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  • Commentaries
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2d Circuit Case Commentaries

Clarifying Standards for Modified Allen Charges in Jury Deadlock: Spears v. Greiner

Clarifying Standards for Modified Allen Charges in Jury Deadlock: Spears v. Greiner

Date: Aug 3, 2006
Clarifying Standards for Modified Allen Charges in Jury Deadlock: Spears v. Greiner Introduction Cory Spears v. Charles Greiner, 459 F.3d 200 (2d Cir. 2006), is a pivotal case that delves into the...
Adherence to § 3553(c)(2): Mandating Written Reasons for Non-Guidelines Sentences in United States v. Jones

Adherence to § 3553(c)(2): Mandating Written Reasons for Non-Guidelines Sentences in United States v. Jones

Date: Aug 3, 2006
Adherence to § 3553(c)(2): Mandating Written Reasons for Non-Guidelines Sentences Introduction United States of America v. Eric Jones, 460 F.3d 191 (2d Cir. 2006), presents a pivotal analysis of the...
Restricting the Vacatur of Maritime Attachments: Insights from AQUA STOLI SHIPPING LTD. v. GARDNER SMITH PTY LTD.

Restricting the Vacatur of Maritime Attachments: Insights from AQUA STOLI SHIPPING LTD. v. GARDNER SMITH PTY LTD.

Date: Aug 1, 2006
Restricting the Vacatur of Maritime Attachments: Insights from AQUA STOLI SHIPPING LTD. v. GARDNER SMITH PTY LTD. Introduction The case of AQUA STOLI SHIPPING LTD. v. GARDNER SMITH PTY LTD. addresses...
Harris Presumption Applied in AEDPA Merits Determination: Insights from Jimenez v. Walker

Harris Presumption Applied in AEDPA Merits Determination: Insights from Jimenez v. Walker

Date: Aug 1, 2006
Harris Presumption Applied in AEDPA Merits Determination: Insights from Jimenez v. Walker Introduction In the landmark case of Jimenez v. Walker, 458 F.3d 130 (2d Cir. 2006), the United States Court...
Immunity Disputes in Securities Fraud: Ebbers v. United States Commentary

Immunity Disputes in Securities Fraud: Ebbers v. United States Commentary

Date: Jul 29, 2006
Immunity Disputes in Securities Fraud: Ebbers v. United States Commentary Introduction The case of United States of America v. Bernard J. Ebbers represents a pivotal moment in the jurisprudence of...
Second Circuit Establishes Ancillary Proceedings as Adequate Remedy Over Rule 41(g) for Third-Party Claims in Criminal Forfeiture Actions

Second Circuit Establishes Ancillary Proceedings as Adequate Remedy Over Rule 41(g) for Third-Party Claims in Criminal Forfeiture Actions

Date: Jul 29, 2006
Second Circuit Establishes Ancillary Proceedings as Adequate Remedy Over Rule 41(g) for Third-Party Claims in Criminal Forfeiture Actions Introduction The case Piedade Pedro DE ALMEIDA, Harber...
Reimbursement for Private School Tuition Under IDEA: Parental Rights and Public Agency Obligations

Reimbursement for Private School Tuition Under IDEA: Parental Rights and Public Agency Obligations

Date: Jul 28, 2006
Reimbursement for Private School Tuition Under IDEA: Parental Rights and Public Agency Obligations Introduction The case of FRANK G. and Dianne G., Parents of a Disabled Student, Anthony G. versus...
Second Circuit Clarifies 'Prevailing Party' Status under Rule 54(d) in Forum Non Conveniens Dismissal

Second Circuit Clarifies 'Prevailing Party' Status under Rule 54(d) in Forum Non Conveniens Dismissal

Date: Jul 28, 2006
Second Circuit Clarifies 'Prevailing Party' Status under Rule 54(d) in Forum Non Conveniens Dismissal Introduction In the landmark case of Yeheskel Dattner v. Conagra Foods, Inc., 458 F.3d 98 (2d...
Constructive Receipt and Rescission of In Absentia Removal Orders: The Maghradze Decision

Constructive Receipt and Rescission of In Absentia Removal Orders: The Maghradze Decision

Date: Jul 27, 2006
Constructive Receipt and Rescission of In Absentia Removal Orders: The Maghradze Decision Introduction The case of Giorgi Maghradze v. Alberto R. Gonzales addresses critical issues surrounding the...
Aggregate Charitable Contribution Safe Harbor in Bankruptcy: Universal Church v. Geltzer

Aggregate Charitable Contribution Safe Harbor in Bankruptcy: Universal Church v. Geltzer

