2d Circuit Case Commentaries

Affirmation of Involuntary Medication Standards under SELL v. UNITED STATES: United States v. Aaron Gomes

Date: Oct 26, 2004

Affirmation of Involuntary Medication Standards under SELL v. UNITED STATES: United States v. Aaron Gomes Introduction The case of United States v. Aaron Gomes (387 F.3d 157) serves as a pivotal...

Establishing Standards for Ineffective Assistance of Counsel: Cox v. Donnelly

Date: Oct 23, 2004

Establishing Standards for Ineffective Assistance of Counsel: Cox v. Donnelly Introduction Rodney Cox appellant in Rodney Cox v. Edward R. Donnelly, Superintendent, Wende Correctional Facility; and...

Establishing Jurisdiction and Remedy Limitations in Uzan Fraud Case

Date: Oct 23, 2004

Establishing Jurisdiction and Remedy Limitations in Uzan Fraud Case Introduction The case of MOTOROLA CREDIT CORPORATION and Nokia Corporation vs. Kemal Uzan, Cem Cengiz Uzan, Murat Hakan Uzan, et...

Fabri v. United Technologies: Upholding CUTPA Remedies and the Limits of Punitive Damages

Date: Oct 22, 2004

Fabri v. United Technologies: Upholding CUTPA Remedies and the Limits of Punitive Damages Introduction In the landmark case of Juan F. Fabri, Sr. and Juan F. Fabri, Jr. v. United Technologies...

Second Circuit Reverses Partial Summary Judgment in Antitrust Case: Defining Relevant Markets and Establishing Standing in Geneva Pharmaceuticals v. Barr Laboratories

Date: Oct 19, 2004

Second Circuit Reverses Partial Summary Judgment in Antitrust Case: Defining Relevant Markets and Establishing Standing in Geneva Pharmaceuticals v. Barr Laboratories Introduction The case of Geneva...

Qualified Immunity Defense in Rule 12(b)(6) Motions: Affirmation in McKenna v. Wright

Date: Oct 19, 2004

Qualified Immunity Defense in Rule 12(b)(6) Motions: Affirmation in McKenna v. Wright Introduction The case of Edward McKenna v. Lester N. Wright et al. presents a pivotal analysis of the application...

Reaffirming Plaintiff's Forum Choice: Second Circuit Sets Precedent on Forum Non Conveniens for U.S. Plaintiffs in Home Forum

Date: Oct 9, 2004

Reaffirming Plaintiff's Forum Choice: Second Circuit Sets Precedent on Forum Non Conveniens for U.S. Plaintiffs in Home Forum Introduction In the appellate case of Pat Gross v. British Broadcasting...

Federalism and Sentencing: The Rosario Decision on Sex Offender Registration and Sentence Modification

Date: Oct 9, 2004

Federalism and Sentencing: The Rosario Decision on Sex Offender Registration and Sentence Modification Introduction United States of America v. Roberto Rosario, 386 F.3d 166 (2d Cir. 2004), is a...

Equitable Relief for Delayed Administrative Decisions: Mackey v. Board of Education Sets Precedent for Retroactive Tuition Reimbursement under IDEA

Date: Oct 8, 2004

Equitable Relief for Delayed Administrative Decisions: Mackey v. Board of Education Sets Precedent for Retroactive Tuition Reimbursement under IDEA Introduction The case of Thomas MacKEY and Barbara...

Huminski v. Corsones: Defining First Amendment Access Rights and Judicial Immunity

Date: Oct 8, 2004

Huminski v. Corsones: Defining First Amendment Access Rights and Judicial Immunity Introduction Huminski v. Corsones is a pivotal case decided by the United States Court of Appeals for the Second...

Exemption from Administrative Exhaustion in Systemic Education Violations: Insights from J.S. v. N.S., et al.

Date: Oct 7, 2004

Exemption from Administrative Exhaustion in Systemic Education Violations: Insights from J.S. v. N.S., 386 F.3d 107 (2d Cir. 2004) Introduction In the landmark case of J.S. v. N.S., heard by the...

Access to the Courts for Pretrial Detainees: Bourdon v. Loughren Establishes Counsel as Sufficient Means

Date: Oct 6, 2004

Access to the Courts for Pretrial Detainees: Bourdon v. Loughren Establishes Counsel as Sufficient Means Introduction In Ronald D. Bourdon v. Thomas Loughren et al., the United States Court of...

Jacques v. DiMarzio, Inc.: Defining "Substantial Limitation" in ADA's "Interacting with Others"

Date: Oct 6, 2004

Jacques v. DiMarzio, Inc.: Defining "Substantial Limitation" in ADA's "Interacting with Others" Introduction Jacques v. DiMarzio, Inc. is a seminal case decided by the United States Court of Appeals...

Zhang v. INS: Evaluating Credibility and Corroborative Evidence in Asylum Claims

Date: Oct 6, 2004

Zhang v. INS: Evaluating Credibility and Corroborative Evidence in Asylum Claims Introduction The case of Zhou Yun Zhang v. United States Immigration and Naturalization Service (INS), decided by the...

Exclusive Government Funding Excludes Employee Benefit Plans from ERISA Jurisdiction

Date: Oct 2, 2004

Exclusive Government Funding Excludes Employee Benefit Plans from ERISA Jurisdiction Introduction The appellate case of Anna Gualandi and Claudia Travers v. Gloria Adams et al., decided by the United...

Affirmation of Summary Judgment in Negligent Retention and Supervision: Karl EHRENS v. LUTHERAN CHURCH-MISSOURI SYNOD

Date: Oct 1, 2004

Affirmation of Summary Judgment in Negligent Retention and Supervision: Karl EHRENS v. LUTHERAN CHURCH-MISSOURI SYNOD Introduction The case of Karl EHRENS v. LUTHERAN CHURCH-MISSOURI SYNOD presents a...

Petrosino v. Bell Atlantic: Establishing Standards for Hostile Work Environments under Title VII

Date: Sep 30, 2004

Petrosino v. Bell Atlantic: Establishing Standards for Hostile Work Environments under Title VII Introduction In the landmark case of Petrosino v. Bell Atlantic, decided by the United States Court of...

Conscious Avoidance and Specific Intent in Drug Conspiracy: Morgan v. United States

Date: Sep 29, 2004

Conscious Avoidance and Specific Intent in Drug Conspiracy: Morgan v. United States Introduction Case Citation: UNITED STATES of America v. Wendy Lynn Morgan, 385 F.3d 196 (2d Cir. 2004) Court:...

Severance of Counts and Youthful Offender Adjudication in Federal Sentencing: Analysis of United States v. Sampson

Date: Sep 29, 2004

Severance of Counts and Youthful Offender Adjudication in Federal Sentencing: Analysis of United States v. Sampson Introduction United States of America v. Juma Sampson, 385 F.3d 183 (2d Cir. 2004),...

Strict Interpretation of RICO’s Pattern Requirement: Second Circuit Affirms Dismissal in First Capital Asset Management Case

Date: Sep 28, 2004

Strict Interpretation of RICO’s Pattern Requirement: Second Circuit Affirms Dismissal in First Capital Asset Management Case Introduction In the landmark case of First Capital Asset Management, Inc....

Previous Next