2d Circuit Case Commentaries

Discretionary Extensions under Federal Rule 4(m): Insights from Zapata v. City of New York

Date: Sep 21, 2007

Discretionary Extensions under Federal Rule 4(m): Insights from Zapata v. City of New York Introduction The case of Andie Zapata v. City of New York and Correction Officer "John" Moran (502 F.3d 192)...

Clarifying the Boundaries Between Depraved Indifference and Intentional Murder: Insights from Da v. d POLICANO

Date: Sep 20, 2007

Clarifying the Boundaries Between Depraved Indifference and Intentional Murder: Insights from Da v. d POLICANO Introduction The case of David Policano v. Victor T. Herbert, adjudicated by the United...

Forfeiture Restrictions on Uncharged Conduct: Capoccia v. USA

Date: Sep 20, 2007

Forfeiture Restrictions on Uncharged Conduct: Capoccia v. United States Introduction United States of America v. Andrew Capoccia is a pivotal case adjudicated by the United States Court of Appeals...

Absolute Immunity of Self-Regulatory Organizations Affirmed in IN RE NYSE SPECIALISTS SECURITIES LITIGATION

Date: Sep 19, 2007

Absolute Immunity of Self-Regulatory Organizations Affirmed in IN RE NYSE SPECIALISTS SECURITIES LITIGATION Introduction IN RE NYSE SPECIALISTS SECURITIES LITIGATION examines the extent to which the...

Second Circuit Upholds Assignee Class Representation in Sherman Act Violation Case

Date: Sep 12, 2007

Second Circuit Upholds Assignee Class Representation in Sherman Act Violation Case Introduction In the landmark case of Cordes Company Financial Services, Inc. and EqualNet Communications Corporation...

Second Circuit Upholds Specific Intent Requirement for CAT Relief in Deportation Cases

Date: Sep 12, 2007

Second Circuit Upholds Specific Intent Requirement for CAT Relief in Deportation Cases Introduction The case of Franck Pierre v. Alberto R. Gonzales is a pivotal decision by the United States Court...

Defining Defalcation under 11 U.S.C. § 523(a)(4): Establishing the Conscious Misbehavior Standard

Date: Sep 7, 2007

Defining Defalcation under 11 U.S.C. § 523(a)(4): Establishing the Conscious Misbehavior Standard Introduction The case of In re Andrew A. Hyman, Debtor-Appellee (502 F.3d 61) adjudicated by the...

Enhancing Pleading Standards in Antitrust Litigation Post-Twombly: Insights from IN RE ELEVATOR ANTITRUST LITIGATION

Date: Sep 5, 2007

Enhancing Pleading Standards in Antitrust Litigation Post-Twombly: Insights from IN RE ELEVATOR ANTITRUST LITIGATION Introduction The case of IN RE ELEVATOR ANTITRUST LITIGATION pertains to a...

Newly Discovered Evidence Under Federal Rule 33: Second Circuit Sets Clarifying Precedent

Date: Sep 5, 2007

Newly Discovered Evidence Under Federal Rule 33: Second Circuit Sets Clarifying Precedent Introduction The case of United States of America v. Lance Edgar Owen, adjudicated by the United States Court...

Economic Hardship Insufficient for Asylum: The Tao Jiang v. Alberto Gonzales Decision

Date: Sep 1, 2007

Economic Hardship Insufficient for Asylum: The Tao Jiang v. Alberto Gonzales Decision Introduction The case of Tao Jiang v. Alberto Gonzales addresses the complexities of asylum claims based on...

Reinforcing Credibility in Authentication of Changed Country Conditions: Zheng v. Gonzales

Date: Sep 1, 2007

Reinforcing Credibility in Authentication of Changed Country Conditions: Zheng v. Gonzales Introduction The case of Qin Wen Zheng v. Alberto R. Gonzales, decided by the United States Court of Appeals...

Reversal of Summary Judgment in Merrill Lynch v. Allegheny Energy: Implications for Contractual Warranties and Fraud Claims

Date: Sep 1, 2007

Reversal of Summary Judgment in Merrill Lynch v. Allegheny Energy: Implications for Contractual Warranties and Fraud Claims Introduction The appellate decision in Merrill Lynch Co. Inc., Merrill...

Bell v. Miller: Strengthening the Standards for Ineffective Assistance Claims through Medical Expert Analysis of Witness Reliability

Date: Sep 1, 2007

Bell v. Miller: Strengthening the Standards for Ineffective Assistance Claims through Medical Expert Analysis of Witness Reliability Introduction Bell v. Miller, 500 F.3d 149 (2d Cir. 2007), is a...

Defining 'Employer' under WARN: Second Circuit Clarifies Creditor Liability in Bear Stearns v. Coppola

Date: Aug 31, 2007

Defining 'Employer' under WARN: Second Circuit Clarifies Creditor Liability in Bear Stearns v. Coppola Introduction The case of Vincent J. Coppola, Michael Breslin, and Olin McDonald, on behalf of...

Limitations on Liability of Dissolved Corporations Under CERCLA: Insights from Langdon Marsh v. Environmental Conservation

Date: Aug 29, 2007

Limitations on Liability of Dissolved Corporations Under CERCLA: Insights from Langdon Marsh v. Environmental Conservation Introduction The case of Langdon Marsh, as Acting Commissioner of the New...

Two-Member Arbitration Panels Valid under FAA and NY Convention When One Arbitrator Resigns

Date: Aug 24, 2007

Two-Member Arbitration Panels Valid under FAA and NY Convention When One Arbitrator Resigns Introduction The case of Mayer Zeiler et al. v. Joseph Deitsch et al., decided by the United States Court...

Due Process in Administrative Notice: Sanja Burger v. Gonzales

Date: Aug 18, 2007

Due Process in Administrative Notice: Sanja Burger v. Gonzales Introduction The case of Sanja Burger and Milica Savic v. Alberto R. Gonzales, Attorney General addresses critical issues surrounding...

Dillon v. Morano: Establishing Standards for Retaliation in Employment Disputes

Date: Aug 17, 2007

Dillon v. Morano: Establishing Standards for Retaliation in Employment Disputes Introduction The case of Gregory Dillon v. Christopher Morano, adjudicated by the United States Court of Appeals for...

Comprehensive Commentary on United States v. Otis Parkes: Reinforcing the Hobbs Act's Interstate Commerce Element

Date: Aug 16, 2007

Reinforcing the Hobbs Act's Interstate Commerce Element: A Comprehensive Analysis of United States v. Otis Parkes Introduction In United States v. Otis Parkes, 497 F.3d 220 (2d Cir. 2007), the United...

Preservation of Batson Claims under State Procedural Rules: Richardson v. Greene

Date: Aug 15, 2007

Preservation of Batson Claims under State Procedural Rules: Richardson v. Greene Introduction Richardson v. Greene, 497 F.3d 212 (2d Cir. 2007), is a pivotal case addressing the intersection of...