2d Circuit Case Commentaries

Affirmation of Conviction in United States v. Paulino: Evidentiary and Procedural Considerations

Date: Mar 30, 2006

Affirmation of Conviction in United States v. Paulino: Evidentiary and Procedural Considerations Introduction In the case of United States v. Christian Paulino, the United States Court of Appeals for...

FTC v. Verity International: Landmark Ruling on Deceptive Telecommunication Billing Practices

Date: Mar 28, 2006

FTC v. Verity International: Landmark Ruling on Deceptive Telecommunication Billing Practices Introduction The case of Federal Trade Commission (FTC) v. Verity International, Ltd. represents a...

Affirmation of § 3583(e)(3) Constitutionality in Revocation Proceedings: United States v. Carlton

Date: Mar 25, 2006

Affirmation of § 3583(e)(3) Constitutionality in Revocation Proceedings: United States v. Carlton Introduction In United States v. Carlton, 442 F.3d 802 (2d Cir. 2006), the United States Court of...

Presumption of Prejudice in Post-Waiver Ineffective Assistance of Counsel: Analysis of Campusano v. United States

Date: Mar 24, 2006

Presumption of Prejudice in Post-Waiver Ineffective Assistance of Counsel: Analysis of Campusano v. United States Introduction In the landmark case of Jose Campusano v. United States of America, 442...

Establishing the Mastrangelo Exception in Supervised Release Revocation: United States v. Paul Williams

Date: Mar 23, 2006

Establishing the Mastrangelo Exception in Supervised Release Revocation: United States v. Paul Williams Introduction In the case of United States of America v. Paul Williams, 443 F.3d 35 (2d Cir....

Conflict of Interest and Ancillary Jurisdiction in Joint Representation: Garcia and Alvarez v. Teitler

Date: Mar 23, 2006

Conflict of Interest and Ancillary Jurisdiction in Joint Representation: Garcia and Alvarez v. Teitler Introduction The case of Rene Garcia and Carmen Vazquez Alvarez v. Teitler (443 F.3d 202)...

Due Process and Property Rights in Municipal Seizure: Insights from New Windsor Volunteer Ambulance Corps v. George J. Meyers

Date: Mar 23, 2006

Due Process and Property Rights in Municipal Seizure: Insights from New Windsor Volunteer Ambulance Corps v. George J. Meyers Introduction The case of New Windsor Volunteer Ambulance Corps, Inc. v....

Credibility Standards in Asylum Claims: Rizal v. Gonzales

Date: Mar 22, 2006

Credibility Standards in Asylum Claims: Rizal v. Gonzales Introduction Rizal v. Gonzales is a pivotal case adjudicated by the United States Court of Appeals for the Second Circuit on March 21, 2006....

Reaffirming the Nexus Requirement for Corrupt Intent in Obstruction Cases: United States v. Quattrone

Date: Mar 21, 2006

Reaffirming the Nexus Requirement for Corrupt Intent in Obstruction Cases: United States v. Quattrone Introduction United States of America v. Frank Quattrone is a pivotal case adjudicated by the...

Affirmation of Conspiracy Conviction in United States v. Snype: Upholding Judicial Precedents Post-Crawford

Date: Mar 18, 2006

Affirmation of Conspiracy Conviction in United States v. Snype: Upholding Judicial Precedents Post-Crawford Introduction The case of United States of America v. Vernon Snype (441 F.3d 119) represents...

Second Circuit Clarifies Credibility and Government Involvement Standards in Asylum Claims: Pavlova v. INS

Date: Mar 15, 2006

Second Circuit Clarifies Credibility and Government Involvement Standards in Asylum Claims: Pavlova v. INS Introduction Pavlova v. Immigration and Naturalization Service (INS) is a pivotal case...

Establishing Fiduciary Duty of Plan Administrators Under ERISA: Insights from Bouboulis v. Transport Workers Union

Date: Mar 15, 2006

Establishing Fiduciary Duty of Plan Administrators Under ERISA: Insights from Bouboulis v. Transport Workers Union Introduction The case of Bouboulis v. Transport Workers Union of Greater New York,...

Vesting of ERISA Disability Benefits Determines Applicable SPD for Standard of Review – Gibbs v. CIGNA

Date: Mar 14, 2006

Vesting of ERISA Disability Benefits Determines Applicable SPD for Standard of Review – Gibbs v. CIGNA Introduction In Elaine B. Gibbs, as Executrix of the Estate of Jeffrey Gibbs, Deceased, v. CIGNA...

Clarifying Subject Matter Jurisdiction in Declaratory Judgment Actions under 28 U.S.C. § 1332

Date: Mar 11, 2006

Clarifying Subject Matter Jurisdiction in Declaratory Judgment Actions under 28 U.S.C. § 1332 Introduction The case of Correspondent Services Corporation v. First Equities Corporation of Florida,...

Holowecki v. Federal Express Corp.: Expanding the Interpretation of EEOC Charges under the ADEA

Date: Mar 9, 2006

Holowecki v. Federal Express Corp.: Expanding the Interpretation of EEOC Charges under the ADEA Introduction In Holowecki et al. v. Federal Express Corporation, the United States Court of Appeals for...

Affirmation of Employer's Defense in Disability Discrimination: FERRARO v. KELLWOOD COMPANY

Date: Mar 8, 2006

Affirmation of Employer's Defense in Disability Discrimination: FERRARO v. KELLWOOD COMPANY Introduction FERRARO v. KELLWOOD COMPANY is a significant appellate decision from the United States Court...

REPUBLIC OF POLAND v. GARB: FSIA Jurisdiction and Sovereign Immunity in Post-War Expropriation Claims

Date: Mar 4, 2006

REPUBLIC OF POLAND v. GARB: FSIA Jurisdiction and Sovereign Immunity in Post-War Expropriation Claims Introduction In Garb v. Republic of Poland, 440 F.3d 579 (2d Cir. 2006), plaintiffs, who are...

Expansion of Federal Criminal Jurisdiction in United States v. Giordano

Date: Mar 4, 2006

Expansion of Federal Criminal Jurisdiction in United States v. Giordano Introduction In United States v. Philip A. Giordano, 442 F.3d 30 (2d Cir. 2006), the United States Court of Appeals for the...

Impact of Roach v. Morse on Medicaid §1983 Claims and Administrative Remedy Exhaustion

Date: Mar 4, 2006

Impact of Roach v. Morse on Medicaid §1983 Claims and Administrative Remedy Exhaustion Introduction Roach v. Morse, 440 F.3d 53 (2d Cir. 2006), is a significant appellate decision that addresses...

Patterson v. Balsamico: Establishing Standards for Punitive Damages and Conflict of Interest in Racial Discrimination Cases

Date: Feb 28, 2006

Patterson v. Balsamico: Establishing Standards for Punitive Damages and Conflict of Interest in Racial Discrimination Cases Introduction The case of Michael Antonio Patterson v. William Balsamico...

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