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  • Commentaries
  • Judgments

2d Circuit Case Commentaries

Application of EX PARTE YOUNG Doctrine in Bankruptcy Proceedings: In re Deposit Insurance Agency v. Superintendent of Banks of New York

Application of EX PARTE YOUNG Doctrine in Bankruptcy Proceedings: In re Deposit Insurance Agency v. Superintendent of Banks of New York

Date: Mar 30, 2007
Application of EX PARTE YOUNG Doctrine in Bankruptcy Proceedings: In re Deposit Insurance Agency v. Superintendent of Banks of New York Introduction The case of In re Deposit Insurance Agency, as...
Enhanced Standards for Informant Reliability in Terry Stops: United States v. Elmore

Enhanced Standards for Informant Reliability in Terry Stops: United States v. Elmore

Date: Mar 30, 2007
Enhanced Standards for Informant Reliability in Terry Stops: United States v. Elmore Introduction United States of America v. Vamond Elmore, 482 F.3d 172 (2d Cir. 2007), addresses critical issues...
Affirming Summary Plan Description Adequacy and Actuarial Reduction under ERISA in McCarthy v. Dun Bradstreet

Affirming Summary Plan Description Adequacy and Actuarial Reduction under ERISA in McCarthy v. Dun Bradstreet

Date: Mar 30, 2007
Affirming Summary Plan Description Adequacy and Actuarial Reduction under ERISA in McCarthy v. Dun Bradstreet Introduction In the appellate decision of McCARTHY v. DUN BRADSTREET CORPoration, the...
Abandonment of Trademark and the Boundaries of the Famous Marks Doctrine under Federal Law: ITC Limited v. Punchgini, Inc. Commentary

Abandonment of Trademark and the Boundaries of the Famous Marks Doctrine under Federal Law: ITC Limited v. Punchgini, Inc. Commentary

Date: Mar 29, 2007
Abandonment of Trademark and the Boundaries of the Famous Marks Doctrine under Federal Law: ITC Limited v. Punchgini, Inc. Commentary Introduction In the case of ITC Limited and ITC Hotels Limited v....
Substantial Evidence Requirement in Asylum Credibility Determinations: Insights from Dong Gao v. Nationality Act

Substantial Evidence Requirement in Asylum Credibility Determinations: Insights from Dong Gao v. Nationality Act

Date: Mar 29, 2007
Substantial Evidence Requirement in Asylum Credibility Determinations: Insights from Dong Gao v. Nationality Act Introduction The case of Dong Gao and Xiang Zhen Gao v. Nationality Act, Board of...
SSA's Limited Authority on Attorneys' Fees Post-Bankruptcy: Insights from BINDER BINDER PC v. BARNHART

SSA's Limited Authority on Attorneys' Fees Post-Bankruptcy: Insights from BINDER BINDER PC v. BARNHART

Date: Mar 28, 2007
SSA's Limited Authority on Attorneys' Fees Post-Bankruptcy: Insights from BINDER BINDER PC v. BARNHART Introduction The case of Binder Binder PC v. Jo Anne B. Barnhart, Commissioner of the Social...
No Implied Private Rights of Action under ICA: Affirms Dismissal of Eaton Vance Class Action

No Implied Private Rights of Action under ICA: Affirms Dismissal of Eaton Vance Class Action

Date: Mar 16, 2007
No Implied Private Rights of Action under ICA: Affirmation of Dismissal in Eaton Vance Case Introduction The case of Paul Bellikoff et al. v. Eaton Vance Corp. et al. addresses critical issues...
Establishment of Constitutional Right to Post-Conviction DNA Testing under 42 U.S.C. §1983: McKithen v. Brown

Establishment of Constitutional Right to Post-Conviction DNA Testing under 42 U.S.C. §1983: McKithen v. Brown

Date: Mar 14, 2007
Establishment of Constitutional Right to Post-Conviction DNA Testing under 42 U.S.C. §1983: McKithen v. Brown Introduction Case: Frank McKithen, Plaintiff-Appellant, v. Richard Brown, District...
Affirmation of Credibility Evaluation Standards in Asylum Proceedings: Siewe v. Gonzales

Affirmation of Credibility Evaluation Standards in Asylum Proceedings: Siewe v. Gonzales

Date: Mar 14, 2007
Affirmation of Credibility Evaluation Standards in Asylum Proceedings: Siewe v. Gonzales Introduction The case Felix Norbert Siewe v. Alberto R. Gonzales, 480 F.3d 160 (2d Cir. 2007), presents a...
Res Judicata and Bankruptcy Court Orders: Establishing Finality in Proof of Claims

Res Judicata and Bankruptcy Court Orders: Establishing Finality in Proof of Claims

