2d Circuit Case Commentaries

Conversion of Electronic Data Under New York Law: Insights from Thyroff v. Nationwide Mutual Insurance Company

Date: Aug 22, 2006

Conversion of Electronic Data Under New York Law: Insights from Thyroff v. Nationwide Mutual Insurance Company Introduction The appellate case Louis E. Thyroff v. Nationwide Mutual Insurance Company,...

REULAND v. HYNES: Speaker's Motive Not Dispositive in Determining Matters of Public Concern

Date: Aug 22, 2006

REULAND v. HYNES: Speaker's Motive Not Dispositive in Determining Matters of Public Concern Introduction REULAND v. HYNES, 460 F.3d 409 (2d Cir. 2006), addresses the intricate balance between a...

Establishing Probable Cause Standards in False Arrest Claims: Syl v. Panetta

Date: Aug 19, 2006

Establishing Probable Cause Standards in False Arrest Claims: Syl v. Panetta Introduction In Sylvia Panetta v. Thomas M. Crowley, Marc Jurnove, the United States Court of Appeals for the Second...

Second Circuit Clarifies Employer Definition under Title VII: State Education Department Not Liable for Disparate Impact of Teacher Certification Tests

Date: Aug 18, 2006

Second Circuit Clarifies Employer Definition under Title VII: State Education Department Not Liable for Disparate Impact of Teacher Certification Tests Introduction In the landmark case of Elsa...

Establishment of Appellate Authority to Stay Voluntary Departure Orders under the INA

Date: Aug 17, 2006

Establishment of Appellate Authority to Stay Voluntary Departure Orders under the INA Introduction The case of Deu Thapa v. Alberto Gonzales, Attorney General of the United States (460 F.3d 323)...

General Economic Interest Defense in Tortious Interference: White Plains Coat Apron Co. v. Cintas Corp.

Date: Aug 16, 2006

General Economic Interest Defense in Tortious Interference: White Plains Coat Apron Co. v. Cintas Corp. Introduction The case of White Plains Coat Apron Co., Inc. v. Cintas Corp., decided by the...

Res Judicata in Chapter 13 Bankruptcy: Affirming Mortgage Lien Validity

Date: Aug 16, 2006

Res Judicata in Chapter 13 Bankruptcy: Affirming Mortgage Lien Validity Introduction The case of In re Ke v. n J. LAYO. Andrea E. Celli, Trustee-Appellant (460 F.3d 289, 2d Cir. 2006) addresses a...

Extraterritorial Limitations on 42 U.S.C. § 1981 in Employment Discrimination: Insights from Ofori-Tenkorang v. AIG

Date: Aug 16, 2006

Extraterritorial Limitations on 42 U.S.C. § 1981 in Employment Discrimination: Insights from Ofori-Tenkorang v. AIG Introduction Ofori-Tenkorang v. American International Group, Inc., 460 F.3d 296...

DioGuardi v. Commissioner of Social Security: Establishing New Standards in Disability Determinations

Date: Aug 12, 2006

DioGuardi v. Commissioner of Social Security: Establishing New Standards in Disability Determinations Introduction The case of DARCIA S. DIOGUARDI vs. COMMISSIONER OF SOCIAL SECURITY, adjudicated by...

Affirmation of Antitrust Compliance in Hatch-Waxman Patent Settlements: Joblo v. Allied Services Commentary

Date: Aug 11, 2006

Affirmation of Antitrust Compliance in Hatch-Waxman Patent Settlements: Joblo v. Allied Services Commentary Introduction The case Joblo v. Allied Services addresses the intricate balance between...

Hawkins v. Costello: Upholding Hearsay Rules and AEDPA Deference in Habeas Corpus Petitions

Date: Aug 10, 2006

Hawkins v. Costello: Upholding Hearsay Rules and AEDPA Deference in Habeas Corpus Petitions Introduction The case of Sidney Hawkins v. Joseph Costello, Superintendent, Mid State Correctional Facility...

Affirmation of Summary Judgment in First Amendment Retaliation Claims: Cotarelo v. Village of Sleepy Hollow Police Department

Date: Aug 10, 2006

Affirmation of Summary Judgment in First Amendment Retaliation Claims: Cotarelo v. Village of Sleepy Hollow Police Department Introduction In the landmark case of Jose Cotarelo v. Village of Sleepy...

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2d Circuit Case Commentaries

Conversion of Electronic Data Under New York Law: Insights from Thyroff v. Nationwide Mutual Insurance Company

REULAND v. HYNES: Speaker's Motive Not Dispositive in Determining Matters of Public Concern

Establishing Probable Cause Standards in False Arrest Claims: Syl v. Panetta

Second Circuit Clarifies Employer Definition under Title VII: State Education Department Not Liable for Disparate Impact of Teacher Certification Tests

Establishment of Appellate Authority to Stay Voluntary Departure Orders under the INA

General Economic Interest Defense in Tortious Interference: White Plains Coat Apron Co. v. Cintas Corp.

Res Judicata in Chapter 13 Bankruptcy: Affirming Mortgage Lien Validity

Extraterritorial Limitations on 42 U.S.C. § 1981 in Employment Discrimination: Insights from Ofori-Tenkorang v. AIG

DioGuardi v. Commissioner of Social Security: Establishing New Standards in Disability Determinations

Affirmation of Antitrust Compliance in Hatch-Waxman Patent Settlements: Joblo v. Allied Services Commentary

Hawkins v. Costello: Upholding Hearsay Rules and AEDPA Deference in Habeas Corpus Petitions

Affirmation of Summary Judgment in First Amendment Retaliation Claims: Cotarelo v. Village of Sleepy Hollow Police Department

Second Circuit Clarifies Scope of MVFCAFA: Arbitration Agreements Enforceable in Shareholder Agreements

Distinguishing RICO from State Law Claims: Second Circuit's Landmark Decision on Bank Liability

Mandatory but Non-Jurisdictional Issue Exhaustion in Asylum Cases: Lin Zhong v. U.S. Department of Justice

Second Circuit Establishes De Novo Standard for Rule 15(c)(2) Relation Back in Securities Fraud Class Actions

Adequate Post-Termination Hearings Uphold Due Process for At-Will Employees

Second Circuit Affirms Qualified Immunity in Inmate's Claim for Medical Information under the Fourteenth Amendment

Successor Liability under CERCLA: NY v. National Service Industries, Inc.

Upholding Asylum Confidentiality: Zhen Nan Lin v. DOJ Affirms 8 C.F.R. § 208.6 Protections