2d Circuit Case Commentaries

Second Circuit Clarifies Limits of Probable Cause Presumptions and Qualified Immunity in §1983 Claims: McClellan v. Smith

Date: Feb 25, 2006

Second Circuit Clarifies Limits of Probable Cause Presumptions and Qualified Immunity in §1983 Claims: McClellan v. Smith Introduction In the landmark case of Frank McClellan v. Steven Smith, decided...

Establishing Probable Cause Standards in False Arrest Claims: Insights from Jaegly v. Couch

Date: Feb 25, 2006

Establishing Probable Cause Standards in False Arrest Claims: Insights from Jaegly v. Couch Introduction In Robert Jaegly, Jr. v. Matthew Couch et al., the United States Court of Appeals for the...

Enforceability of Directed Organ Donations Under New York Public Health Law: Colavito v. NY Organ Donor Network

Date: Feb 24, 2006

Enforceability of Directed Organ Donations Under New York Public Health Law: Colavito v. NY Organ Donor Network Introduction The case Robert Colavito v. New York Organ Donor Network, Inc. et al. (438...

Ensuring Fairness in Asylum Proceedings: Right to Address Non-Dramatic Inconsistencies

Date: Feb 22, 2006

Ensuring Fairness in Asylum Proceedings: Right to Address Non-Dramatic Inconsistencies Introduction Case: Ming Shi Xue, Petitioner, v. Board of Immigration Appeals, U.S. Department of Justice,...

Wei Guang Wang v. Board of Immigration Appeals: Reopening Deportation Proceedings

Date: Feb 18, 2006

Wei Guang Wang v. Board of Immigration Appeals: Reopening Deportation Proceedings Introduction The case of Wei Guang Wang v. Board of Immigration Appeals (437 F.3d 270) centers around petitioner's...

Second Circuit Affirms NLRB's Authority to Enforce Nationwide Subpoenas in Unfair Labor Practice Investigations

Date: Feb 18, 2006

Second Circuit Affirms NLRB's Authority to Enforce Nationwide Subpoenas in Unfair Labor Practice Investigations Introduction The case of NATIONAL LABOR RELATIONS BOARD v. AMERICAN MEDICAL RESPONSE,...

Procedural Default and Habeas Corpus: Insights from Edwards v. Fischer

Date: Feb 8, 2006

Procedural Default and Habeas Corpus: Insights from Edwards v. Fischer Introduction The case of Thomas Edwards v. Brian Fischer, adjudicated in the United States District Court for the Southern...

Preservation of Diversity Jurisdiction for Private TCPA Claims: GOTTLIEB v. CARNIVAL CORPoration

Date: Feb 4, 2006

Preservation of Diversity Jurisdiction for Private TCPA Claims: GOTTLIEB v. CARNIVAL CORPoration Introduction Case: Sherman Gottlieb, Plaintiff-Appellant, v. Carnival Corporation, Defendant-Appellee....

Second Circuit Establishes Grounds for First Amendment Retaliation Claims Against Health Regulators in Beechwood Restorative Care Center v. Chambery

Date: Feb 1, 2006

Second Circuit Establishes Grounds for First Amendment Retaliation Claims Against Health Regulators in Beechwood Restorative Care Center v. Chambery Introduction Beechwood Restorative Care Center v....

Enforcing Arbitration in Bankruptcy Proceedings: MBNA America Bank, N.A. v. Kathleen A. Hill

Date: Jan 26, 2006

Enforcing Arbitration in Bankruptcy Proceedings: MBNA America Bank, N.A. v. Kathleen A. Hill Introduction The case of MBNA America Bank, N.A. v. Kathleen A. Hill, adjudicated by the United States...

Prioritizing Article III Standing Over Statutory Standing: Insights from Alliance for Environmental Renewal v. Pyramid Crossgates Co.

Date: Jan 25, 2006

Prioritizing Article III Standing Over Statutory Standing: Insights from Alliance for Environmental Renewal v. Pyramid Crossgates Co. Introduction The case of Alliance for Environmental Renewal, Inc....

Kassan Supreme Messiah v. Duncan: Affirmation of Adequate Batson Rulings in Peremptory Challenges

Date: Jan 20, 2006

Kassan Supreme Messiah v. Duncan: Affirmation of Adequate Batson Rulings in Peremptory Challenges Introduction Kassan Supreme Messiah v. Phillip Duncan, Superintendent of Great Meadow Correctional...

Reinterpretation of 'Last Arrival' in Asylum Timeliness under IIRIRA: Porras v. Gonzales

Date: Jan 19, 2006

Reinterpretation of 'Last Arrival' in Asylum Timeliness under IIRIRA: Porras v. Gonzales Introduction Jose Joaquin-Porras v. Alberto Gonzales is a pivotal 2006 case adjudicated by the United States...

Cekic v. INS: Clarifying Standards for Ineffective Assistance and Equitable Tolling in Immigration Proceedings

Date: Jan 19, 2006

Cekic v. INS: Clarifying Standards for Ineffective Assistance and Equitable Tolling in Immigration Proceedings Introduction Edin Cekic and Samka Cekic, along with their daughter Ines, are citizens of...

Credibility Findings Based on Implausibility in Asylum Denials: Insights from Chen v. BIA

Date: Jan 13, 2006

Credibility Findings Based on Implausibility in Asylum Denials: Insights from Chen v. BIA Introduction In the landmark case of Ming Xia Chen, Petitioner, v. Board of Immigration Appeals (435 F.3d...

Interpreting 'Questions of Law' under the REAL ID Act: A Comprehensive Analysis of Xiao Ji Chen v. DOJ

Date: Jan 12, 2006

Interpreting 'Questions of Law' under the REAL ID Act: A Comprehensive Analysis of Xiao Ji Chen v. DOJ Introduction The case of Xiao Ji Chen v. United States Department of Justice presents a pivotal...

Appellate Review of Remand Orders Based on Procedural Defects: The Second Circuit's Guidance in Mitskovski v. Buffalo and Fort Erie Public Bridge Authority