2d Circuit Case Commentaries

Finality of Criminal Judgments and Retroactive Application of UNITED STATES v. BOOKER: An Analysis of Stanley Burrell v. United States

Date: Oct 19, 2006

Finality of Criminal Judgments and Retroactive Application of UNITED STATES v. BOOKER: An Analysis of Stanley Burrell v. United States Introduction Stanley Burrell v. United States of America, 467...

Mixed Sanctions in Prison Discipline: §1983 Claims Without Favorable Termination

Date: Oct 18, 2006

Mixed Sanctions in Prison Discipline: §1983 Claims Without Favorable Termination Introduction The case of Jose Peralta v. Sandra Vasquez et al., decided by the United States Court of Appeals for the...

Immediate Implementation of Individualized Education Programs Under IDEA: D.D. v. Defendants-Appellate Decision Commentary

Date: Oct 13, 2006

Immediate Implementation of Individualized Education Programs Under IDEA: D.D. v. Defendants-Appellate Decision Commentary Introduction The case of D.D., a minor, et al. v. Defendants-Appellants...

Eleventh Amendment Immunity for Local Boards of Education Rejected in Woods v. Rondout Valley Central School District Board of Education

Date: Oct 11, 2006

Eleventh Amendment Immunity for Local Boards of Education Rejected in Woods v. Rondout Valley Central School District Board of Education Introduction In the case of Harold R.A. Woods vs. Rondout...

Reaffirming District Courts' Mandatory Jurisdiction Over International Comity in Parallel Foreign Proceedings: RSA v. Century America

Date: Oct 11, 2006

Reaffirming District Courts' Mandatory Jurisdiction Over International Comity in Parallel Foreign Proceedings: RSA v. Century America Introduction The case Royal and Sun Alliance Insurance Company of...

Enhanced Protections for Disabled Individuals' Refusal of Medical Treatment: Green v. City of New York Sets New Precedent

Date: Oct 6, 2006

Enhanced Protections for Disabled Individuals' Refusal of Medical Treatment: Green v. City of New York Sets New Precedent Introduction In the landmark case of Green v. City of New York, the United...

Federal Preemption of State Product Liability in Desiano v. Warner-Lambert: A Comprehensive Analysis

Date: Oct 6, 2006

Federal Preemption of State Product Liability in Desiano v. Warner-Lambert: A Comprehensive Analysis Introduction The case of Caesar Desiano et al. v. Warner-Lambert Co., et al. (467 F.3d 85)...

Second Circuit Limits Qualified Immunity in Cases of Excessive Force Against Peaceful Protesters

Date: Oct 5, 2006

Second Circuit Limits Qualified Immunity in Cases of Excessive Force Against Peaceful Protesters Introduction In the landmark case Papineau et al. v. Parmley et al., decided on October 4, 2006, the...

Affirmation of Nonparty Standing for Creditors' Committees and 'Fair and Reasonable' Review Standard in SEC Fair Fund Distributions

Date: Oct 3, 2006

Affirmation of Nonparty Standing for Creditors' Committees and 'Fair and Reasonable' Review Standard in SEC Fair Fund Distributions Introduction The case of Official Committee of Unsecured Creditors...

Second Circuit Reinforces Proper Admissibility of Valuation Evidence and Accurate Jury Instructions in Stock Option Breach Cases

Date: Sep 30, 2006

Second Circuit Reinforces Proper Admissibility of Valuation Evidence and Accurate Jury Instructions in Stock Option Breach Cases Introduction In the appellate case Mark Boyce v. Soundview Technology...

Defining Boundaries of Qualified Immunity in Police Retaliation Cases: Insights from SKEHAN v. Village of Mamaroneck

Date: Sep 27, 2006

Defining Boundaries of Qualified Immunity in Police Retaliation Cases: Insights from SKEHAN v. Village of Mamaroneck Introduction The case of Jeremy SKEHAN, John Dicioccio, Peter Monachelli, and Paul...

Affirmation of Dismissal for Fiduciary Duty Breaches Under Section 36(b) of the Investment Company Act

Date: Sep 27, 2006

Affirmation of Dismissal for Fiduciary Duty Breaches Under Section 36(b) of the Investment Company Act Introduction In the case of Lionel Amron, Chana Yampolsky, and David Yampolsky v. Morgan Stanley...

Second Circuit Upholds Supplemental Jurisdiction in Legal Malpractice Claims Arising from Securities Class Actions

Date: Sep 26, 2006

Second Circuit Upholds Supplemental Jurisdiction in Legal Malpractice Claims Arising from Securities Class Actions Introduction In the case of Achtman et al. v. Kirby, McInerney Squire, LLP, and...

Affirmation of Wage Freeze Legality under Contracts and Takings Clauses in Municipal Fiscal Crisis: Buffalo Council v. Sors

Date: Sep 22, 2006

Affirmation of Wage Freeze Legality under Contracts and Takings Clauses in Municipal Fiscal Crisis: Buffalo Council v. Sors Introduction The case of Buffalo Educational Support Team, NEA/NY,...

Retroactive Application of 'Aggravated Felony' in Naturalization Eligibility: Chan v. Gantner

Date: Sep 21, 2006

Retroactive Application of 'Aggravated Felony' in Naturalization Eligibility: Chan v. Gantner Introduction The case of Kai Tung Chan v. Mary Ann Gantner, decided by the United States Court of Appeals...

Edimo-Doualla Decision: Cumulative Assessment and Correct Application of Persecution Standards in Asylum Claims

Date: Sep 20, 2006

Edimo-Doualla Decision: Cumulative Assessment and Correct Application of Persecution Standards in Asylum Claims Introduction The case of Yves Gautier Edimo-Doualla v. Alberto R. Gonzales, decided on...

Standing Limitations for Futures Commission Merchants Under Commodity Exchange Act: Klein Co. Futures Inc. v. Board of Trade

Date: Sep 19, 2006

Standing Limitations for Futures Commission Merchants Under Commodity Exchange Act Klein Co. Futures Inc. v. Board of Trade of the City of New York et al. Court: United States Court of Appeals,...

Second Circuit Establishes Procedural Safeguards for Bankruptcy Appeals under Rule 8001

Date: Sep 19, 2006

Second Circuit Establishes Procedural Safeguards for Bankruptcy Appeals under Rule 8001 Introduction The United States Court of Appeals for the Second Circuit, in In re Robert E. Harris, addressed...

Zelnik v. FIT: Defining Adverse Employment Actions in First Amendment Retaliation Claims

Date: Sep 15, 2006

Zelnik v. FIT: Defining Adverse Employment Actions in First Amendment Retaliation Claims Introduction In the landmark appellate case Martin Zelnik v. Fashion Institute of Technology (FIT), the United...

Protected Property Interest Not Established in Sewer District Extension Denial: An Analysis of Clubside, Inc. v. Valentin

Date: Sep 14, 2006

Protected Property Interest Not Established in Sewer District Extension Denial: An Analysis of Clubside, Inc. v. Valentin Introduction In Clubside, Inc., Plaintiff-Appellee-Cross-Appellant, v. Eric...