2d Circuit Case Commentaries

Second Circuit Clarifies Preservation and Prima Facie Requirements for Batson Challenges Involving Multiple Racial Groups

Date: Jul 8, 2005

Second Circuit Clarifies Preservation and Prima Facie Requirements for Batson Challenges Involving Multiple Racial Groups Introduction Da v. d Green (414 F.3d 288), adjudicated by the United States...

Second Circuit Clarifies Legal Representation Requirements for Minors in Special Education Appeals: Tindall v. Poultney High School District

Date: Jul 6, 2005

Second Circuit Clarifies Legal Representation Requirements for Minors in Special Education Appeals: Tindall v. Poultney High School District Introduction Tindall v. Poultney High School District is a...

Second Circuit Expands Certificate of Appealability to Include Ineffective Assistance Claims in Brady Violations

Date: Jul 2, 2005

Second Circuit Expands Certificate of Appealability to Include Ineffective Assistance Claims in Brady Violations Introduction In the case of Richard Love, Jr. v. Frank McCray, Superintendent of...

Granfinanciera v. Superior Court: Reevaluating Jury Trials in Fiduciary Duty Breaches

Date: Jul 1, 2005

Granfinanciera v. Superior Court: Reevaluating Jury Trials in Fiduciary Duty Breaches Introduction In the landmark case of John S. Pereira, As Trustee of Trace International Holdings, Inc., Trace...

Second Circuit Refines the Standard for Proving Willful Copyright Infringement at Summary Judgment Stage

Date: Jun 29, 2005

Second Circuit Refines the Standard for Proving Willful Copyright Infringement at Summary Judgment Stage Introduction The appellate case of Island Software and Computer Service, Inc. v. Microsoft...

Second Circuit Clarifies 'Use' of Trademarks in Digital Advertising Under the Lanham Act

Date: Jun 28, 2005

Second Circuit Clarifies 'Use' of Trademarks in Digital Advertising Under the Lanham Act Introduction The case of 1-800 Contacts, Inc. v. WhenU.com, Inc. and Vision Direct, Inc. (414 F.3d 400) heard...

Admissibility of Expert Testimony in Excessive Force Claims: Nimely v. City of New York

Date: Jun 28, 2005

Admissibility of Expert Testimony in Excessive Force Claims: Nimely v. City of New York Introduction Thomas Nimely v. City of New York is a pivotal case adjudicated by the United States Court of...

Deliberate Indifference in Prison Healthcare: Johnson v. Wright Establishes New Precedent

Date: Jun 25, 2005

Deliberate Indifference in Prison Healthcare: Johnson v. Wright Establishes New Precedent Introduction In the landmark case of James Johnson v. Lester Wright, Assoc. Commissioner Health Services, the...

Confrontation Clause and Hearsay Evidence in Sentencing: Insights from United States v. Martinez

Date: Jun 25, 2005

Confrontation Clause and Hearsay Evidence in Sentencing: Insights from United States v. Martinez Introduction United States v. Martinez is a pivotal case decided by the United States Court of Appeals...

Restoration Period Interpretation in Business Interruption Insurance: Duane Reade Inc. v. St. Paul Fire & Marine Insurance Co.

Date: Jun 23, 2005

Restoration Period Interpretation in Business Interruption Insurance: Duane Reade Inc. v. St. Paul Fire & Marine Insurance Co. Introduction The case of Duane Reade Inc. v. St. Paul Fire & Marine...

Star Industries v. Bacardi: Protectability of Stylized Designs and Likelihood of Confusion under the Lanham Act

Date: Jun 23, 2005

Star Industries v. Bacardi: Protectability of Stylized Designs and Likelihood of Confusion under the Lanham Act Introduction In the landmark case of Star Industries, Inc. v. Bacardi Company Limited,...

Affirmation of International Comity in Cross-Border Bankruptcy: JP Morgan Chase Bank v. Altos Hornos de Mexico

Date: Jun 23, 2005

Affirmation of International Comity in Cross-Border Bankruptcy: JP Morgan Chase Bank v. Altos Hornos de Mexico Introduction The case of JP Morgan Chase Bank, Plaintiff-Appellant, v. Altos Hornos de...

