2d Circuit Case Commentaries

Affirming Jury Sovereignty in Assessing Credibility: Coté v. United States

Date: Sep 25, 2008

Affirming Jury Sovereignty in Assessing Credibility: Coté v. United States Introduction The case of United States of America v. Paul M. Coté (544 F.3d 88) serves as a pivotal precedent in reinforcing...

United States v. Magassouba: Clarifying Authority Under 18 U.S.C. §4241(d)

Date: Sep 20, 2008

United States v. Magassouba: Clarifying Authority Under 18 U.S.C. §4241(d) Introduction In the landmark case United States v. Moustapha Magassouba, decided by the United States Court of Appeals for...

Second Circuit Establishes Enhanced Burden-Shifting in ADA Accessibility Compliance

Date: Sep 19, 2008

Second Circuit Establishes Enhanced Burden-Shifting in ADA Accessibility Compliance Introduction The case of Roberts, Lee, and the Suffolk Independent Living Organization (SILO) v. Royal Atlantic...

Controlled Substance Offense Definition Clarified: United States v. Savage

Date: Sep 19, 2008

Controlled Substance Offense Definition Clarified: United States v. Savage Introduction In the case of United States of America v. Lavon Savage, decided by the United States Court of Appeals for the...

Limitations on Estoppel in Compelling Arbitration for Non-Signatories: Analysis of Sokol Holdings, Inc. v. BMB Munai, Inc.

Date: Sep 19, 2008

Limitations on Estoppel in Compelling Arbitration for Non-Signatories: Analysis of Sokol Holdings, Inc. v. BMB Munai, Inc. Introduction The case of Sokol Holdings, Inc., Brian Savage, and Thomas...

Continued RICO Enterprise Meets Statute of Limitations: Second Circuit Reverses District Court in United States v. Eppolito and Caracappa

Date: Sep 18, 2008

Continued RICO Enterprise Meets Statute of Limitations: Second Circuit Reverses District Court in United States v. Eppolito and Caracappa Introduction United States of America v. Louis Eppolito and...

Judicial Impartiality and Recusal in the Face of Defendant Threats: Analysis of In re Vincent Basiano

Date: Sep 18, 2008

Judicial Impartiality and Recusal in the Face of Defendant Threats: Analysis of In re Vincent Basiano Introduction In the case of In re Vincent Basiano, the United States Court of Appeals for the...

Exclusive Licensing Structures and Antitrust Implications: MLBP v. Salvino

Date: Sep 13, 2008

Exclusive Licensing Structures and Antitrust Implications: MLBP v. Salvino Introduction The case of Major League Baseball Properties, Inc. v. Salvino, Inc. (542 F.3d 290) presents a significant...

Defining Official Capacity and Municipal Liability under §1983: A Comprehensive Analysis of Roe v. City of Waterbury

Date: Sep 12, 2008

Defining Official Capacity and Municipal Liability under §1983: A Comprehensive Analysis of Roe v. City of Waterbury Introduction The case of Susan Roe, Jr., Jane Doe, Jr. v. The City of Waterbury,...

Certified Mail Sufficiency in Tax Foreclosure Proceedings Upheld: Miner v. Clinton County

Date: Sep 6, 2008

Certified Mail Sufficiency in Tax Foreclosure Proceedings Upheld: Miner v. Clinton County Introduction In the landmark case of Miner v. Clinton County, decided on September 5, 2008, the United States...

Extending RICO Conspiracy Liability Beyond Individual Predicate Acts: United States v. Yannotti

Date: Sep 5, 2008

Extending RICO Conspiracy Liability Beyond Individual Predicate Acts: United States v. Yannotti Introduction United States v. Michael Yannotti, 541 F.3d 112 (2d Cir. 2008), is a significant appellate...

Reestablishing Judicial Jurisdiction in Immigration Status Adjustment: Sharkey v. Quarantillo

Date: Sep 4, 2008

Reestablishing Judicial Jurisdiction in Immigration Status Adjustment: Sharkey v. Quarantillo Decision Introduction The case of Felipa Sharkey v. Andrea Quarantillo presents a significant legal...

Establishing Standing under RICO: City of New York v. Smokes-Spirits.com, Inc., et al.

Date: Sep 3, 2008

Establishing Standing under RICO: City of New York v. Smokes-Spirits.com, Inc., et al. Introduction In the landmark case City of New York v. Smokes-Spirits.com, Inc., et al., decided on September 2,...

Affirmation of Drug-Related Murder Conviction Under 21 U.S.C. § 848(e)(1)(A)

Date: Sep 3, 2008

Affirmation of Drug-Related Murder Conviction Under 21 U.S.C. § 848(e)(1)(A) Introduction The case of UNITED STATES of America v. Manuel Santos (541 F.3d 63) adjudicated by the United States Court of...

State-Influenced Corporate Policies and the Sixth Amendment: Insights from Stein v. United States

Date: Aug 29, 2008

State-Influenced Corporate Policies and the Sixth Amendment: Insights from Stein v. United States Introduction The case of United States of America v. Jeffrey Stein, John Lanning, Richard Smith,...

Affirmation of Dismissal for Failure to State Claims in HANLY v. POWELL GOLDSTEIN: Implications for Personal Jurisdiction and Pleading Standards

Date: Aug 27, 2008

Affirmation of Dismissal for Failure to State Claims in HANLY v. POWELL GOLDSTEIN: Implications for Personal Jurisdiction and Pleading Standards Introduction The case of Paul J. Hanly, Jr. and The...

Defining Personal Jurisdiction in PACA-Related Default Judgments and Appeal Procedures: DiSapio v. "R" Best Produce

Date: Aug 27, 2008

Defining Personal Jurisdiction in PACA-Related Default Judgments and Appeal Procedures: DiSapio v. "R" Best Produce Introduction The case of "R" Best Produce, Inc. v. Carmine DiSapio, Sr. and Carmine...

Determining Maritime Contracts and Prejudgment Attachments: Insights from Williamson v. Recovery Limited Partnership

Date: Aug 23, 2008

Determining Maritime Contracts and Prejudgment Attachments: Insights from Williamson v. Recovery Limited Partnership Introduction The case of Michael Williamson, Estate of Don C. Craft, et al. v....

Enforcing Consent Clauses in Insurance Settlements: Second Circuit Upholds California Good Faith Standards

Date: Aug 20, 2008

Enforcing Consent Clauses in Insurance Settlements: Second Circuit Upholds California Good Faith Standards Introduction In the case of Bernard L. Schwartz v. Liberty Mutual Insurance Company et al....

Affirmation of Reasonable Attorneys' Fees Award under the PSLRA in In re Nortel Networks Corp. Securities Litigation

Date: Aug 20, 2008

Affirmation of Reasonable Attorneys' Fees Award under the PSLRA in In re Nortel Networks Corp. Securities Litigation Introduction The case In re Nortel Networks Corp. Securities Litigation,...