2d Circuit Case Commentaries

Kamagate v. Ashcroft: Defining Aggravated Felonies in Immigration Law

Date: Sep 22, 2004

Kamagate v. Ashcroft: Defining Aggravated Felonies in Immigration Law Introduction Karamokotie Kamagate, a lawful permanent resident of the United States, was convicted in 1998 for conspiracy to...

Second Circuit Affirms HUD’s Prohibition on Mark-Ups under RESPA §8(b)

Date: Sep 11, 2004

Second Circuit Affirms HUD’s Prohibition on Mark-Ups under RESPA §8(b) Introduction In the appellate case Kruse et al. v. Wells Fargo Home Mortgage, Inc., the United States Court of Appeals for the...

Qualified Immunity Under the "Stigma Plus" Doctrine: Insights from El v. ra Sadallah

Date: Sep 4, 2004

Qualified Immunity Under the "Stigma Plus" Doctrine: Insights from El v. ra Sadallah Introduction The case of Elvera Sadallah and Valley View Country Club, Inc. v. City of Utica and Edward Hanna,...

Voluntary Waiver of Jury Trial Rights in McMahon v. Hodges

Date: Sep 1, 2004

Voluntary Waiver of Jury Trial Rights in McMahon v. Hodges Introduction McMahon v. Hodges, 382 F.3d 284 (2d Cir. 2004), is a pivotal case decided by the United States Court of Appeals for the Second...

Limits on Altering Verdicts and Juror Affidavits in Munafo v. Metropolitan Transportation Authority

Date: Aug 25, 2004

Limits on Altering Verdicts and Juror Affidavits in Munafo v. Metropolitan Transportation Authority Introduction Munafo v. Metropolitan Transportation Authority is a pivotal case adjudicated by the...

Conflict of Interest and Attorney Disqualification in Narcotics Conspiracy Cases: Analysis of United States v. Jones

Date: Aug 24, 2004

Conflict of Interest and Attorney Disqualification in Narcotics Conspiracy Cases: Analysis of United States v. Jones Introduction United States of America v. Lance Jones and Lonnie Jones is a pivotal...

Exhaustion Requirements under the Prison Litigation Reform Act: Insights from Lawrence Johnson v. Testman and James

Date: Aug 19, 2004

Exhaustion Requirements under the Prison Litigation Reform Act: Insights from Lawrence Johnson v. Testman and James Introduction The case of Lawrence Johnson v. Ronald Testman, Lonnie James,...

Estoppel and Special Circumstances in Compliance with PLRA's Exhaustion Requirement: Insights from Hemphill v. State of New York

Date: Aug 19, 2004

Estoppel and Special Circumstances in Compliance with PLRA's Exhaustion Requirement: Insights from Hemphill v. State of New York Introduction In the landmark case of John Hemphill v. State of New...

Partial Exhaustion Doctrine Established under the Prison Litigation Reform Act: ORTIZ v. McBRIDE

Date: Aug 19, 2004

Partial Exhaustion Doctrine Established under the Prison Litigation Reform Act: ORTIZ v. McBRIDE Introduction ORTIZ v. McBRIDE, 380 F.3d 649 (2d Cir. 2004), is a landmark decision by the United...

Reinstatement of Jury Verdict in Drug Conspiracy Case: United States v. Alfonso

Date: Aug 19, 2004

Reinstatement of Jury Verdict in Drug Conspiracy Case: United States v. Alfonso Introduction The case of United States of America v. Elbio Espaillet, Martin Calderon, and Gerald Alfonso presents a...

Exhaustion of Administrative Remedies in Prison Litigation: The Abney v. McGinnis Decision

Date: Aug 19, 2004

Exhaustion of Administrative Remedies in Prison Litigation: The Abney v. McGinnis Decision Introduction Horace Abney v. McGinnis et al. is a pivotal case adjudicated by the United States Court of...

