants in Summary Judgment Motions: A Comprehensive Analysis of Hernández v. Coffey Introduction In the landmark case José Hernández v. Coffey, the United...

Environmental Guardians v. Power Titans: Establishing Federal Common Law Nuisance in Climate Change Litigation

Date: Sep 22, 2009

Environmental Guardians v. Power Titans: Establishing Federal Common Law Nuisance in Climate Change Litigation Introduction In a landmark decision, the United States Court of Appeals for the Second...

Establishing Personal Involvement in §1983 Claims: A Detailed Commentary on Rivera v. Fischer et al.

Date: Sep 19, 2009

Establishing Personal Involvement in §1983 Claims: A Detailed Commentary on Rivera v. Fischer et al. Introduction In the landmark case of Robert Rivera v. Brian Fischer, et al. (655 F. Supp. 2d 235,...