2d Circuit Case Commentaries

Karpova v. Department of the Treasury: Upholding Executive Sanctions on Unauthorized Travel to Iraq

Date: Aug 15, 2007

Karpova v. Department of the Treasury: Upholding Executive Sanctions on Unauthorized Travel to Iraq Introduction In the case of Judith Karpova v. John Snow, Secretary, Department of the Treasury,...

Procedural Bars to Ineffective Assistance Claims in EED Defense: The Second Circuit's Ruling in Murden v. Artuz

Date: Aug 11, 2007

Procedural Bars to Ineffective Assistance Claims in EED Defense: The Second Circuit's Ruling in Murden v. Artuz Introduction The case of William Murden v. Christopher Artuz examines critical issues...

False Advertising Doctrine Clarified in Time Warner Cable v. DIRECTV

Date: Aug 10, 2007

False Advertising Doctrine Clarified in Time Warner Cable v. DIRECTV Introduction Time Warner Cable, Inc. v. DIRECTV, Inc. is a seminal case adjudicated by the United States Court of Appeals for the...

Manifest Disregard of Law in Arbitration Awards: Porzig v. Dresdner Sets New Precedent

Date: Aug 8, 2007

Manifest Disregard of Law in Arbitration Awards: Porzig v. Dresdner Sets New Precedent Introduction In the landmark case of Bernhard B. Porzig v. Dresdner, Kleinwort, Benson, North America LLC, and...

Enforceability of Oral Settlement Agreements in Employment Discrimination Cases: Powell v. Omnicom, BBDO/PHD

Date: Aug 8, 2007

Enforceability of Oral Settlement Agreements in Employment Discrimination Cases: Powell v. Omnicom, BBDO/PHD Introduction The case of Doreen Powell v. Omnicom, BBDO/PHD (497 F.3d 124) adjudicated by...

Expansion of RESPA §8(b) Protections to Undivided Unearned Fees in Cohen v. JP Morgan Chase

Date: Aug 7, 2007

Expansion of RESPA §8(b) Protections to Undivided Unearned Fees in Cohen v. JP Morgan Chase Introduction Cohen v. JP Morgan Chase Co., 498 F.3d 111 (2d Cir. 2007), represents a significant...

NYMEX v. IntercontinentalExchange: Establishing the Merger Doctrine in Copyright Law

Date: Aug 2, 2007

NYMEX v. IntercontinentalExchange: Establishing the Merger Doctrine in Copyright Law Introduction The case of New York Mercantile Exchange, Inc. (NYMEX) v. IntercontinentalExchange, Inc. (ICE)...

Qualified Immunity and Probable Cause in Walczyk v. Defendants: Establishing Clear Standards for Law Enforcement Accountability

Date: Aug 2, 2007

Qualified Immunity and Probable Cause in Walczyk v. Defendants: Establishing Clear Standards for Law Enforcement Accountability Introduction Walczyk v. Defendants is a pivotal case decided by the...

Establishing Procedural Safeguards for Frivolous Asylum Determinations: Yang and Lin v. Gonzales

Date: Aug 1, 2007

Establishing Procedural Safeguards for Frivolous Asylum Determinations: Yang and Lin v. Gonzales Introduction The case of Biao Yang and Ming Liang Lin v. Alberto Gonzales represents a pivotal moment...

Expansion of American Pipe Tolling Doctrine in Securities Litigation

Date: Jul 27, 2007

Expansion of American Pipe Tolling Doctrine in Securities Litigation Introduction The case of California Public Employees' Retirement System et al. v. Caboto-Gruppo Intesa BCI et al. (496 F.3d 245)...

Reaffirming the PLRA Exhaustion Requirement in Eighth Amendment Medical Indifference Claims: Macias v. Zenk et al.

Date: Jul 27, 2007

Reaffirming the PLRA Exhaustion Requirement in Eighth Amendment Medical Indifference Claims: Macias v. Zenk et al. Introduction Case: Juan Edgar Loera Macias, Plaintiff-Appellant, v. Michael Zenk,...

United States v. Rodriguez: Disclosure of Impeaching Oral Testimony under Brady and Giglio

Date: Jul 25, 2007

United States v. Rodriguez: Disclosure of Impeaching Oral Testimony under Brady and Giglio Introduction The case of United States of America v. Ramiro Rodriguez adjudicated by the United States Court...

Second Circuit Upholds Timely Age Discrimination Claims and Allows Amendment in Kassner and Reiffe v. 2nd Avenue Delicatessen

Date: Jul 25, 2007

Second Circuit Upholds Timely Age Discrimination Claims and Allows Amendment in Kassner and Reiffe v. 2nd Avenue Delicatessen Introduction In the case of Diane Kassner and Marsha Reiffe,...

Forum Selection Clauses and Copyright Claims: Insights from Phillips v. Audio Active Limited

Date: Jul 25, 2007

Forum Selection Clauses and Copyright Claims: Insights from Phillips v. Audio Active Limited Introduction The case of Peter Phillips, professionally known as Pete Rock, Plaintiff-Appellant, v. Audio...

Zellner v. State of New York: Clarifying Qualified Immunity in False Arrest and Malicious Prosecution Claims

Date: Jul 21, 2007

Zellner v. State of New York: Clarifying Qualified Immunity in False Arrest and Malicious Prosecution Claims Introduction John Robert Zellner v. State of New York is a significant appellate court...

Enhancing Judicial Review Standards in Asylum Cases: Insights from Manzur v. U.S. Department of Homeland Security

Date: Jul 17, 2007

Enhancing Judicial Review Standards in Asylum Cases: Insights from Manzur v. U.S. Department of Homeland Security Introduction Manzur v. U.S. Department of Homeland Security, 494 F.3d 281 (2d Cir....

Second Circuit Limits Asylum Eligibility under IIRIRA §601(a) to Direct Victims of Coercive Population Control Policies

Date: Jul 17, 2007

Second Circuit Limits Asylum Eligibility under IIRIRA §601(a) to Direct Victims of Coercive Population Control Policies Introduction In the landmark case of Shi Liang Lin v. United States Department...

Xiao Xing Ni v. Alberto Gonzales: Limitations on Inherent Judicial Power in Immigration Proceedings

Date: Jul 13, 2007

Xiao Xing Ni v. Alberto Gonzales: Limitations on Inherent Judicial Power in Immigration Proceedings Introduction In Xiao Xing Ni v. Alberto Gonzales, the United States Court of Appeals for the Second...

Strict Enforcement of PSLRA Pleading Standards in Securities Fraud and Market Manipulation Claims: ATSI Communications, Inc. v. The Shaar Fund, Ltd.

Date: Jul 12, 2007

Strict Enforcement of PSLRA Pleading Standards in Securities Fraud and Market Manipulation Claims: ATSI Communications, Inc. v. The Shaar Fund, Ltd. Introduction ATSI Communications, Inc., a Delaware...

Lombardozzi v. United States: Establishing Precedents in Extortionate Credit Extensions

Date: Jul 12, 2007

Lombardozzi v. United States: Establishing Precedents in Extortionate Credit Extensions Introduction In the case of United States of America v. George Lombardozzi, the United States Court of Appeals...