2d Circuit Case Commentaries

Zelnik v. FIT: Defining Adverse Employment Actions in First Amendment Retaliation Claims

Date: Sep 15, 2006

Zelnik v. FIT: Defining Adverse Employment Actions in First Amendment Retaliation Claims Introduction In the landmark appellate case Martin Zelnik v. Fashion Institute of Technology (FIT), the United...

Protected Property Interest Not Established in Sewer District Extension Denial: An Analysis of Clubside, Inc. v. Valentin

Date: Sep 14, 2006

Protected Property Interest Not Established in Sewer District Extension Denial: An Analysis of Clubside, Inc. v. Valentin Introduction In Clubside, Inc., Plaintiff-Appellee-Cross-Appellant, v. Eric...

Second Circuit Rules: Administrative Leave with Pay Not an Adverse Employment Action under Title VII

Date: Sep 14, 2006

Second Circuit Rules: Administrative Leave with Pay Not an Adverse Employment Action under Title VII Introduction In the landmark case of Gregson Joseph v. Michael O. Leavitt, Secretary of Department...

New Precedent on First Amendment Protections in Mass Gathering Permits: Field Day, LLC v. Suffolk County

Date: Sep 13, 2006

New Precedent on First Amendment Protections in Mass Gathering Permits: Field Day, LLC v. Suffolk County Introduction The case of Field Day, LLC, f/k/a New York Music Festival, LLC, AEG Live LLC,...

Limits on Appeal Waivers and Restitution Orders: Insights from Oladimeji Decision

Date: Sep 13, 2006

Limits on Appeal Waivers and Restitution Orders: Insights from Oladimeji Decision Introduction The case of United States of America v. Kamadeen Idowu Oladimeji explores significant legal principles...

Vacatur and Remand in Securities Fraud Litigation: Insights from Delois Faulkner v. Beer

Date: Sep 9, 2006

Vacatur and Remand in Securities Fraud Litigation: Insights from Delois Faulkner v. Beer Introduction Delois Faulkner, as Trustee of the DeLois J. Faulkner Trust and as Trustee of the Stanley J....

Reasonable Suspicion and Investigatory Stops: Insights from United States v. Muhammad

Date: Sep 8, 2006

Reasonable Suspicion and Investigatory Stops: Insights from United States v. Abdul R. Muhammad 1. Introduction The case of United States of America v. Abdul R. Muhammad, 463 F.3d 115 (2d Cir. 2006),...

Affirmation of Debtor's Justification for Reliance on Partnership Record-Keeping in IN RE CACIOLI

Date: Sep 7, 2006

Affirmation of Debtor's Justification for Reliance on Partnership Record-Keeping in IN RE CACIOLI Introduction The appellate decision in In re Stephen A. Cacioli. D.A.N. Joint Venture, et al.,...

Second Circuit Sets Precedent on 'Vulnerable Victim' Enhancement: Religious Affiliation Insufficient for Sentencing Increase

Date: Sep 7, 2006

Second Circuit Sets Precedent on 'Vulnerable Victim' Enhancement: Religious Affiliation Insufficient for Sentencing Increase Introduction In the landmark case of United States of America v. Roberta...

Guo v. Gonzales: Landmark Decision on MOTION TO REOPEN Asylum Claims Based on Changed Country Conditions

Date: Sep 7, 2006

Guo v. Gonzales: Landmark Decision on Motion to Reopen Asylum Claims Based on Changed Country Conditions Introduction In the landmark case of Shou Yung Guo v. Gonzales, decided by the United States...

Enforceability of Forum-Selection Clauses and Proper Handling of Arbitration Awards: D.H. Blair Co., Inc. v. Investors

Date: Sep 6, 2006

Enforceability of Forum-Selection Clauses and Proper Handling of Arbitration Awards: D.H. Blair Co., Inc. v. Investors Introduction The case of D.H. Blair Co., Inc., and Kenton E. Wood versus Judit...

Clarifying Exhaustion of Remedies in Immigration Appeals: Insights from Elida KARAJ v. yl Karaj, et al.

