2d Circuit Case Commentaries

Affirmation of RICO Forfeiture Under Preponderance Standard in Braun v. United States

Date: Jun 15, 2005

Affirmation of RICO Forfeiture Under Preponderance Standard in Braun v. United States Introduction In the landmark case United States of America v. Philip Fruchter et al., the United States Court of...

Second Circuit Clarifies Hostile Work Environment and Retaliation Standards in Fairbrother v. Morrison

Date: Jun 15, 2005

Second Circuit Clarifies Hostile Work Environment and Retaliation Standards in Fairbrother v. Morrison Introduction In Fairbrother v. Morrison, the United States Court of Appeals for the Second...

TVT RECORDS v. ISLAND DEF JAM MUSIC GROUP: Clarifying Boundaries of Tortious Interference and Punitive Damages in Contractual Disputes

Date: Jun 15, 2005

TVT RECORDS v. ISLAND DEF JAM MUSIC GROUP: Clarifying Boundaries of Tortious Interference and Punitive Damages in Contractual Disputes Introduction The case of TVT Records, Inc. v. Island Def Jam...

EX PARTE YOUNG Exception Applied in Bankruptcy Context: Dairy Mart Convenience Stores, Inc. v. Nickel & McCloud

Date: Jun 14, 2005

EX PARTE YOUNG Exception Applied in Bankruptcy Context: Dairy Mart Convenience Stores, Inc. v. Nickel & McCloud Introduction The case In re: Dairy Mart Convenience Stores, Inc., et al.,...

Requiring Evidence of Employer's Knowledge in ADEA Prima Facie Cases: Woodman v. WWOR-TV

Date: Jun 14, 2005

Requiring Evidence of Employer's Knowledge in ADEA Prima Facie Cases: Woodman v. WWOR-TV Introduction In the landmark case Brenda K. Woodman, Plaintiff-Appellant, v. WWOR-TV, Inc., News America,...

Royalty Rights in Publishing Agreements: POSTLEWAITE v. McGRAW-HILL, Inc. Analysis

Date: Jun 10, 2005

Royalty Rights in Publishing Agreements: POSTLEWAITE v. McGRAW-HILL, Inc. Analysis Introduction POSTLEWAITE v. McGRAW-HILL, Inc. is a pivotal case decided by the United States Court of Appeals for...

Twum v. INS: Reevaluating the Application of Lozada Standards in Exclusion Proceedings

Date: Jun 9, 2005

Twum v. INS: Reevaluating the Application of Lozada Standards in Exclusion Proceedings Introduction The case of Alexander Twum v. Immigration and Naturalization Service (INS), decided by the United...

Affirmation of Summary Judgment in Forsyth v. Federation Employment: Implications for Salary Discrimination Claims and Rule 56.2 Compliance

Date: Jun 7, 2005

Affirmation of Summary Judgment in Forsyth v. Federation Employment: Implications for Salary Discrimination Claims and Rule 56.2 Compliance Introduction In the landmark case of Allison A. Forsyth v....

Second Circuit Reaffirms the Legality of New York's Persistent Felony Offender Statute Post-Apprendi

Date: Jun 4, 2005

Second Circuit Reaffirms the Legality of New York's Persistent Felony Offender Statute Post-Apprendi Introduction The United States Court of Appeals for the Second Circuit, in the landmark case BROWN...

Preliminary Injunctive Relief and the Mootness Exception in Employment Discrimination Litigation: Moore v. Consolidated Edison Co.

Date: Jun 3, 2005

Preliminary Injunctive Relief and the Mootness Exception in Employment Discrimination Litigation: Moore v. Consolidated Edison Co. Introduction In the landmark case of Matricia Moore v. Consolidated...

Conflicts of 'Of Counsel' Attorneys and Enforcement of Settlement Terms in Hempstead Video v. Village of Valley Stream

Date: Jun 1, 2005

Conflicts of 'Of Counsel' Attorneys and Enforcement of Settlement Terms in Hempstead Video v. Village of Valley Stream Introduction Hempstead Video, Inc., Plaintiff-Appellant, v. Incorporated Village...

NATIONAL COUNCIL OF LA RAZA v. DEPARTMENT OF JUSTice: FOIA Exemption 5 and the Adoption of OLC Memoranda into Agency Policy

Date: Jun 1, 2005

NATIONAL COUNCIL OF LA RAZA v. DEPARTMENT OF JUSTice: FOIA Exemption 5 and the Adoption of OLC Memoranda into Agency Policy Introduction In the landmark case of National Council of La Raza, New York...

