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  • Commentaries
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2d Circuit Case Commentaries

Contractual Boundaries in Quantum Meruit Claims: Fine Host Corporation v. Rural Migrant Ministry Decision

Contractual Boundaries in Quantum Meruit Claims: Fine Host Corporation v. Rural Migrant Ministry Decision

Date: Aug 9, 2005
Contractual Boundaries in Quantum Meruit Claims: Fine Host Corporation v. Rural Migrant Ministry Decision Introduction The case of Mid-Hudson Catskill Rural Migrant Ministry, Inc. v. Fine Host...
Affirmation of Proper Service Under the Hague Convention in Burda Media v. Viertel

Affirmation of Proper Service Under the Hague Convention in Burda Media v. Viertel

Date: Aug 6, 2005
Affirmation of Proper Service Under the Hague Convention in Burda Media, Inc. v. Christian Viertel Introduction The case of Burda Media, Inc. and Burda Holding GmbH Co. KG v. Christian Viertel...
Affidavit Misstatements and the Retention of Probable Cause in Online E-Group Investigations: Analysis of United States v. Joseph Martin

Affidavit Misstatements and the Retention of Probable Cause in Online E-Group Investigations: Analysis of United States v. Joseph Martin

Date: Aug 5, 2005
Affidavit Misstatements and the Retention of Probable Cause in Online E-Group Investigations: Analysis of United States v. Joseph Martin Introduction United States of America v. Joseph Martin, 426...
Equitable Tolling in Social Security Appeals: Torres v. Barnhart Establishes New Precedent

Equitable Tolling in Social Security Appeals: Torres v. Barnhart Establishes New Precedent

Date: Aug 4, 2005
Equitable Tolling in Social Security Appeals: Torres v. Barnhart Establishes New Precedent Introduction The case of Bernardo A. Torres v. Jo Anne B. Barnhart is a seminal decision by the United...
Exclusion of Crew Members from LHWCA Coverage: Uzdavines v. Weeks Marine, Inc.

Exclusion of Crew Members from LHWCA Coverage: Uzdavines v. Weeks Marine, Inc.

Date: Aug 4, 2005
Exclusion of Crew Members from LHWCA Coverage: Uzdavines v. Weeks Marine, Inc. Introduction The case Frank Uzdavines, (deceased), Marie Uzdavines v. Weeks Marine, Inc. was adjudicated by the United...
Duty to Defend in Auto Insurance Policies: An In-Depth Analysis of Allianz Ins. Co. v. Lerner

Duty to Defend in Auto Insurance Policies: An In-Depth Analysis of Allianz Ins. Co. v. Lerner

Date: Aug 3, 2005
Duty to Defend in Auto Insurance Policies: An In-Depth Analysis of Allianz Ins. Co. v. Lerner Introduction The case of Allianz Insurance Company v. Regina Lerner adjudicated by the United States...
Mandate for Comprehensive Evidence Consideration in Asylum Claims: Chen v. Gonzales

Mandate for Comprehensive Evidence Consideration in Asylum Claims: Chen v. Gonzales

Date: Aug 3, 2005
Mandate for Comprehensive Evidence Consideration in Asylum Claims: Chen v. Gonzales Introduction In Yan Chen v. Alberto Gonzales, the United States Court of Appeals for the Second Circuit addressed...
Gulf Insurance Co. v. Da: Redefining Venue in Federal Civil Suits under 28 U.S.C. § 1391

Gulf Insurance Co. v. Da: Redefining Venue in Federal Civil Suits under 28 U.S.C. § 1391

Date: Aug 3, 2005
Gulf Insurance Co. v. Da: Redefining Venue in Federal Civil Suits under 28 U.S.C. § 1391 Introduction Gulf Insurance Company v. Da is a pivotal case decided by the United States Court of Appeals for...
Second Circuit Upholds ADEA Liquidated Damages Against Public Employers: A Comprehensive Analysis of Cross v. NYC Transit Authority

Second Circuit Upholds ADEA Liquidated Damages Against Public Employers: A Comprehensive Analysis of Cross v. NYC Transit Authority

Date: Aug 3, 2005
Second Circuit Upholds ADEA Liquidated Damages Against Public Employers: A Comprehensive Analysis of Cross v. NYC Transit Authority Introduction The case of Keith Cross and Alfred Francis v. New York...
Establishing the Enforceability of Type II Preliminary Agreements: An Analysis of Brown v. Cara

Establishing the Enforceability of Type II Preliminary Agreements: An Analysis of Brown v. Cara

Date: Jul 29, 2005
Establishing the Enforceability of Type II Preliminary Agreements: An Analysis of Brown v. Cara Introduction In the landmark case of Jeffrey M. Brown and Jeffrey M. Brown Associates, Inc. v. Charles...
Setting Time Limits in Social Security Disability Adjudications: The BUTTS v. BARNHART Precedent