Date: Mar 10, 2007
Res Judicata and Bankruptcy Court Orders: Establishing Finality in Proof of Claims Introduction EDP Medical Computer Systems, Inc. v. United States of America is a pivotal case adjudicated by the...
Sentencing Neutrality Reinforced: Second Circuit's Decision in United States v. Fanta Kaba

Sentencing Neutrality Reinforced: Second Circuit's Decision in United States v. Fanta Kaba

Date: Mar 9, 2007
Sentencing Neutrality Reinforced: Second Circuit's Decision in United States v. Fanta Kaba Introduction In the landmark case of United States of America v. Fanta Kaba, decided by the United States...
Second Circuit Clarifies Statute of Limitations and ERISA Coverage in Employment Disputes

Second Circuit Clarifies Statute of Limitations and ERISA Coverage in Employment Disputes

Date: Mar 8, 2007
Second Circuit Clarifies Statute of Limitations and ERISA Coverage in Employment Disputes Introduction In the landmark case of Thomas R. Guilbert v. Charles B. Gardner, Jr. et al., the United States...
Establishing the Threshold for Irreparable Harm in Preliminary Injunctions: Grand River Enterprises v. Defendants

Establishing the Threshold for Irreparable Harm in Preliminary Injunctions: Grand River Enterprises v. Defendants

Date: Mar 7, 2007
Establishing the Threshold for Irreparable Harm in Preliminary Injunctions: Grand River Enterprises v. Defendants Introduction Grand River Enterprise Six Nations, Ltd., a non-participating...
Priority Scheme Applied to Pre-Plan Settlements under Bankruptcy Rule 9019: Establishing a New Precedent

Priority Scheme Applied to Pre-Plan Settlements under Bankruptcy Rule 9019: Establishing a New Precedent

Date: Mar 6, 2007
Priority Scheme Applied to Pre-Plan Settlements under Bankruptcy Rule 9019: Establishing a New Precedent Introduction The case of IN RE IRIDIUM OPERATING LLC, Motorola, Inc., Appellant, v. Official...
Abbas v. Dixon: Revisiting Statute of Limitations and Sua Sponte Dismissals in §1983 Prisoner Claims

Abbas v. Dixon: Revisiting Statute of Limitations and Sua Sponte Dismissals in §1983 Prisoner Claims

Date: Mar 1, 2007
Abbas v. Dixon: Revisiting Statute of Limitations and Sua Sponte Dismissals in §1983 Prisoner Claims Introduction Mohamed Abbas v. Lt. Dixon et al. is a pivotal case adjudicated by the United States...
Fourth Amendment Protections Against Prolonged Wrongful Detention: Russo v. City of Bridgeport

Fourth Amendment Protections Against Prolonged Wrongful Detention: Russo v. City of Bridgeport

Date: Feb 28, 2007
Fourth Amendment Protections Against Prolonged Wrongful Detention: Russo v. City of Bridgeport Introduction In the landmark case of Christopher Russo v. City of Bridgeport, the United States Court of...
Statute of Limitations on Rule 41(g) Motions for Return of Seized Property: Analysis of Ibinga BERTIN v. UNITED STATES

Statute of Limitations on Rule 41(g) Motions for Return of Seized Property: Analysis of Ibinga BERTIN v. UNITED STATES

Date: Feb 27, 2007
Statute of Limitations on Rule 41(g) Motions for Return of Seized Property: Analysis of Ibinga BERTIN v. UNITED STATES Introduction The case of Ibinga Bertin versus the United States represents a...
Second Circuit Clarifies Significance of Supervisory Age-Related Remarks in Age Discrimination Claims: Tomassi v. Insignia Financial Group

Second Circuit Clarifies Significance of Supervisory Age-Related Remarks in Age Discrimination Claims: Tomassi v. Insignia Financial Group

Date: Feb 17, 2007
Second Circuit Clarifies Significance of Supervisory Age-Related Remarks in Age Discrimination Claims: Tomassi v. Insignia Financial Group Introduction The case of Patricia McCarthy Tomassi versus...
Legislative Immunity Extended to Pre-Vote Discussions in Wrongful Termination Case

Legislative Immunity Extended to Pre-Vote Discussions in Wrongful Termination Case

Date: Feb 15, 2007
Legislative Immunity Extended to Pre-Vote Discussions in Wrongful Termination Case Commentary on Maria Almonte et al. v. City of Long Beach et al., 478 F.3d 100, United States Court of Appeals,...
Balancing Local Traffic Safety and Interstate Commerce: Insights from Cross Sound Ferry Services, Inc. v. Town of East Hampton

Balancing Local Traffic Safety and Interstate Commerce: Insights from Cross Sound Ferry Services, Inc. v. Town of East Hampton

Date: Feb 9, 2007
Balancing Local Traffic Safety and Interstate Commerce: Insights from Cross Sound Ferry Services, Inc. v. Town of East Hampton Introduction The case of Cross Sound Ferry Services, Inc. v. Town of...
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