2d Circuit Case Commentaries

Procedural Safeguards in Ballot Access Disputes Upheld in Rivera-Powell v. NYC Board of Elections

Date: Dec 6, 2006

Procedural Safeguards in Ballot Access Disputes Upheld in Rivera-Powell v. New York City Board of Elections Introduction In Verena Rivera-Powell et al. v. New York City Board of Elections, 470 F.3d...

Preemption of New York Labor Law §211-a by the National Labor Relations Act

Date: Dec 6, 2006

Preemption of New York Labor Law §211-a by the National Labor Relations Act: Comprehensive Analysis of Healthcare Associations v. Pataki Introduction The case of Healthcare Association of New York...

Establishing Rigorous Standards for Class Certification under Rule 23: Analysis of In re Initial Public Offerings Securities Litigation

Date: Dec 6, 2006

Establishing Rigorous Standards for Class Certification under Rule 23: Analysis of In re Initial Public Offerings Securities Litigation 1. Introduction The case of In re Initial Public Offerings...

Reaffirming FTCA Jurisdiction: Triestman v. Federal Bureau of Prisons Sets New Precedent

Date: Dec 6, 2006

Reaffirming FTCA Jurisdiction: Triestman v. Federal Bureau of Prisons Sets New Precedent Introduction Triestman v. Federal Bureau of Prisons, 470 F.3d 471 (2d Cir. 2006), is a pivotal case addressing...

Inadequate Appellate Advocacy in Suppression Motions: Analyzing Mosby v. Senkowski

Date: Dec 1, 2006

Inadequate Appellate Advocacy in Suppression Motions: Analyzing Mosby v. Senkowski Introduction Mosby v. Senkowski, 470 F.3d 515 (2d Cir. 2006), is a pivotal case that examines the boundaries of...

Eleventh Amendment Immunity and Procedural Requirements in Employment Discrimination Cases: Insights from Bogle-Assegai v. Connecticut

Date: Nov 30, 2006

Eleventh Amendment Immunity and Procedural Requirements in Employment Discrimination Cases: Insights from Bogle-Assegai v. Connecticut Introduction Bogle-Assegai v. State of Connecticut, 470 F.3d 498...

Establishing Personal Accountability in Bivens Actions: Commentary on Rodney Thomas v. Ashcroft et al.

Date: Nov 29, 2006

Establishing Personal Accountability in Bivens Actions: Commentary on Rodney Thomas v. Ashcroft et al. Introduction In the landmark appellate decision Rodney Thomas v. John Ashcroft et al., the...

Precedent Set by Edward Tocker v. Philip Morris Companies: Administrative Discretion Under ERISA

Date: Nov 23, 2006

Precedent Set by Edward Tocker v. Philip Morris Companies: Administrative Discretion Under ERISA Introduction The case of Edward Tocker v. Philip Morris Companies, Inc. establishes significant...

Collateral Estoppel in Bankruptcy Proceedings: The Evans v. Ottimo Decision

Date: Nov 21, 2006

Collateral Estoppel in Bankruptcy Proceedings: The Evans v. Ottimo Decision Introduction The case of Philip Evans v. Richard and Joyce Ottimo, adjudicated by the United States Court of Appeals for...

Absolute Immunity for Connecticut Probation Officers in Presentence Report Preparation Affirmed

Date: Nov 17, 2006

Absolute Immunity for Connecticut Probation Officers in Presentence Report Preparation Affirmed Introduction In the case of Abdul Peay v. Carl Ajello, Johanna Colon, c/o William O'Connor (470 F.3d...

Non-Preemption of New York Labor Law by IRCA in Undocumented Worker Injury Cases

Date: Nov 15, 2006

Non-Preemption of New York Labor Law by IRCA in Undocumented Worker Injury Cases Introduction The case of Jose Raimundo Madeira v. Affordable Housing Foundation, Inc., Mountain Developers Associates,...

Judicial Deference to Immigration Judges on Changed Country Conditions in Asylum Cases: Hoxhallari v. Gonzales

Date: Nov 1, 2006

Judicial Deference to Immigration Judges on Changed Country Conditions in Asylum Cases: Hoxhallari v. Gonzales Introduction In the case of Ilir Hoxhallari v. Alberto Gonzales, Attorney General,...