Second Circuit Establishes Requirements for Extraordinary Family Circumstances Departures in Sentencing After UNITED STATES v. BOOKER

Date: May 28, 2005

Second Circuit Establishes Requirements for Extraordinary Family Circumstances Departures in Sentencing After UNITED STATES v. BOOKER Introduction United States of America v. Boris Selioutsky, 409...

Reaffirming Strict Standards for "Class of One" Equal Protection Claims: Neilson v. D'Angelis

Date: May 27, 2005

Reaffirming Strict Standards for "Class of One" Equal Protection Claims: Neilson v. D'Angelis Introduction In the case of George Neilson v. Anthony D'Angelis et al., decided by the United States...

Establishing Boundaries for Collateral Estoppel in Arbitration: Insights from Bear Stearns Co. v. 1109580 Ontario, Inc.

Date: May 26, 2005

Establishing Boundaries for Collateral Estoppel in Arbitration: Insights from Bear Stearns Co. v. 1109580 Ontario, Inc. Introduction The case of Bear Stearns Co., Inc., Bear Stearns Securities Corp.,...

Enforcement of Waiver-of-Subrogation Clauses in Builder's Risk Insurance: St. Paul v. Universal Builders Supply

Date: May 25, 2005

Enforcement of Waiver-of-Subrogation Clauses in Builder's Risk Insurance: St. Paul v. Universal Builders Supply Introduction The case of St. Paul Fire and Marine Insurance Company a/s/o the Durst...

Effective Assistance of Counsel: Second Circuit Reinforces Strickland Standards Over State "Meaningful Representation" in Ineffective Assistance Claims

Date: May 25, 2005

Effective Assistance of Counsel: Second Circuit Reinforces Strickland Standards Over State "Meaningful Representation" in Ineffective Assistance Claims Introduction The case of Dwayne Henry v. Thomas...

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2d Circuit Case Commentaries

Affirmation of RICO Forfeiture Under Preponderance Standard in Braun v. United States

Second Circuit Clarifies Hostile Work Environment and Retaliation Standards in Fairbrother v. Morrison

TVT RECORDS v. ISLAND DEF JAM MUSIC GROUP: Clarifying Boundaries of Tortious Interference and Punitive Damages in Contractual Disputes

EX PARTE YOUNG Exception Applied in Bankruptcy Context: Dairy Mart Convenience Stores, Inc. v. Nickel & McCloud

Requiring Evidence of Employer's Knowledge in ADEA Prima Facie Cases: Woodman v. WWOR-TV

Royalty Rights in Publishing Agreements: POSTLEWAITE v. McGRAW-HILL, Inc. Analysis

Twum v. INS: Reevaluating the Application of Lozada Standards in Exclusion Proceedings

Affirmation of Summary Judgment in Forsyth v. Federation Employment: Implications for Salary Discrimination Claims and Rule 56.2 Compliance

Second Circuit Reaffirms the Legality of New York's Persistent Felony Offender Statute Post-Apprendi

Preliminary Injunctive Relief and the Mootness Exception in Employment Discrimination Litigation: Moore v. Consolidated Edison Co.

Conflicts of 'Of Counsel' Attorneys and Enforcement of Settlement Terms in Hempstead Video v. Village of Valley Stream

NATIONAL COUNCIL OF LA RAZA v. DEPARTMENT OF JUSTice: FOIA Exemption 5 and the Adoption of OLC Memoranda into Agency Policy

Second Circuit Establishes Requirements for Extraordinary Family Circumstances Departures in Sentencing After UNITED STATES v. BOOKER

Reaffirming Strict Standards for "Class of One" Equal Protection Claims: Neilson v. D'Angelis

Establishing Boundaries for Collateral Estoppel in Arbitration: Insights from Bear Stearns Co. v. 1109580 Ontario, Inc.

Enforcement of Waiver-of-Subrogation Clauses in Builder's Risk Insurance: St. Paul v. Universal Builders Supply

Effective Assistance of Counsel: Second Circuit Reinforces Strickland Standards Over State "Meaningful Representation" in Ineffective Assistance Claims

Zheng v. Department of Justice: Upholding Lozada Compliance in Ineffective Assistance Claims

Second or Successive Habeas Corpus Petitions Under AEDPA: Insights from Whab v. USA

Excusing Technical Pleading Deficiencies to Uphold Meritorious Claims: Phillips v. Girdich