2d Circuit Case Commentaries

Second Circuit Clarifies Application of NY Insurance Law §3425 on Policy Renewal and Premium Adjustments

Date: Jul 29, 2009

Second Circuit Clarifies Application of NY Insurance Law §3425 on Policy Renewal and Premium Adjustments Introduction In the case of Fred Spagnola, v. The Chubb Corporation et al., the United States...

ERISA Inapplicability to Terminated Pension Plans via Annuity Purchase: Analysis of Jo Davis Hallingby v. Mai V. Hallingby

Date: Jul 25, 2009

ERISA Inapplicability to Terminated Pension Plans via Annuity Purchase: Analysis of Jo Davis Hallingby v. Mai V. Hallingby Introduction The case of Jo Davis Hallingby v. Mai V. Hallingby, decided by...

Establishing Boundaries for In-and-Out Traders in Securities Class Actions: The Flag Telecom Holdings Decision

Date: Jul 23, 2009

Establishing Boundaries for In-and-Out Traders in Securities Class Actions: The Flag Telecom Holdings Decision Introduction The litigation surrounding Flag Telecom Holdings, Ltd., as adjudicated in...

Affirmation of Admissibility Standards for Prior Bad Acts Evidence in Drug Conspiracy Cases

Date: Jul 18, 2009

Affirmation of Admissibility Standards for Prior Bad Acts Evidence in Drug Conspiracy Cases Introduction The case of United States of America v. Damion Townsend presents significant insights into the...

Affirmation of Summary Judgment in Byrne v. Telesector Resources Group Establishes Rigorous Standards for Employment Discrimination Claims

Date: Jul 15, 2009

Affirmation of Summary Judgment in Byrne v. Telesector Resources Group Establishes Rigorous Standards for Employment Discrimination Claims Introduction In the case of Anne M. Byrne v. Telesector...

Enforceability of Oral Contracts and Scienter Requirements under PSLRA: South Cherry Street v. Hennessee Group

Date: Jul 15, 2009

Enforceability of Oral Contracts and Scienter Requirements under PSLRA: South Cherry Street v. Hennessee Group Introduction South Cherry Street, LLC v. Hennessee Group LLC (573 F.3d 98) is a pivotal...

Career Offender Designation Precludes Sentence Reduction under Crack Cocaine Amendments: United States v. Martinez

Date: Jul 14, 2009

Career Offender Designation Precludes Sentence Reduction under Crack Cocaine Amendments: United States v. Martinez Introduction United States v. Martin P. Martinez is a pivotal case adjudicated by...

Enforceability of Plan-Prescribed Limitations Periods under ERISA: BURKE v. PRICEWATERHOUSECOOPERS LLP

Date: Jul 10, 2009

Enforceability of Plan-Prescribed Limitations Periods under ERISA: BURKE v. PRICEWATERHOUSECOOPERS LLP Introduction In BURKE v. PRICEWATERHOUSECOOPERS LLP Long Term Disability Plan, the United States...

Affirmation of Denial of ADA and Rehabilitation Act Claims in Medical License Revocation Case

Date: Jul 10, 2009

Affirmation of Denial of ADA and Rehabilitation Act Claims in Medical License Revocation Case Introduction In the case of Monroe S. Harris, B.S., D.O. v. Richard P. Mills, Commissioner of Education,...

Affirmation of ALJ's Disability Determination: Weight of Treating Physicians' Opinions and RFC Assessment

Date: Jul 8, 2009

Affirmation of ALJ's Disability Determination: Weight of Treating Physicians' Opinions and RFC Assessment Introduction In the case of Brenda F. Pardee v. Michael J. Astrue, Commissioner of Social...

Affirmation of Prison Regulations Limiting Inmate Speech Rights in Pilgrim v. Luther

Date: Jul 7, 2009

Affirmation of Prison Regulations Limiting Inmate Speech Rights in Pilgrim v. Luther Introduction Case: Prince Pilgrim v. David Luther, et al. Citation: 571 F.3d 201 (2d Cir. 2009) Court: United...

Second Circuit Clarifies Oregon Rule on Causation and Expert Testimony in Maritime Allision Cases

Date: Jul 7, 2009

Second Circuit Clarifies Oregon Rule on Causation and Expert Testimony in Maritime Allision Cases Introduction The case of Zerega Avenue Realty Corp. and Fred Todino Sons, Inc. v. Hornbeck Offshore...

Affirmation of New York's Three-Tier Alcohol Regulatory System under the Twenty-First Amendment

Date: Jul 2, 2009

Affirmation of New York's Three-Tier Alcohol Regulatory System under the Twenty-First Amendment Introduction The case of Arnold's Wines, Inc., d/b/a Kahn's Fine Wines Spirits et al. v. Daniel B....

State Action Immunity in Antitrust Law: Second Circuit's Clarification in LaFARO v. NY Cardiothoracic Group

Date: Jul 2, 2009

State Action Immunity in Antitrust Law: Second Circuit's Clarification in LaFARO v. New York Cardiothoracic Group Introduction The case of LaFARO v. New York Cardiothoracic Group addresses critical...

Significant Clarification on Residual Functional Capacity Assessments in Social Security Disability Claims

Date: Jun 27, 2009

Significant Clarification on Residual Functional Capacity Assessments in Social Security Disability Claims Introduction The case of Deborah Giddings v. Michael J. Astrue, Commissioner of Social...

Second Circuit Establishes AEDPA Standard of Review Applies Despite Federal Fact-Finding in Ineffective Assistance of Counsel Claims

Date: Jun 25, 2009

Second Circuit Establishes AEDPA Standard of Review Applies Despite Federal Fact-Finding in Ineffective Assistance of Counsel Claims Introduction In the landmark case of George Wilson v. William...

Enhanced Protections for Pro Se Claimants in Social Security Disability Hearings: Moran v. Astrue

Date: Jun 25, 2009

Enhanced Protections for Pro Se Claimants in Social Security Disability Hearings: Moran v. Astrue Introduction The case of James Moran v. Michael J. Astrue, Commissioner of Social Security (569 F.3d...

Redacted Confessions and the Confrontation Clause: Insights from United States v. Jass

Date: Jun 17, 2009

Redacted Confessions and the Confrontation Clause: Insights from United States v. Jass, 569 F.3d 47 Introduction United States v. Marian Jass, Kenneth Leight, decided by the United States Court of...

Second Circuit Affirms No Property Interest in UNICOR Employment for Federal Inmates

Date: Jun 12, 2009

Second Circuit Affirms No Property Interest in UNICOR Employment for Federal Inmates Introduction Neil Johnson v. M. Rowley is a pivotal case decided by the United States Court of Appeals for the...

JA Apparel Corp. v. Joseph Abboud: Reinterpreting Trademark Rights and Contract Ambiguity

Date: Jun 11, 2009

JA Apparel Corp. v. Joseph Abboud: Reinterpreting Trademark Rights and Contract Ambiguity Introduction The legal landscape of trademark rights and contract interpretations was notably addressed in...