2d Circuit Case Commentaries

Legislative and Sovereign Immunity in Employment Termination: Insights from STATE EMPLOYEES BARGAINING AGENT COALITION v. ROWLAND

Date: Jul 11, 2007

Legislative and Sovereign Immunity in Employment Termination: Insights from STATE EMPLOYEES BARGAINING AGENT COALITION v. ROWLAND Introduction STATE EMPLOYEES BARGAINING AGENT COALITION v. ROWLAND is...

Sabhnani v. United States: Reevaluating Pretrial Detention Conditions

Date: Jul 7, 2007

Sabhnani v. United States: Reevaluating Pretrial Detention Conditions Introduction Sabhnani v. United States (493 F.3d 63), decided by the United States Court of Appeals for the Second Circuit on...

Wisniewski v. Weedsport: Expanded Application of Tinker Standard to Online Student Speech and Foreseeable Disruption

Date: Jul 6, 2007

Wisniewski v. Weedsport: Expanded Application of Tinker Standard to Online Student Speech and Foreseeable Disruption Introduction Wisniewski v. Weedsport Central School District is a landmark case...

Reining in the Probate Exception: Lefkowitz v. Bank of New York Establishes Narrow Federal Jurisdiction in Estate Matters

Date: Jun 29, 2007

Reining in the Probate Exception: Lefkowitz v. Bank of New York Establishes Narrow Federal Jurisdiction in Estate Matters Introduction The case of Adrienne Marsh Lefkowitz v. The Bank of New York...

Second Circuit Upholds Inadmissibility of Drug-Related Solicitation Crimes: Mizrahi v. Gonzales Analysis

Date: Jun 28, 2007

Second Circuit Upholds Inadmissibility of Drug-Related Solicitation Crimes: Mizrahi v. Gonzales Introduction In the case of Alon Mizrahi v. Alberto R. Gonzales, Attorney General, the United States...

Establishing Limits of Long-Arm Jurisdiction in Defamation Cases: Best Van Lines, Inc. v. Tim Walker

Date: Jun 27, 2007

Establishing Limits of Long-Arm Jurisdiction in Defamation Cases: Best Van Lines, Inc. v. Tim Walker 1. Introduction The legal landscape of personal jurisdiction, particularly in defamation cases...

HEMSTREET v. GREINER: Reevaluating Ineffective Assistance of Counsel in Habeas Corpus Relief

Date: Jun 21, 2007

HEMSTREET v. GREINER: Reevaluating Ineffective Assistance of Counsel in Habeas Corpus Relief Introduction HEMSTREET v. GREINER, 491 F.3d 84 (2d Cir. 2007), is a significant judicial decision that...

Equitable Tolling in Habeas Corpus Petitions: Insights from Belot v. Burge

Date: Jun 21, 2007

Equitable Tolling in Habeas Corpus Petitions: Insights from Belot v. Burge Introduction The case of Jean M. Belot, Jr. v. John W. Burge, adjudicated by the United States Court of Appeals for the...

Enhancing Credibility Assessments and Residual Functional Capacity Evaluations in Social Security Disability Claims: Insights from Hogan v. Astrue

Date: Jun 20, 2007

Enhancing Credibility Assessments and Residual Functional Capacity Evaluations in Social Security Disability Claims: Insights from Hogan v. Astrue Introduction Hogan v. Astrue is a pivotal case...

Limitations of §1983 Liability in Identification Procedures: Insights from Raymond WRAY v. CITY OF NEW YORK

Date: Jun 19, 2007

Limitations of §1983 Liability in Identification Procedures: Insights from Raymond WRAY v. CITY OF NEW YORK Introduction The case of Raymond WRAY v. CITY OF NEW YORK serves as a critical examination...

Defining the Limits of Qualified Immunity in Post-9/11 Detention Practices: Ja v. Iqbal

Date: Jun 15, 2007

Defining the Limits of Qualified Immunity in Post-9/11 Detention Practices: Ja v. Iqbal Introduction Ja v. Iqbal, decided by the United States Court of Appeals for the Second Circuit on June 14,...

Second Circuit Vacates Default Judgment for Abuse of Discretion in Discovery Sanctions and Reassigns Case to Ensure Judicial Impartiality

Date: Jun 12, 2007

Second Circuit Vacates Default Judgment for Abuse of Discretion in Discovery Sanctions and Reassigns Case to Ensure Judicial Impartiality Introduction The case of Grigory Shcherbakovskiy v. Da Capo...

Affirmation of Miranda Limits and Sentencing Requirements: Analysis of United States v. Bearam

Date: Jun 9, 2007

Affirmation of Miranda Limits and Sentencing Requirements: Analysis of United States v. Bearam Introduction United States v. Bearam is a pivotal case decided by the United States Court of Appeals for...

Affirmation of Dismissal Against EMR and Remand of Jennings' Claim in Roth v. Jennings

Date: Jun 7, 2007

Affirmation of Dismissal Against EMR and Remand of Jennings' Claim in Roth v. Jennings Introduction The case of Andrew E. Roth, derivatively on behalf of Metal Management, Inc. v. T. Benjamin...

Adverse Credibility Findings Based on Inter-Proceeding Affidavit Similarities: A Precedent from Ye v. DOJ

Date: Jun 7, 2007

Adverse Credibility Findings Based on Inter-Proceeding Affidavit Similarities: A Precedent from Ye v. DOJ Introduction In the landmark case of Mei Chai Ye v. United States Department of Justice, the...

Affirmation and Clarification of the Automobile Exception in United States v. Howard

Date: Jun 6, 2007

Affirmation and Clarification of the Automobile Exception in United States v. Howard Introduction United States v. Howard, 489 F.3d 484 (2d Cir. 2007), addressed critical issues surrounding the...

Dismissal of Rzayeva v. United States: Addressing Frivolous and Discriminatory Claims

Date: Jun 1, 2007

Dismissal of Rzayeva v. United States: Addressing Frivolous and Discriminatory Claims Introduction In the case of Jasmin Rzayeva, Estate of Margo Musayelova v. United States of America, et al. (No....

Reinforcing Appropriate Placement Standards under the IDEA: Second Circuit Rules on Private School Reimbursement

Date: May 31, 2007

Reinforcing Appropriate Placement Standards under the IDEA: Second Circuit Rules on Private School Reimbursement Introduction The case of Anthony Gagliardo and Adele GAGLIARDO v. ARLINGTON CENTRAL...

Affirmation of Non-Compensable Security and Protective Gear Procedures Under FLSA

Date: May 31, 2007

Affirmation of Non-Compensable Security and Protective Gear Procedures Under FLSA Introduction In the case of James H. Gorman, Jr. et al. v. Consolidated Edison Corporation and Entergy Nuclear...

Second Circuit Reaffirms Nonpublic Forum Status of Military Installations in Sussman v. Crawford

Date: May 26, 2007

Second Circuit Reaffirms Nonpublic Forum Status of Military Installations in Sussman v. Crawford Introduction In Sussman v. Crawford, the United States Court of Appeals for the Second Circuit...