Setting Time Limits in Social Security Disability Adjudications: The BUTTS v. BARNHART Precedent

Date: Jul 28, 2005
Setting Time Limits in Social Security Disability Adjudications: The BUTTS v. BARNHART Precedent Introduction BUTTS v. BARNHART, 416 F.3d 101 (2d Cir. 2005), represents a significant judicial...
Norex Petroleum Limited v. Access Industries, Inc.: Establishing New Standards for Forum Non Conveniens in RICO Cases

Norex Petroleum Limited v. Access Industries, Inc.: Establishing New Standards for Forum Non Conveniens in RICO Cases

Date: Jul 22, 2005
Norex Petroleum Limited v. Access Industries, Inc.: Establishing New Standards for Forum Non Conveniens in RICO Cases Introduction The case of Norex Petroleum Limited v. Access Industries, Inc....
Reaffirming Security Warrant Reallocation and Restricting Nondebtor Releases: Insights from In re Metromedia Fiber Network, Inc.

Reaffirming Security Warrant Reallocation and Restricting Nondebtor Releases: Insights from In re Metromedia Fiber Network, Inc.

Date: Jul 22, 2005
Reaffirming Security Warrant Reallocation and Restricting Nondebtor Releases: Insights from In re Metromedia Fiber Network, Inc. Introduction In the appellate case In re: Metromedia Fiber Network,...
Reclassification of Supervised Release Violations: United States v. Robinson

Reclassification of Supervised Release Violations: United States v. Robinson

Date: Jul 21, 2005
Reclassification of Supervised Release Violations: United States v. Robinson Introduction United States of America v. Darwin McNeil, 415 F.3d 273 (2d Cir. 2005), is a pivotal case in the realm of...
Broadnax v. City of New Haven: Employer’s Burden in Mitigating Damages Under Title VII

Broadnax v. City of New Haven: Employer’s Burden in Mitigating Damages Under Title VII

Date: Jul 21, 2005
Broadnax v. City of New Haven: Employer’s Burden in Mitigating Damages Under Title VII Introduction Sheryl P. Broadnax v. City of New Haven, 415 F.3d 265 (2d Cir. 2005), is a pivotal case addressing...
Degree of Success as a Critical Factor in Attorney's Fee Award: Insights from Kassim v. City of Schenectad

Degree of Success as a Critical Factor in Attorney's Fee Award: Insights from Kassim v. City of Schenectad

Date: Jul 19, 2005
Degree of Success as a Critical Factor in Attorney's Fee Award: Insights from Kassim v. City of Schenectad Introduction In Kassim v. City of Schenectad, 415 F.3d 246 (2d Cir. 2005), Khaled Kassim,...
Beneficial Ownership and Standing in Sovereign Debt Litigation: Insights from Hernan Lopez Fontana v. Republic of Argentina

Beneficial Ownership and Standing in Sovereign Debt Litigation: Insights from Hernan Lopez Fontana v. Republic of Argentina

Date: Jul 16, 2005
Beneficial Ownership and Standing in Sovereign Debt Litigation: Insights from Hernan Lopez Fontana v. Republic of Argentina Introduction The case of Hernan Lopez Fontana, Mariana Mori De Lopez, and...
Affirming Beneficial Owner Standing through Authorized Suits: Applestein v. Province of Buenos Aires

Affirming Beneficial Owner Standing through Authorized Suits: Applestein v. Province of Buenos Aires

Date: Jul 16, 2005
Affirming Beneficial Owner Standing through Authorized Suits: Applestein v. Province of Buenos Aires Introduction The case of Allan Applestein TTEE FBO D.C.A. Grantor Trust v. The Province of Buenos...
Second Circuit Establishes Thai Law Governs Extra-Contractual Setoff Rights in Cross-Border Derivatives Disputes

Second Circuit Establishes Thai Law Governs Extra-Contractual Setoff Rights in Cross-Border Derivatives Disputes

Date: Jul 13, 2005
Second Circuit Establishes Thai Law Governs Extra-Contractual Setoff Rights in Cross-Border Derivatives Disputes Introduction In the landmark case of Finance One Public Company Limited v. Lehman...
Preemption of State Banking Regulations Over Operating Subsidiaries: Second Circuit Sets New Precedent

Preemption of State Banking Regulations Over Operating Subsidiaries: Second Circuit Sets New Precedent

Date: Jul 12, 2005
Preemption of State Banking Regulations Over Operating Subsidiaries: Second Circuit Sets New Precedent Introduction The case of Wachovia Bank, N.A. and Wachovia Mortgage Corporation v. John P. Burke,...
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