Date: Jul 27, 2006
Aggregate Charitable Contribution Safe Harbor in Bankruptcy: Universal Church v. Geltzer Introduction Universal Church, Appellant v. Robert L. Geltzer, as Trustee of the Estate of Darnelle Boisrond...
Affirmation of Denial of Qualified Immunity in Civil Rights Conspiracy under 42 U.S.C. §1985(3)

Affirmation of Denial of Qualified Immunity in Civil Rights Conspiracy under 42 U.S.C. §1985(3)

Date: Jul 26, 2006
Affirmation of Denial of Qualified Immunity in Civil Rights Conspiracy under 42 U.S.C. §1985(3) Introduction The case of Don Juan Britt v. Maria E. Garcia et al. illustrates the complexities...
Second Circuit Establishes Procedural Safeguards for ERISA Section 502(a)(2) Claims

Second Circuit Establishes Procedural Safeguards for ERISA Section 502(a)(2) Claims

Date: Jul 22, 2006
Second Circuit Establishes Procedural Safeguards for ERISA Section 502(a)(2) Claims Introduction In Karen B. Coan v. Alan H. Kaufman, 457 F.3d 250 (2d Cir. 2006), the United States Court of Appeals...
Enforcement of Rule 12(b)(6) Conversion in GLOBAL NETWORK COMMUNICATIONS v. CITY OF NEW YORK

Enforcement of Rule 12(b)(6) Conversion in GLOBAL NETWORK COMMUNICATIONS v. CITY OF NEW YORK

Date: Jul 22, 2006
Enforcement of Rule 12(b)(6) Conversion in GLOBAL NETWORK COMMUNICATIONS v. CITY OF NEW YORK Introduction Global Network Communications, Inc. v. City of New York is a pivotal case adjudicated by the...
Second Circuit Holds FRSA Does Not Preempt FELA Claims for Employer's Failure to Provide Hearing Protection

Second Circuit Holds FRSA Does Not Preempt FELA Claims for Employer's Failure to Provide Hearing Protection

Date: Jul 21, 2006
Second Circuit Holds FRSA Does Not Preempt FELA Claims for Employer's Failure to Provide Hearing Protection Introduction The case of Vito Tufariello v. Long Island Rail Road Company (458 F.3d 80)...
Second Circuit Reiterates the Significance of Equitable Relief under Rule 68 for Title VII Retaliation Cases

Second Circuit Reiterates the Significance of Equitable Relief under Rule 68 for Title VII Retaliation Cases

Date: Jul 21, 2006
Second Circuit Reiterates the Significance of Equitable Relief under Rule 68 for Title VII Retaliation Cases Introduction In Reiter v. MTA New York City Transit Authority, 457 F.3d 224 (2d Cir....
Establishing Implied Discrimination Claims within EEOC Retaliation Complaints: Insights from Williams v. NYCHA

Establishing Implied Discrimination Claims within EEOC Retaliation Complaints: Insights from Williams v. NYCHA

Date: Jul 20, 2006
Establishing Implied Discrimination Claims within EEOC Retaliation Complaints: Insights from Williams v. NYCHA Introduction Gina Williams v. New York City Housing Authority (NYCHA) is a landmark case...
Enforcement of Timeliness in Title VII Claims: McPherson v. NYC Department of Education

Enforcement of Timeliness in Title VII Claims: McPherson v. NYC Department of Education

Date: Jul 14, 2006
Enforcement of Timeliness in Title VII Claims: McPherson v. NYC Department of Education Introduction The case of Louise McPherson v. New York City Department of Education (457 F.3d 211) adjudicated...
Second Circuit Defines 'Obtaining Property' Under Hobbs Act Post-Scheidler II

Second Circuit Defines 'Obtaining Property' Under Hobbs Act Post-Scheidler II

Date: Jul 13, 2006
Second Circuit Defines 'Obtaining Property' Under Hobbs Act Post-Scheidler II Introduction The case of United States of America v. Peter Gotti et al., decided on July 12, 2006, by the United States...
Unpaid Leave Recognized as Reasonable Accommodation under ADA: Insights from Graves v. Finch Pruyn

Unpaid Leave Recognized as Reasonable Accommodation under ADA: Insights from Graves v. Finch Pruyn

Date: Jul 13, 2006
Unpaid Leave Recognized as Reasonable Accommodation under ADA: Insights from Graves v. Finch Pruyn Introduction The decision in Graves v. Finch Pruyn Company, Inc. (457 F.3d 181, 2d Cir. 2006) marks...
Ownership of Martha Graham's Works: Second Circuit Affirms Center's Rights Over Seven Dances

Ownership of Martha Graham's Works: Second Circuit Affirms Center's Rights Over Seven Dances

Date: Jul 12, 2006
Ownership of Martha Graham's Works: Second Circuit Affirms Center's Rights Over Seven Dances Introduction The case of Martha Graham School and Dance Foundation, Inc., and Ronald Protas, Indi v....
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