2d Circuit Case Commentaries

Revising the Standard of Review for ERISA Benefit Denials in Light of Administrator Conflicts of Interest: McCauley v. First Unum

Date: Dec 25, 2008

Revising the Standard of Review for ERISA Benefit Denials in Light of Administrator Conflicts of Interest: McCauley v. First Unum Introduction McCAULEY v. FIRST UNUM LIFE INSURANCE COMPANY is a...

Defining "Government Controlled Corporation" Under the Privacy Act: Stewart Burch v. Pioneer Credit Recovery, Inc.

Date: Dec 23, 2008

Defining "Government Controlled Corporation" Under the Privacy Act: Stewart Burch v. Pioneer Credit Recovery, Inc. Introduction The case of Stewart Burch v. Pioneer Credit Recovery, Inc., adjudicated...

Affirmation of Venue Appropriateness and Standards in Securities Fraud and RICO Cases: United States v. Royer and Elgindy

Date: Dec 18, 2008

Affirmation of Venue Appropriateness and Standards in Securities Fraud and RICO Cases: United States v. Royer and Elgindy Introduction United States of America, Appellee, v. Jeffrey Royer and Amr I....

Enforcement of Mandatory Consecutive Sentencing under 18 U.S.C. § 924(c) in Drug Trafficking Conspiracies: United States v. Chavez and Acosta

Date: Dec 9, 2008

Enforcement of Mandatory Consecutive Sentencing under 18 U.S.C. § 924(c) in Drug Trafficking Conspiracies: United States v. Chavez and Acosta Introduction In the landmark case of United States v....

Ensuring Robust Evidentiary Procedures in Habeas Corpus Petitions: CARRION v. SMITH

Date: Dec 9, 2008

Ensuring Robust Evidentiary Procedures in Habeas Corpus Petitions: CARRION v. SMITH Introduction The case of Carlos Carrion v. Joseph T. Smith (549 F.3d 583) adjudicated by the United States Court of...

Second Circuit Affirms Above-Guidelines Sentence Utilizing Local Conditions: United States v. Cavera

Date: Dec 5, 2008

Second Circuit Affirms Above-Guidelines Sentence Utilizing Local Conditions: United States v. Cavera Introduction In United States v. Cavera, the Second Circuit Court of Appeals addressed the...

Investment Advisor's Constitutional Standing in Securities Litigation: Huff Asset Management Co. v. Deloitte Touche LLP

Date: Dec 4, 2008

Investment Advisor's Constitutional Standing in Securities Litigation: Huff Asset Management Co. v. Deloitte Touche LLP Introduction In the landmark case W.R. Huff Asset Management Co., LLC v....

Reasonable Suspicion and the Scope of Terry Stops: Analyzing United States v. Padilla

Date: Dec 3, 2008

Reasonable Suspicion and the Scope of Terry Stops: Analyzing United States v. Padilla Introduction United States v. Hector Padilla, 548 F.3d 179 (2d Cir. 2008), is a pivotal case that scrutinizes the...

Res Judicata and Declaratory Judgment: Analysis of Giannone v. York Tape Label, Inc.

Date: Dec 3, 2008

Res Judicata and Declaratory Judgment: Analysis of Giannone v. York Tape Label, Inc. Introduction The case of Neil J. Giannone versus York Tape Label, Inc., decided by the United States Court of...

Extraterritorial Application of the Fourth Amendment: In re Terrorist Bombings of U.S. Embassies in East Africa

Date: Nov 25, 2008

Extraterritorial Application of the Fourth Amendment: In re Terrorist Bombings of U.S. Embassies in East Africa Introduction The case of In re Terrorist Bombings of U.S. Embassies in East Africa...

Establishing Legal Standards in Terrorism Convictions: A Comprehensive Analysis of In re Terrorist Bombings of U.S. Embassies in East Africa

Date: Nov 25, 2008

Establishing Legal Standards in Terrorism Convictions: A Comprehensive Analysis of In re Terrorist Bombings of U.S. Embassies in East Africa Introduction The case of In re Terrorist Bombings of U.S....

Enhancing Defendant's Rights: Confrontation Clause and Witness Bias in Figueroa v. United States

Date: Nov 19, 2008

Enhancing Defendant's Rights: Confrontation Clause and Witness Bias in Figueroa v. United States Introduction In the case of United States v. Edwin Figueroa, the United States Court of Appeals for...

Inquiry Notice Standards in Securities Fraud: Ste v. October 2008 Second Circuit Decision

Date: Nov 18, 2008

Inquiry Notice Standards in Securities Fraud: Ste v. October 2008 Second Circuit Decision Introduction The case of Ste v. Staehr et al., decided on November 17, 2008, by the United States Court of...

Reevaluation of Residual Functional Capacity Standards in Social Security Disability Cases

Date: Nov 6, 2008

Reevaluation of Residual Functional Capacity Standards in Social Security Disability Cases Introduction The case of Jean Genier vs. Michael J. Astrue, Commissioner of Social Security (298 F. App'x...

Second Circuit Upholds Class Arbitration in Silent Maritime Arbitration Clauses, Rejecting Manifest Disregard Claim

Date: Nov 5, 2008

Second Circuit Upholds Class Arbitration in Silent Maritime Arbitration Clauses, Rejecting Manifest Disregard Claim Introduction The appellate case of Stolt-Nielsen SA et al. v. AnimalFeeds...

Exclusive Jurisdiction of FECA Over FTCA Claims Established in MATHIRAMPUZHA v. POTTER

Date: Nov 4, 2008

Exclusive Jurisdiction of FECA Over FTCA Claims Established in MATHIRAMPUZHA v. POTTER Introduction In the case of Joseph Mathirampuzha v. John Potter, Postmaster General, United States of America,...

Judicial Oversight in Motion Conversion: Insights from SAHU v. UNION CARBIDE Corp.

Date: Nov 4, 2008

Judicial Oversight in Motion Conversion: Insights from SAHU v. UNION CARBIDE Corp. Introduction SAHU v. UNION CARBIDE Corp. is a pivotal case decided by the United States Court of Appeals for the...

Limitations on Extraterritorial Application of Rule 10b-5: Morrison v. National Australia Bank

Date: Oct 24, 2008

Limitations on Extraterritorial Application of Rule 10b-5: Morrison v. National Australia Bank Introduction The case Robert Morrison, individually and on behalf of all others similarly situated v....

Clarifying Salary-Basis and Administrative Exemption Under FLSA: Insights from Havey v. Homebound Mortgage

Date: Oct 23, 2008

Clarifying Salary-Basis and Administrative Exemption Under FLSA: Insights from Havey v. Homebound Mortgage Introduction The case of Linda Havey v. Homebound Mortgage, Inc. addresses a pivotal issue...

Enforcement of Arbitration Clauses Through Equitable Estoppel: Ross v. American Express

Date: Oct 22, 2008

Enforcement of Arbitration Clauses Through Equitable Estoppel: Ross v. American Express Introduction The case ROSS v. AMERICAN EXPRESS COmpany (547 F.3d 137, Second Circuit, 2008) addresses critical...