2d Circuit Case Commentaries

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...

Second Circuit Holds Disclaimers Must Effectively Prevent Consumer Confusion in Trademark Infringement

Date: Sep 13, 2005

Second Circuit Holds Disclaimers Must Effectively Prevent Consumer Confusion in Trademark Infringement Introduction In the landmark case of Weight Watchers International, Inc. v. Luigino's, Inc., the...

Karedes v. Ackerley Group: Appellate Insights on Defamation Standards

Date: Sep 10, 2005

Karedes v. Ackerley Group: Appellate Insights on Defamation Standards Introduction In the case of John L. Karedes v. The Ackerley Group, Inc., adjudicated by the United States Court of Appeals for...

Imputed Political Opinion in Asylum Claims: Insights from Chun Gao v. Alberto R. Gonzales

Date: Sep 10, 2005

Imputed Political Opinion in Asylum Claims: Insights from Chun Gao v. Alberto R. Gonzales Introduction Chun Gao v. Alberto R. Gonzales, decided by the United States Court of Appeals for the Second...

Second Circuit Establishes Broad Subject Matter Jurisdiction Under CERCLA Section 107(a) Post-Cooper Industries

Date: Sep 10, 2005

Second Circuit Establishes Broad Subject Matter Jurisdiction Under CERCLA Section 107(a) Post-Cooper Industries Introduction In the landmark case Consolidated Edison Company of New York, Inc. v. UGI...

Clarifying Rooker-Feldman Doctrine and Privity in Election Litigation: Hoblock v. Albany County Board of Elections

Date: Sep 3, 2005

Clarifying Rooker-Feldman Doctrine and Privity in Election Litigation: Hoblock v. Albany County Board of Elections Introduction The case of Hoblock v. Albany County Board of Elections presents a...

Capobianco v. City of New York: Expanding ADA Protections for Employees with Night Blindness

Date: Sep 2, 2005

Capobianco v. City of New York: Expanding ADA Protections for Employees with Night Blindness Introduction Anthony P. Capobianco, Jr. filed a lawsuit against the City of New York and the New York City...

Reaffirming Standards for Motion to Remand with New Evidence in Asylum Claims: Cao v. US Department of Justice

Date: Sep 1, 2005

Reaffirming Standards for Motion to Remand with New Evidence in Asylum Claims: Cao v. US Department of Justice Introduction Li Yong Cao v. United States Department of Justice, Attorney General...

De Novo Review Standard in Asylum Cases: Huang v. INS Analysis

Date: Aug 30, 2005

De Novo Review Standard in Asylum Cases: Huang v. INS Analysis Introduction The case of Jian Xing Huang v. United States Immigration and Naturalization Service (INS), 421 F.3d 125 (2d Cir. 2005),...

Affirmation of Dismissal in ERISA Claims: Nechis & Mady v. Oxford Health Plans and Triad Healthcare

Date: Aug 25, 2005

Affirmation of Dismissal in ERISA Claims: Nechis & Mady v. Oxford Health Plans and Triad Healthcare Introduction In the case of Nechis and Mady v. Oxford Health Plans, Inc. and Triad Healthcare,...

Expansion of Title VII's Anti-Retaliation Protections in Jute v. Hamilton Sundstrand Corp.

Date: Aug 24, 2005

Expansion of Title VII's Anti-Retaliation Protections in Jute v. Hamilton Sundstrand Corp. Introduction Jute v. Hamilton Sundstrand Corp., 420 F.3d 166 (2d Cir. 2005), marks a significant development...

Second Circuit Establishes Drug Quantity Must Be Proven to Jury or Admitted by Defendant for Aggravated §841 Offenses

Date: Aug 23, 2005

Second Circuit Establishes Drug Quantity Must Be Proven to Jury or Admitted by Defendant for Aggravated §841 Offenses Introduction In the landmark case of United States of America v. Manuel Gonzalez,...

Reaffirming Probable Cause Standards in Search Warrants: United States v. Coreas

Date: Aug 19, 2005

Reaffirming Probable Cause Standards in Search Warrants: United States v. Coreas Introduction The case of United States v. Willie Coreas (419 F.3d 151) represents a pivotal moment in the...

Re-defining Crimes Involving Moral Turpitude: Insights from Shobinder Gill v. INS

Date: Aug 19, 2005

Re-defining Crimes Involving Moral Turpitude: Insights from Shobinder Gill v. INS Introduction The case of Shobinder Gill v. Immigration and Naturalization Services (INS), decided by the United...

Clarifying Default Judgment Standards: Appearance and Notice under Federal Rules in State of New York v. Green (2d Cir. 2005)

Date: Aug 19, 2005

Clarifying Default Judgment Standards: Appearance and Notice under Federal Rules in State of New York v. Green (2d Cir. 2005) Introduction State of New York and Erin D. Crotty, serving as...

Excusable Neglect in Bankruptcy Claims: Insights from IN RE ENRON CORP. Midland Cogeneration Venture Ltd. Partnership v. Enron Corp.

Date: Aug 17, 2005

Excusable Neglect in Bankruptcy Claims: Insights from IN RE ENRON CORP. Midland Cogeneration Venture Ltd. Partnership v. Enron Corp. Introduction The bankruptcy of Enron Corporation in 2001 marked...

Poradisova v. Gonzales: Emphasizing Cumulative Evidence and Bolstered Country Conditions in Asylum Decisions

Date: Aug 17, 2005

Poradisova v. Gonzales: Emphasizing Cumulative Evidence and Bolstered Country Conditions in Asylum Decisions Introduction In Tatiana Poradisova, et al. v. Alberto Gonzales, the United States Court of...

Second Circuit Affirms Bankruptcy Court's Jurisdiction to Extinguish Maritime Liens in In re Millenium Seacarriers, Inc.

Date: Aug 12, 2005

Second Circuit Affirms Bankruptcy Court's Jurisdiction to Extinguish Maritime Liens in In re Millenium Seacarriers, Inc. Introduction The case of In re: Millenium Seacarriers, Inc. et al., heard by...

Second Circuit Affirms Dismissal of Cable Rate Discrimination Claims Due to Lack of Private Right of Action under 47 U.S.C. §543(d) and New York's PSL §224-a(4)

Date: Aug 12, 2005

Second Circuit Affirms Dismissal of Cable Rate Discrimination Claims Due to Lack of Private Right of Action under 47 U.S.C. §543(d) and New York's PSL §224-a(4) Introduction In the landmark case of...

Wells v. Greiner: Upholding Defense Counsel's Strategic Discretion Under Strickland Standard

Date: Aug 9, 2005

Wells v. Greiner: Upholding Defense Counsel's Strategic Discretion Under Strickland Standard Introduction Wells v. Greiner is a pivotal case adjudicated by the United States Court of Appeals for the...

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