2d Circuit Case Commentaries

Establishing 'Prevailing Party' Status in IDEA Administrative Proceedings: Second Circuit's Landmark Decision

Date: May 11, 2005

Establishing 'Prevailing Party' Status in IDEA Administrative Proceedings: Second Circuit's Landmark Decision Introduction The case of A.R. et al. v. New York City Department of Education represents...

Jurisdictional Clarification on Reviewing Nondiscretionary Immigration Eligibility Decisions: Sepulveda v. Gonzales

Date: May 5, 2005

Jurisdictional Clarification on Reviewing Nondiscretionary Immigration Eligibility Decisions: Sepulveda v. Gonzales Introduction The case of Luis Sepulveda v. Alberto Gonzales addresses the critical...

Assignment of Legal Malpractice Claims and Apparent Authority: Insights from Stichting v. Schreiber

Date: May 4, 2005

Assignment of Legal Malpractice Claims and Apparent Authority: Insights from Stichting v. Schreiber Introduction The case of Stichting Ter Behartiging Van De Belangen Van Oudaandeelhouders in het...

Establishing Precedents in Class Action Settlements for Unpaid Overtime: Frank v. Eastman Kodak Company

Date: Apr 30, 2005

Establishing Precedents in Class Action Settlements for Unpaid Overtime: Frank v. Eastman Kodak Company Introduction The case Alphonse J. Frank v. Eastman Kodak Company (228 F.R.D. 174) adjudicated...

Waiver of Civil Actions in 9/11 Wrongful Death Claims: Virgilio v. Motorola, Inc.

Date: Apr 30, 2005

Waiver of Civil Actions in 9/11 Wrongful Death Claims: Virgilio v. Motorola, Inc. Introduction The tragic events of September 11, 2001, not only resulted in the loss of thousands of lives but also...

Protecting Non-Parties from Undue Burden in Subpoena Compliance: Insights from Travelers v. MetLife

Date: Apr 29, 2005

Protecting Non-Parties from Undue Burden in Subpoena Compliance: Insights from Travelers v. MetLife Introduction The case of The Travelers Indemnity Company Travelers Casualty & Surety Company v....

Guidelines Advisory Post-Booker: United States v. Fagans

Date: Apr 28, 2005

Guidelines Advisory Post-Booker: United States v. Fagans Introduction United States v. Fagans (406 F.3d 138), decided by the United States Court of Appeals for the Second Circuit on April 27, 2005,...

Reaffirming Defendant's Confrontation and Compulsory Process Rights in Howard v. Walker

Date: Apr 27, 2005

Reaffirming Defendant's Confrontation and Compulsory Process Rights in Howard v. Walker Introduction Howard v. Walker, 406 F.3d 114 (2d Cir. 2005), is a significant appellate court decision that...

Clarifying Amendment Standards in §1983 Prisoner Rights Cases: Insights from Shell v. Correctional Officers

Date: Apr 22, 2005

Clarifying Amendment Standards in §1983 Prisoner Rights Cases: Insights from Shell v. Correctional Officers Introduction Shell v. Correctional Officers is a notable case adjudicated in the United...

Rejection of Substantial Compliance Doctrine in ERISA Claims: Second Circuit Establishes De Novo Review Standard

Date: Apr 22, 2005

Rejection of Substantial Compliance Doctrine in ERISA Claims: Second Circuit Establishes De Novo Review Standard Introduction In the landmark case of Cecilia Nichols v. The Prudential Insurance...

Second Circuit Affirms Habeas Relief for Due Process Violation in Denial of Justification Jury Instruction: Jackson v. Edwards

Date: Apr 15, 2005

Second Circuit Affirms Habeas Relief for Due Process Violation in Denial of Justification Jury Instruction: Jackson v. Edwards Introduction Reginald Jackson v. Ernest Edwards is a pivotal case...

Preemption of State Environmental Land Use Regulation by the Interstate Commerce Commission Termination Act: Green Mountain Railroad Corp. v. State of Vermont

Date: Apr 15, 2005

Preemption of State Environmental Land Use Regulation by the Interstate Commerce Commission Termination Act: Green Mountain Railroad Corp. v. State of Vermont Introduction The case of Green Mountain...

Monell Protections Sustained: State Statute 24 V.S.A. § 901 Does Not Abrogate Municipal Immunity Under 42 U.S.C. § 1983

Date: Apr 15, 2005

Monell Protections Sustained: State Statute 24 V.S.A. § 901 Does Not Abrogate Municipal Immunity Under 42 U.S.C. § 1983 Introduction In the landmark case Donald J. Coon, Jr. v. Town of Springfield et...

Legitimate Expectation of Privacy in Search and Seizure: Second Circuit Affirms Denial of Suppression Motion in Watson v. United States

Date: Apr 13, 2005

Legitimate Expectation of Privacy in Search and Seizure: Second Circuit Affirms Denial of Suppression Motion in Watson v. United States 1. Introduction Watson v. United States is a pivotal case...

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2d Circuit Case Commentaries

Establishing 'Prevailing Party' Status in IDEA Administrative Proceedings: Second Circuit's Landmark Decision

Jurisdictional Clarification on Reviewing Nondiscretionary Immigration Eligibility Decisions: Sepulveda v. Gonzales

Assignment of Legal Malpractice Claims and Apparent Authority: Insights from Stichting v. Schreiber

Establishing Precedents in Class Action Settlements for Unpaid Overtime: Frank v. Eastman Kodak Company

Waiver of Civil Actions in 9/11 Wrongful Death Claims: Virgilio v. Motorola, Inc.

Protecting Non-Parties from Undue Burden in Subpoena Compliance: Insights from Travelers v. MetLife

Guidelines Advisory Post-Booker: United States v. Fagans

Reaffirming Defendant's Confrontation and Compulsory Process Rights in Howard v. Walker

Clarifying Amendment Standards in §1983 Prisoner Rights Cases: Insights from Shell v. Correctional Officers

Rejection of Substantial Compliance Doctrine in ERISA Claims: Second Circuit Establishes De Novo Review Standard

Second Circuit Affirms Habeas Relief for Due Process Violation in Denial of Justification Jury Instruction: Jackson v. Edwards

Preemption of State Environmental Land Use Regulation by the Interstate Commerce Commission Termination Act: Green Mountain Railroad Corp. v. State of Vermont

Monell Protections Sustained: State Statute 24 V.S.A. § 901 Does Not Abrogate Municipal Immunity Under 42 U.S.C. § 1983

Legitimate Expectation of Privacy in Search and Seizure: Second Circuit Affirms Denial of Suppression Motion in Watson v. United States

Resentencing Before a Different Judge as a Remedy for Plea Agreement Breach in United States v. Vaval

Booker Non-Retroactivity Confirmed in Guzman v. United States

Fourth Amendment Reasonableness in Post-Arrest Procedures: Insights from Bryant v. City of New York

Concurrent Sentencing Authority of the Federal Bureau of Prisons: Hassan Abdul-Malik v. BOP

Establishing the Clear and Convincing Evidence Standard in Libel Cases: Insights from DIBELLA v. HOPKINS

Reaffirmation of Batson Standards and AEDPA Deference in DeBerry v. Portuondo