United States v. Canova: Clarifying Sentencing Guidelines and Loss Calculations in Medicare Fraud Cases

Date: Jun 22, 2005

United States v. Canova: Clarifying Sentencing Guidelines and Loss Calculations in Medicare Fraud Cases Introduction In United States v. John Canova, 412 F.3d 331 (2d Cir. 2005), the United States...

Ensuring FDCPA Compliance: Clear Disclaimers on Attorney Involvement Affirmed by Second Circuit

Date: Jun 22, 2005

Ensuring FDCPA Compliance: Clear Disclaimers on Attorney Involvement Affirmed by Second Circuit Introduction The case of Andrew A. Greco v. Trauner, Cohen Thomas, L.L.P., 412 F.3d 360 (2d Cir. 2005),...

Defining the Limits of Lay Opinion Testimony Under Rule 701 and Sentencing Guidelines Post-Booker: A Comprehensive Analysis of U.S. v. GARCIA

Date: Jun 22, 2005

Defining the Limits of Lay Opinion Testimony Under Rule 701 and Sentencing Guidelines Post-Booker: A Comprehensive Analysis of United States v. Garcia Introduction In the landmark case of United...

Affirmation of Disclosure Requirements in Securities Exchange Act under the Shingle Theory: The Starr v. Georgeson Shareholder Decision

Date: Jun 16, 2005

Affirmation of Disclosure Requirements in Securities Exchange Act under the Shingle Theory: The Starr v. Georgeson Shareholder Decision Introduction The case of Allan H. Starr, as executor of the...

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2d Circuit Case Commentaries

Second Circuit Clarifies Preservation and Prima Facie Requirements for Batson Challenges Involving Multiple Racial Groups

Second Circuit Clarifies Legal Representation Requirements for Minors in Special Education Appeals: Tindall v. Poultney High School District

Second Circuit Expands Certificate of Appealability to Include Ineffective Assistance Claims in Brady Violations

Granfinanciera v. Superior Court: Reevaluating Jury Trials in Fiduciary Duty Breaches

Second Circuit Refines the Standard for Proving Willful Copyright Infringement at Summary Judgment Stage

Second Circuit Clarifies 'Use' of Trademarks in Digital Advertising Under the Lanham Act

Admissibility of Expert Testimony in Excessive Force Claims: Nimely v. City of New York

Deliberate Indifference in Prison Healthcare: Johnson v. Wright Establishes New Precedent

Confrontation Clause and Hearsay Evidence in Sentencing: Insights from United States v. Martinez

Restoration Period Interpretation in Business Interruption Insurance: Duane Reade Inc. v. St. Paul Fire & Marine Insurance Co.

Star Industries v. Bacardi: Protectability of Stylized Designs and Likelihood of Confusion under the Lanham Act

Affirmation of International Comity in Cross-Border Bankruptcy: JP Morgan Chase Bank v. Altos Hornos de Mexico

United States v. Canova: Clarifying Sentencing Guidelines and Loss Calculations in Medicare Fraud Cases

Ensuring FDCPA Compliance: Clear Disclaimers on Attorney Involvement Affirmed by Second Circuit

Defining the Limits of Lay Opinion Testimony Under Rule 701 and Sentencing Guidelines Post-Booker: A Comprehensive Analysis of U.S. v. GARCIA

Procedural Default and Habeas Corpus: Smith v. Duncan

Waiver of Timely Remand Objections Under 28 U.S.C. § 1447(c): Shapiro v. Logistec USA Inc.

Impact of Sentencing Guidelines Misapplication: UNITED STATES v. GUIDICE

Preclusive Effect of Administrative Adjudications in Employment Retaliation Claims: Burkybile v. Board of Education

Affirmation of Disclosure Requirements in Securities Exchange Act under the Shingle Theory: The Starr v. Georgeson Shareholder Decision