Pro Se Relators Barred from Bringing False Claims Act Qui Tam Actions: Second Circuit Affirms Introduction The case of United States of America, ex rel. Mergent Services and John Bal v. Marie...
Second Circuit Rules: Final Removal Orders Impose Motion to Reopen Requirement for Successive Asylum Applications Introduction The case of Yuen Jin, Petitioner v. Michael B. Mukasey, Attorney General...
Forfeiture of §15-108(a) Right to Apportionment Post Summary Judgment: Schipani v. McLeod Introduction In Schipani v. McLeod, 541 F.3d 158 (2d Cir. 2008), the United States Court of Appeals for the...
Statute of Limitations Limits Compensation for Denial of FAPE: Somoza v. NYC Department of Education Introduction In the landmark case of Alba Somoza v. New York City Department of Education, the...
Defining Bankruptcy Estate Ownership: Insights from Charts v. Nationwide Mutual Insurance Company Introduction The case of Chartschlaa and King v. Nationwide Mutual Insurance Company (538 F.3d 116)...
Expanding Foreign Sovereign Immunity: FSIA Protects Individual Government Officials Introduction The case of In re Terrorist Attacks on September 11, 2001 (538 F.3d 71) adjudicated by the United...
Voluntariness of Guilty Pleas and Prosecutorial Disclosures: United States v. Doe Introduction In the landmark case of United States v. John Doe, decided by the United States Court of Appeals for the...
Expanding Legal Remedies: RBC v. American Software Establishes Standards for Second Amended Complaints and Forum Selection Introduction In the case of Roller Bearing Company of America, Inc. (RBC) v....
Balancing Plaintiff Anonymity and Public Interest: Establishing a Standard for Pseudonymous Litigation Introduction In the landmark case of Sealed Plaintiff, Plaintiff-Appellant v. Sealed Defendants,...
Second Circuit Reinforces Controlling Weight of Treating Physician's Opinion in Social Security Disability Claims: Burgess v. Astrue Introduction In Burgess v. Astrue, the United States Court of...
Piercing the Corporate Veil and Non-Duplicative Contract Claims: NetJets Aviation, Inc. v. LHC Communications, LLC Introduction In the case of NetJets Aviation, Inc., and NetJets Sales, Inc. v. LHC...
Affirming Joint Employer Status under FLSA for Temporary Agency Workers: Barfield v. NYC Health and Hospitals Corp. Introduction In the landmark case Anetha Barfield v. New York City Health and...
Disclaimer: This commentary is intended for informational purposes only and does not constitute legal advice. For legal counsel, please consult a qualified attorney. Judicial Affirmation of Social...
Affirmation of Exigent Circumstances in Warrant Validity: Analysis of United States v. Klump Introduction United States of America v. Harold Klump, 536 F.3d 113 (2d Cir. 2008), presents a pivotal...
Court of Appeals Establishes Key Precedent on Copyright Infringement in Digital DVR Systems Introduction In the landmark case CARTOON NETWORK LP, LLLP and Cable News Network L.P., L.L.L.P. v....
Establishing Probable Cause in Fourth Amendment Arrests: A Commentary on United States v. Marino Delossantos and Francisco Rodriguez Introduction The case of United States of America v. Marino...
Affirming Municipal Authority: Limits on Intrastate Travel and First Amendment Protections in Accessing Public Facilities Introduction The case of Charles Williams v. Town of Greenburgh adjudicated...
REAL ID Act's Impact on Credibility Determinations in Asylum Cases: An Analysis of Xiu Xia Lin v. Michael B. Mukasey Introduction The case of Xiu Xia Lin v. Michael B. Mukasey addresses crucial...
Establishing the Necessity of Specific Intent in Conspiracy Convictions: Lorenzo v. USA Introduction The case of United States of America v. Andrea Lorenzo and Julio Lorenzo (534 F.3d 153) serves as...
Strict Upholding of Psychotherapist-Patient Privilege in Civil Litigation: The Sims v. Blot and Caraballo Decision Introduction The case of In re: Nathaniel Sims v. Mike J. Blot and Francisco...