2d Circuit Case Commentaries

Calorie Labeling on Menus: Upholding Local Regulations Against Federal Preemption and First Amendment Challenges

Date: Feb 18, 2009

Calorie Labeling on Menus: Upholding Local Regulations Against Federal Preemption and First Amendment Challenges Introduction The case of New York State Restaurant Association v. New York City Board...

Dismissal with Prejudice for Pro Se Litigants: Insights from Agiwal v. Mid Island Mortgage Corp.

Date: Feb 14, 2009

Dismissal with Prejudice for Pro Se Litigants: Insights from Agiwal v. Mid Island Mortgage Corp. Introduction The case Baijnath Agiwal v. Mid Island Mortgage Corp., 555 F.3d 298 (2d Cir. 2009),...

Judicial Admissions Bind Petitioners: Comprehensive Analysis of Hoodho v. Holder

Date: Feb 7, 2009

Judicial Admissions Bind Petitioners: Comprehensive Analysis of Hoodho v. Holder Introduction The case of Mahiram Hoodho v. Eric H. Holder, Jr. adjudicated by the United States Court of Appeals for...

Second Circuit Upholds School District's IEP Procedures under IDEA

Date: Feb 4, 2009

Second Circuit Upholds School District's IEP Procedures under IDEA Introduction The case of T.P. and S.P. v. Mamaroneck Union Free School District addresses the procedural and substantive obligations...

Second Circuit Clarifies Limited Scope of Buyer-Seller Exception in Drug Conspiracy Cases

Date: Feb 4, 2009

Second Circuit Clarifies Limited Scope of Buyer-Seller Exception in Drug Conspiracy Cases 1. Introduction In UNITED STATES of America v. Da, 554 F.3d 230 (2d Cir. 2009), the United States Court of...

Affirmation of Summary Judgment in Mel v. WRIGHT, Jr.: Establishing Limits on Prisoners' Eighth Amendment and Retaliation Claims

Date: Feb 4, 2009

Affirmation of Summary Judgment in Mel v. WRIGHT, Jr.: Establishing Limits on Prisoners' Eighth Amendment and Retaliation Claims Introduction Mel v. WRIGHT, Jr. (554 F.3d 255) is a pivotal case...

Expanding ATS Jurisdiction to Customary International Law Violations: Abdullahi v. Pfizer, Inc.

Date: Jan 31, 2009

Expanding ATS Jurisdiction to Customary International Law Violations: Abdullahi v. Pfizer, Inc. Introduction In Abdullahi v. Pfizer, Inc., the United States Court of Appeals for the Second Circuit...

Second Circuit Sets Precedent on Enforceability of Class Action Waivers in Arbitration Clauses Regarding Antitrust Claims

Date: Jan 31, 2009

Second Circuit Sets Precedent on Enforceability of Class Action Waivers in Arbitration Clauses Regarding Antitrust Claims Introduction In the landmark case In re American Express Merchants'...

Examination of Public Trial Rights in Robert Gibbons v. Richard A. Savage

Date: Jan 29, 2009

Examination of Public Trial Rights in Robert Gibbons v. Richard A. Savage Introduction The case of Robert Gibbons v. Richard A. Savage, reported in 555 F.3d 112 (2009), serves as a pivotal...

Nexus Requirement for Imminent Danger Exception under PLRA: Pettus v. Morgenthau et al.

Date: Jan 29, 2009

Nexus Requirement for Imminent Danger Exception under PLRA: Pettus v. Morgenthau et al. Introduction The case of James Pettus v. Robert Morgenthau, Charles Hynes, et al. addresses a critical...

Enforcing Procedural Compliance in Pro Se Prisoner Civil Rights Litigation: An Analysis of Anthony Cusamano v. SOBEK, et al.

Date: Jan 27, 2009

Enforcing Procedural Compliance in Pro Se Prisoner Civil Rights Litigation: An Analysis of Anthony Cusamano v. SOBEK, et al. Introduction The case of Anthony Cusamano v. SOBEK, et al. addresses...

Ensuring Access to Case Law for Pro Se Litigants: Insights from Elvin LeBron v. Thomas C. Sanders

Date: Jan 27, 2009

Ensuring Access to Case Law for Pro Se Litigants: Insights from Elvin LeBron v. Thomas C. Sanders Introduction The case of Elvin LeBron v. Thomas C. Sanders (553 F.3d 152) addresses critical issues...

Eligibility for Sentencing Reduction Under the Crack Amendments: United States v. McGee

Date: Jan 24, 2009

Eligibility for Sentencing Reduction Under the Crack Amendments: United States v. McGee Introduction The case of United States of America v. Darius Durand McGee, adjudicated by the United States...

Prosecutorial Accountability in Expert Testimony: Insights from DRAKE v. PORTUONDO

Date: Jan 24, 2009

Prosecutorial Accountability in Expert Testimony: Insights from DRAKE v. PORTUONDO Introduction DRAKE v. PORTUONDO, 553 F.3d 230 (2d Cir. 2009), is a pivotal case that underscores the paramount...

Second Circuit Overturns Denial of Attorney's Fees and Prejudgment Interest in ERISA Disability Case

Date: Jan 24, 2009

Second Circuit Overturns Denial of Attorney's Fees and Prejudgment Interest in ERISA Disability Case Introduction The case of Zbigniew Slupinski, Plaintiff-Appellant, v. First Unum Life Insurance...

Second Circuit Affirms Dismissal of JP Morgan Chase Securities Fraud Claims Due to Lack of Materiality and Scienter

Date: Jan 22, 2009

Second Circuit Affirms Dismissal of JP Morgan Chase Securities Fraud Claims Due to Lack of Materiality and Scienter Introduction In the case of ECA and LOCAL 134 IBEW Joint Pension Trust of Chicago...

Deference to Administrative Expertise in IDEA IEP Evaluations: Insights from A.C. and M.C. v. Board of Education of Chappaqua Central School District

Date: Jan 17, 2009

Deference to Administrative Expertise in IDEA IEP Evaluations: Insights from A.C. and M.C. v. Board of Education of Chappaqua Central School District Introduction In the landmark case A.C. and M.C.,...

Second Circuit Clarifies Required Adjudication of Discriminatory Intent in Batson Challenges

Date: Jan 10, 2009

Second Circuit Clarifies Required Adjudication of Discriminatory Intent in Batson Challenges Introduction In the landmark case of Seth Dolphy v. Dominic Mantello, 552 F.3d 236 (2d Cir. 2009), the...

Second Circuit Establishes Reasonable Suspicion of Traffic Violation as Sufficient for Lawful Traffic Stops under the Fourth Amendment

Date: Jan 9, 2009

Second Circuit Establishes Reasonable Suspicion of Traffic Violation as Sufficient for Lawful Traffic Stops under the Fourth Amendment Introduction In the landmark case United States of America v....

Resentencing Limitations Under 18 U.S.C. § 3582(c)(2) Post-Guidelines Amendments: Analysis of United States v. Lewis

Date: Jan 8, 2009

Resentencing Limitations Under 18 U.S.C. § 3582(c)(2) Post-Guidelines Amendments: Analysis of United States v. Lewis Introduction United States v. Saquan Lewis, 551 F.3d 182 (2d Cir. 2009), addresses...