2d Circuit Case Commentaries

Qualified Immunity in Traffic Stops and Pat-Downs: Insights from HOLEMAN v. CITY OF NEW LONDON

Date: Oct 1, 2005

Qualified Immunity in Traffic Stops and Pat-Downs: Insights from HOLEMAN v. CITY OF NEW LONDON Introduction The case of Marion Holeman and Wallace Holeman, Administratrixes of the Estate of Darrel...

Aggregation of Employees Under Title VII: Insights from Arculeo v. On-Site Sales Marketing, LLC

Date: Oct 1, 2005

Aggregation of Employees Under Title VII: Insights from Arculeo v. On-Site Sales Marketing, LLC Introduction In the landmark case of Jennifer Arculeo v. On-Site Sales Marketing, LLC and Sanford...

Grand River Enterprises v. Defendants: Second Circuit Affirms Rule 54(b) Certification and Upholds Personal Jurisdiction in Antitrust Challenge

Date: Sep 29, 2005

Grand River Enterprises v. Defendants: Second Circuit Affirms Rule 54(b) Certification and Upholds Personal Jurisdiction in Antitrust Challenge 1. Introduction Grand River Enterprises Six Nations,...

Affirmation of Administrative Deference in IDEA Cases: Cerra v. Pawling Central School District

Date: Sep 29, 2005

Affirmation of Administrative Deference in IDEA Cases: Cerra v. Pawling Central School District Introduction Cerra v. Pawling Central School District is a significant appellate court decision from...

SEC v. Kern et al.: Reinforcing Securities Registration Compliance and Penalty Enforcement

Date: Sep 28, 2005

SEC v. Kern et al.: Reinforcing Securities Registration Compliance and Penalty Enforcement Introduction The case of SEC v. Richard S. Kern, Donald R. Kern, Charles Wilkins, and related entities (425...

Balancing Supervised Release Conditions with Parental Due Process Rights: Insights from United States v. Myers

Date: Sep 28, 2005

Balancing Supervised Release Conditions with Parental Due Process Rights: Insights from United States v. Myers Introduction The case of United States v. Duane Arthur Myers, 426 F.3d 117 (2d Cir....

Chen v. United States Department of Justice: Enhanced Standards for Asylum Eligibility under Coercive Population Control Policies

Date: Sep 24, 2005

Chen v. United States Department of Justice: Enhanced Standards for Asylum Eligibility under Coercive Population Control Policies Introduction In the landmark case of Chen v. United States Department...

Amendment of Complaints for Attorney's Fees Under Title VII: Insights from Aurecchione v. Schoolman Transportation System

Date: Sep 24, 2005

Amendment of Complaints for Attorney's Fees Under Title VII: Insights from Aurecchione v. Schoolman Transportation System Introduction The case of Carol Aurecchione v. Schoolman Transportation...

Exclusive Distribution Rights and Third-Party Beneficiary Doctrine in Subaru Distributors Corp. v. Subaru of America, Inc.

Date: Sep 22, 2005

Exclusive Distribution Rights and Third-Party Beneficiary Doctrine in Subaru Distributors Corp. v. Subaru of America, Inc. Introduction The case of Subaru Distributors Corp. v. Subaru of America,...

Court Reverses SSA Disability Denial Due to Inadequate Evaluation of Residual Functional Capacity and Credibility Assessment

Date: Sep 17, 2005

Court Reverses SSA Disability Denial Due to Inadequate Evaluation of Residual Functional Capacity and Credibility Assessment Introduction In the landmark case of Susan Matejka v. Jo Anne B. Barnhart,...

General Causation and Expert Testimony Standards Affirmed in Ruggiero v. Warner-Lambert Co.

Date: Sep 17, 2005

General Causation and Expert Testimony Standards Affirmed in Ruggiero v. Warner-Lambert Co. Introduction Ruggiero v. Warner-Lambert Company is a pivotal case decided by the United States Court of...

Mandatory Judicial Reasoning in Sentencing Beyond Guidelines: Analysis of Lewis v. United States

Date: Sep 16, 2005

Mandatory Judicial Reasoning in Sentencing Beyond Guidelines: Analysis of Lewis v. United States Introduction United States of America v. Myrisa V. Lewis, 424 F.3d 239 (2d Cir. 2005), is a pivotal...

Reaffirmation of Jury Duties and Sentencing Protocols in Racketeering Cases: Insights from United States v. Sean Carr

Date: Sep 15, 2005

Reaffirmation of Jury Duties and Sentencing Protocols in Racketeering Cases: Insights from United States v. Sean Carr Introduction In the case of United States of America v. Sean Carr, 424 F.3d 213...

Second Circuit Clarifies Distinct Roles of 'Eighty Percent' and 'Qualified Mortgage' Warranties in CMBS Transactions

Date: Sep 15, 2005

Second Circuit Clarifies Distinct Roles of 'Eighty Percent' and 'Qualified Mortgage' Warranties in CMBS Transactions Introduction In the landmark case LaSalle Bank National Association v. Nomura...

Absolute Immunity Reinforced in Malicious Prosecution Claims: Shmueli v. Fairstein & Mitchell

Date: Sep 15, 2005

Absolute Immunity Reinforced in Malicious Prosecution Claims: Shmueli v. Fairstein & Mitchell Introduction Case: Sarit Shmueli v. The City of New York, New York City Police Department, Martin...

Arbitration Agreements Remain Enforceable Despite Subsequent Merger and Forum Selection Clauses

Date: Sep 14, 2005

Arbitration Agreements Remain Enforceable Despite Subsequent Merger and Forum Selection Clauses Introduction The case of Bank Julius Baer Co., Ltd. v. Waxfield Ltd. (424 F.3d 278) adjudicated by the...

Limitations on RLA Preemption of State Defamation Claims: Sullivan v. American Airlines

Date: Sep 14, 2005

Limitations on RLA Preemption of State Defamation Claims: Sullivan v. American Airlines Introduction In the landmark case of Sullivan, Kennedy, Virella, and Argentina v. American Airlines, Inc., the...

Reinforcing Standards in Anti-Structuring Prosecutions: United States v. MacPherson

Date: Sep 14, 2005

Reinforcing Standards in Anti-Structuring Prosecutions: United States v. MacPherson Introduction In the landmark case of United States v. William MacPherson, 424 F.3d 183 (2d Cir. 2005), the United...

Second Circuit Establishes Exclusive Authority of Debtor-in-Possession to Settle Adversary Proceedings under Rule 9019

Date: Sep 13, 2005

Second Circuit Establishes Exclusive Authority of Debtor-in-Possession to Settle Adversary Proceedings under Rule 9019 Introduction In the case of In Re SMART WORLD TECHNOLOGIES, LLC, Freewwweb, LLC,...

USERRA's Exclusive Enforcement Mechanism Limits 42 U.S.C. § 1983 Claims in Employment Discrimination

Date: Sep 13, 2005

USERRA's Exclusive Enforcement Mechanism Limits 42 U.S.C. § 1983 Claims in Employment Discrimination Introduction The case of Jacqueline J. Morris-Hayes v. Board of Education of the Chester Union...

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