Exhaustion Requirements Under the PLRA for Retaliation Claims: Insights from GIANO v. GOORD

Date: Aug 19, 2004

Exhaustion Requirements Under the PLRA for Retaliation Claims: Insights from GIANO v. GOORD Introduction GIANO v. GOORD, 380 F.3d 670 (2d Cir. 2004), represents a pivotal case in the interpretation...

Causation in Jones Act Claims: Second Circuit Upholds Summary Judgment and Rejects The Pennsylvania Rule

Date: Aug 12, 2004

Causation in Jones Act Claims: Second Circuit Upholds Summary Judgment and Rejects The Pennsylvania Rule Introduction The legal landscape surrounding personal injury claims under the Jones Act has...

Second Circuit Affirms Breach of Duty of Fair Representation Against IAM for Discriminatory Seniority Practices

Date: Aug 11, 2004

Second Circuit Affirms Breach of Duty of Fair Representation Against IAM for Discriminatory Seniority Practices Introduction The case of Ramey et al. v. International Association of Machinists and...

Non-Frivolous Meritless Claims Do Not Entitle to Attorneys' Fees Under §1988

Date: Aug 10, 2004

Non-Frivolous Meritless Claims Do Not Entitle to Attorneys' Fees Under §1988 Introduction The case of Stephen Tancredi and Ronald Speidel v. Metropolitan Life Insurance Company and MetLife, Inc. (378...

Reversal of Exclusion for Intentionally Self-Inflicted Injuries in Accidental Death Insurance Claims: Critchlow v. First Unum Life Insurance

Date: Aug 10, 2004

Reversal of Exclusion for Intentionally Self-Inflicted Injuries in Accidental Death Insurance Claims: Critchlow v. First Unum Life Insurance Introduction The case of Shirley M. Critchlow v. First...

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2d Circuit Case Commentaries

Kamagate v. Ashcroft: Defining Aggravated Felonies in Immigration Law

Second Circuit Affirms HUD’s Prohibition on Mark-Ups under RESPA §8(b)

Qualified Immunity Under the "Stigma Plus" Doctrine: Insights from El v. ra Sadallah

Voluntary Waiver of Jury Trial Rights in McMahon v. Hodges

Limits on Altering Verdicts and Juror Affidavits in Munafo v. Metropolitan Transportation Authority

Conflict of Interest and Attorney Disqualification in Narcotics Conspiracy Cases: Analysis of United States v. Jones

Exhaustion Requirements under the Prison Litigation Reform Act: Insights from Lawrence Johnson v. Testman and James

Estoppel and Special Circumstances in Compliance with PLRA's Exhaustion Requirement: Insights from Hemphill v. State of New York

Partial Exhaustion Doctrine Established under the Prison Litigation Reform Act: ORTIZ v. McBRIDE

Reinstatement of Jury Verdict in Drug Conspiracy Case: United States v. Alfonso

Exhaustion of Administrative Remedies in Prison Litigation: The Abney v. McGinnis Decision

Exhaustion Requirements Under the PLRA for Retaliation Claims: Insights from GIANO v. GOORD

Causation in Jones Act Claims: Second Circuit Upholds Summary Judgment and Rejects The Pennsylvania Rule

Second Circuit Affirms Breach of Duty of Fair Representation Against IAM for Discriminatory Seniority Practices

Non-Frivolous Meritless Claims Do Not Entitle to Attorneys' Fees Under §1988

Reversal of Exclusion for Intentionally Self-Inflicted Injuries in Accidental Death Insurance Claims: Critchlow v. First Unum Life Insurance

Second Circuit Reaffirms High Deference to Arbitral Awards in Control Person Liability Cases

Inclusion of State Larceny in INA's Aggravated Felony: Insights from ABIMBOLA v. ASHCROFT

Continuing Conduct and Venue in 18 U.S.C. § 894 Crimes: An Analysis of United States v. Chen and Sun

Nonpublic Fora Designation for Welfare Office Waiting Rooms: Implications for Advocacy Access