Date: Sep 6, 2006

Clarifying Exhaustion of Remedies in Immigration Appeals: Insights from Elida KARAJ v. yl Karaj, et al. Introduction Elida KARAJ, A v. yl Karaj, Abli Karaj, and Amir Karaj, 462 F.3d 113 (2d Cir....

Ensuring Consistent Jury Verdicts: Implications from Kosmynka v. Polaris Industries

Date: Sep 2, 2006

Ensuring Consistent Jury Verdicts: Implications from Kosmynka v. Polaris Industries Introduction The case of Kosmynka v. Polaris Industries, Inc., decided by the United States Court of Appeals for...

Affirmation of No-Knock Warrant Use and Constructive Possession in Narcotics Trafficking Convictions

Date: Sep 2, 2006

Affirmation of No-Knock Warrant Use and Constructive Possession in Narcotics Trafficking Convictions Introduction The case of United States of America v. Fred Snow, Marcus Snow, Rahad Ross (462 F.3d...

Limits on Charging Liens for Withdrawing Attorneys: Second Circuit Sets Precedent

Date: Aug 29, 2006

Limits on Charging Liens for Withdrawing Attorneys: Second Circuit Sets Precedent Introduction The case of Cassie Sutton v. New York City Transit Authority addresses critical issues surrounding the...

Second Circuit Clarifies Class Certification on Liability Issues under Rules 23(b)(3) and (c)(4)(A)

Date: Aug 25, 2006

Second Circuit Clarifies Class Certification on Liability Issues under Rules 23(b)(3) and (c)(4)(A) Introduction The case In re Nassau County Strip Search Cases involves a group of plaintiffs who...

Expanding the Scope of Retaliation Claims: Kessler v. Westchester County and the Impact of Burlington Northern Santa Fe Railway Co. v. White

Date: Aug 24, 2006

Expanding the Scope of Retaliation Claims: Kessler v. Westchester County and the Impact of Burlington Northern Santa Fe Railway Co. v. White Introduction Kessler v. Westchester County Department of...

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2d Circuit Case Commentaries

Zelnik v. FIT: Defining Adverse Employment Actions in First Amendment Retaliation Claims

Protected Property Interest Not Established in Sewer District Extension Denial: An Analysis of Clubside, Inc. v. Valentin

Second Circuit Rules: Administrative Leave with Pay Not an Adverse Employment Action under Title VII

New Precedent on First Amendment Protections in Mass Gathering Permits: Field Day, LLC v. Suffolk County

Limits on Appeal Waivers and Restitution Orders: Insights from Oladimeji Decision

Vacatur and Remand in Securities Fraud Litigation: Insights from Delois Faulkner v. Beer

Reasonable Suspicion and Investigatory Stops: Insights from United States v. Muhammad

Affirmation of Debtor's Justification for Reliance on Partnership Record-Keeping in IN RE CACIOLI

Second Circuit Sets Precedent on 'Vulnerable Victim' Enhancement: Religious Affiliation Insufficient for Sentencing Increase

Guo v. Gonzales: Landmark Decision on MOTION TO REOPEN Asylum Claims Based on Changed Country Conditions

Enforceability of Forum-Selection Clauses and Proper Handling of Arbitration Awards: D.H. Blair Co., Inc. v. Investors

Clarifying Exhaustion of Remedies in Immigration Appeals: Insights from Elida KARAJ v. yl Karaj, et al.

Ensuring Consistent Jury Verdicts: Implications from Kosmynka v. Polaris Industries

Affirmation of No-Knock Warrant Use and Constructive Possession in Narcotics Trafficking Convictions

Limits on Charging Liens for Withdrawing Attorneys: Second Circuit Sets Precedent

Second Circuit Clarifies Class Certification on Liability Issues under Rules 23(b)(3) and (c)(4)(A)

Expanding the Scope of Retaliation Claims: Kessler v. Westchester County and the Impact of Burlington Northern Santa Fe Railway Co. v. White

Exclusive Appellate Jurisdiction in EPA Pesticide Tolerance Reassessments: NRDC v. EPA

Procedural Default and Preservation of Insufficiency Claims in DiSimone v. Phillips

Affirmation of Search Reasonableness Under Parole Consent: United States v. Burgess Massey