2d Circuit Case Commentaries

Enforceability of Gaming Contracts Under IGRA: Second Circuit Affirms Voidity Without NIGC Approval in Catskill Development v. Park Place

Date: Oct 22, 2008

Enforceability of Gaming Contracts Under IGRA: Second Circuit Affirms Voidity Without NIGC Approval in Catskill Development v. Park Place Introduction The case of Catskill Development, L.L.C., Mohawk...

Establishing Conspiracy Through Buyer-Seller Dynamics: Analysis of United States v. Hawkins

Date: Oct 17, 2008

Establishing Conspiracy Through Buyer-Seller Dynamics: Analysis of United States v. Hawkins Introduction In the appellate case United States of America v. Warren Hawkins, the United States Court of...

Enforcing Regulatory Compliance in Disability Evaluations: Insights from Kohler v. Astrue

Date: Oct 17, 2008

Enforcing Regulatory Compliance in Disability Evaluations: Insights from Kohler v. Astrue Introduction Kathy Kohler, a 51-year-old diagnosed with bipolar disorder, filed a petition for Social...

SYBALSKI v. INDEPENDENT GROUP HOME LIVING PROGRAM, Inc.: Defining State Action in §1983 Claims

Date: Oct 16, 2008

SYBALSKI v. INDEPENDENT GROUP HOME LIVING PROGRAM, Inc.: Defining State Action in §1983 Claims Introduction SYBALSKI v. INDEPENDENT GROUP HOME LIVING PROGRAM, Inc. is a significant appellate decision...

Defining 'Lascivious Exhibition' in Child Pornography: Analysis of United States v. Rivera

Date: Oct 16, 2008

Defining 'Lascivious Exhibition' in Child Pornography: Analysis of United States v. Rivera Introduction The case of United States v. Rivera (546 F.3d 245, 2d Cir. 2008) represents a significant...

Handle With Care v. Management System, Inc. – Clarifying Contractual License Ambiguity in Copyright and Antitrust Law

Date: Oct 15, 2008

Handle With Care v. Management System, Inc. Bruce Chapman and Handle With Care Behavior Management System, Inc., Plaintiffs-Appellants, v. Management System, Inc., et al., 546 F.3d 230 (2d Cir. 2008)...

Clarifying At-Issue Waiver of Attorney-Client Privilege: Pritchard v. County of Erie

Date: Oct 15, 2008

Clarifying At-Issue Waiver of Attorney-Client Privilege: Pritchard v. County of Erie Introduction The case of Pritchard v. County of Erie, heard by the United States Court of Appeals for the Second...

Second Circuit Sets New Standard for Sufficiency of Evidence in Money Laundering Conspiracy Cases: United States v. Huezo

Date: Oct 15, 2008

Second Circuit Sets New Standard for Sufficiency of Evidence in Money Laundering Conspiracy Cases: United States v. Huezo Introduction In the landmark case of United States v. Huezo, decided by the...

Teamsters v. Bombardier: Affirmation of Preponderance of Evidence Standard for Rule 23(b)(3) Class Certification in Securities Fraud Actions

Date: Oct 15, 2008

Teamsters v. Bombardier: Affirmation of Preponderance of Evidence Standard for Rule 23(b)(3) Class Certification in Securities Fraud Actions Introduction In the landmark case Teamsters Local 445...

Second Circuit Upholds BIA's Case-by-Case Framework for Chinese Asylum Claims Based on One-Child Policy Enforcement

Date: Oct 11, 2008

Second Circuit Upholds BIA's Case-by-Case Framework for Chinese Asylum Claims Based on One-Child Policy Enforcement Introduction The case of Jian Hui Shao, Petitioner, v. Michael B. Mukasey, Attorney...

Defining the Least Restrictive Environment under IDEA: An Analysis of P. v. Newington Bd. of Ed.

Date: Oct 10, 2008

Defining the Least Restrictive Environment under IDEA: An Analysis of P. v. Newington Bd. of Ed. Introduction The case P., by and through his Parents/Next Friends, Mr. and Mrs. P.,...

Unconstitutional Strip Searches and Qualified Immunity: Hartline v. Village of Southampton

Date: Oct 9, 2008

Unconstitutional Strip Searches and Qualified Immunity: Hartline v. Village of Southampton Introduction Hartline v. Village of Southampton, 546 F.3d 95 (2d Cir. 2008), is a pivotal case addressing...

Ajlani v. Chertoff: Judicial Limitations on Naturalization Relief Amid Pending Removal Proceedings

Date: Oct 8, 2008

Ajlani v. Chertoff: Judicial Limitations on Naturalization Relief Amid Pending Removal Proceedings Introduction In Majed Ajlani v. Michael Chertoff et al., the United States Court of Appeals for the...

The Mejia Decision: Constraints on Law Enforcement Expert Testimony under Rule 702 and the Sixth Amendment

Date: Oct 7, 2008

The Mejia Decision: Constraints on Law Enforcement Expert Testimony under Rule 702 and the Sixth Amendment Introduction In the landmark case of UNITED STATES of America v. Leonel Mejia, decided on...

Definitive Agreements and Disclosure Duties: Insights from Vacold LLC v. Cerami

Date: Oct 3, 2008

Definitive Agreements and Disclosure Duties: Insights from Vacold LLC v. Cerami Introduction Vacold LLC, Immunotherapy, Inc. v. Anthony Cerami, Carla Cerami, VLN LLC and Cerami Consulting Corporation...

Arbitrability of SOX Whistleblower Claims: Insights from Guyden v. Aetna Inc.

Date: Oct 3, 2008

Arbitrability of SOX Whistleblower Claims: Insights from Guyden v. Aetna Inc. Introduction In the landmark case of Linda C. Guyden v. Aetna Inc., 544 F.3d 376 (2d Cir. 2008), the United States Court...

Cumulative Rule 403 Evidentiary Errors and Denial of a Fair Trial: United States v. Al-Moayad and Zayed

Date: Oct 3, 2008

Cumulative Rule 403 Evidentiary Errors and Denial of a Fair Trial: United States v. Al-Moayad and Zayed Introduction United States v. Mohammed Ali Al-Moayad and Mohammed Mohsen Zayed is a landmark...

Good-Faith Exception Upholds Search Evidence Despite Probable Cause Deficiency in US v. Falso

Date: Sep 26, 2008

Good-Faith Exception Upholds Search Evidence Despite Probable Cause Deficiency in United States v. Falso Introduction United States of America v. David J. Falso, 544 F.3d 110 (2d Cir. 2008), is a...

Brady Violations in Racketeering and Corruption Cases: Insights from United States v. Spadoni

Date: Sep 26, 2008

Brady Violations in Racketeering and Corruption Cases: Insights from United States v. Spadoni Introduction The case of United States v. Spadoni (544 F.3d 149, 2d Cir. 2008) serves as a pivotal...

Multiplicity under 18 U.S.C. § 228: Second Circuit Rules in United States v. Kerley

Date: Sep 26, 2008

Multiplicity under 18 U.S.C. § 228: Second Circuit Rules in United States v. Kerley Introduction In the landmark case of United States v. Kerley, the United States Court of Appeals for the Second...