Salahuddin v. GOORD et al.: Expanding Protections under RLUIPA and Eighth Amendment for Inmates

Date: Oct 28, 2006

Salahuddin v. GOORD et al.: Expanding Protections under RLUIPA and Eighth Amendment for Inmates Introduction In the case of Abdullah Y. Salahuddin v. Glenn GOORD, Commissioner; et al., heard by the...

Koons v. Blanch: Establishing Transformative Fair Use in Appropriation Art

Date: Oct 27, 2006

Koons v. Blanch: Establishing Transformative Fair Use in Appropriation Art Introduction The case of Andrea Blanch v. Jeff Koons delves into the intricate balance between copyright protection and...

Priority of PACA Trust Beneficiaries Over Administrative Creditors Established in Union Pacific Railroad Co. v. SHULMAN-RABIN MARKETING, CORP.

Date: Oct 27, 2006

Priority of PACA Trust Beneficiaries Over Administrative Creditors Established in Union Pacific Railroad Co. v. SHULMAN-RABIN MARKETING, CORP. Introduction The case of Union Pacific Railroad Company...

Admissibility of Autopsy Reports Under the Confrontation Clause: Analysis of United States v. Feliz

Date: Oct 26, 2006

Admissibility of Autopsy Reports Under the Confrontation Clause: Analysis of United States v. Feliz Introduction United States v. Feliz, decided by the United States Court of Appeals for the Second...

Enhanced Standards for Evaluating Past Persecution in Asylum Claims: Insights from Bejnjamin Beskovic v. Alberto Gonzales

Date: Oct 25, 2006

Enhanced Standards for Evaluating Past Persecution in Asylum Claims: Insights from Bejnjamin Beskovic v. Alberto Gonzales Introduction Bejnjamin Beskovic v. Alberto Gonzales, Attorney General, 467...

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2d Circuit Case Commentaries

Procedural Safeguards in Ballot Access Disputes Upheld in Rivera-Powell v. NYC Board of Elections

Preemption of New York Labor Law §211-a by the National Labor Relations Act

Establishing Rigorous Standards for Class Certification under Rule 23: Analysis of In re Initial Public Offerings Securities Litigation

Reaffirming FTCA Jurisdiction: Triestman v. Federal Bureau of Prisons Sets New Precedent

Inadequate Appellate Advocacy in Suppression Motions: Analyzing Mosby v. Senkowski

Eleventh Amendment Immunity and Procedural Requirements in Employment Discrimination Cases: Insights from Bogle-Assegai v. Connecticut

Establishing Personal Accountability in Bivens Actions: Commentary on Rodney Thomas v. Ashcroft et al.

Precedent Set by Edward Tocker v. Philip Morris Companies: Administrative Discretion Under ERISA

Collateral Estoppel in Bankruptcy Proceedings: The Evans v. Ottimo Decision

Absolute Immunity for Connecticut Probation Officers in Presentence Report Preparation Affirmed

Non-Preemption of New York Labor Law by IRCA in Undocumented Worker Injury Cases

Judicial Deference to Immigration Judges on Changed Country Conditions in Asylum Cases: Hoxhallari v. Gonzales

Salahuddin v. GOORD et al.: Expanding Protections under RLUIPA and Eighth Amendment for Inmates

Koons v. Blanch: Establishing Transformative Fair Use in Appropriation Art

Priority of PACA Trust Beneficiaries Over Administrative Creditors Established in Union Pacific Railroad Co. v. SHULMAN-RABIN MARKETING, CORP.

Admissibility of Autopsy Reports Under the Confrontation Clause: Analysis of United States v. Feliz

Enhanced Standards for Evaluating Past Persecution in Asylum Claims: Insights from Bejnjamin Beskovic v. Alberto Gonzales

Enforcement of Charter Party Forum Selection Clause over Conflicting Bill of Lading Clause in Maritime Disputes

Affirming Use of Child Pornography as Rule 404(b) Evidence in Entrapment Defense: United States v. Brand

Design Strategy v. Davis: Reinforcing Fiduciary Duty and Procedural Compliance