2d Circuit Case Commentaries

Setting Precedent: Gender Stereotyping of Mothers as Equal Protection Violation Under §1983

Date: Apr 8, 2004

Setting Precedent: Gender Stereotyping of Mothers as Equal Protection Violation Under §1983 Introduction The landmark case of Elana Back v. Hastings On Hudson Union Free School District, adjudicated...

Limits of ADA Accommodations in Medical Education: Powell v. National Board of Medical Examiners and University of Connecticut School of Medicine

Date: Apr 8, 2004

Limits of ADA Accommodations in Medical Education: Powell v. National Board of Medical Examiners and University of Connecticut School of Medicine Introduction In the case of Marie Powell v. National...

Affirmation of Summary Judgment in Mormol v. Costco: Reinforcing Standards for Tangible Employment Actions under Title VII

Date: Apr 7, 2004

Affirmation of Summary Judgment in Mormol v. Costco: Reinforcing Standards for Tangible Employment Actions under Title VII Introduction Mormol v. Costco Wholesale Corporation (364 F.3d 54),...

Affirming Due Process in Prison Disciplinary Actions: The Role of Qualified Immunity and Evidence Integrity

Date: Apr 7, 2004

Affirming Due Process in Prison Disciplinary Actions: The Role of Qualified Immunity and Evidence Integrity Introduction The case of Anthony Palmer v. Paul Richards and Ronald Goss centers on alleged...

Enhancing Judicial Scrutiny of Expert Testimony by Law Enforcement: The Cruz Decision and Its Implications

Date: Apr 3, 2004

Enhancing Judicial Scrutiny of Expert Testimony by Law Enforcement: The Cruz Decision and Its Implications Introduction United States v. Cruz, 363 F.3d 187 (2d Cir. 2004), is a pivotal case that...

Second Circuit Establishes Public Concern Requirement for First Amendment Freedom of Association Retaliation Claims

Date: Apr 3, 2004

Second Circuit Establishes Public Concern Requirement for First Amendment Freedom of Association Retaliation Claims Introduction In the landmark case of Dwayne COBB and Jeffrey Rouse v. Rocco POZZI,...

Reasonableness of Computer Monitoring Conditions in Probation: Lifshitz v. United States

Date: Mar 31, 2004

Reasonableness of Computer Monitoring Conditions in Probation: Lifshitz v. United States Introduction The case of United States of America v. Brandon Michael Lifshitz, 369 F.3d 173 (2d Cir. 2004),...

Balancing Fourth Amendment Rights and Probationary Supervision: United States v. Lifshitz

Date: Mar 31, 2004

Balancing Fourth Amendment Rights and Probationary Supervision: United States v. Lifshitz Introduction United States of America v. Brandon Michael Lifshitz is a pivotal case adjudicated by the United...

Streamlined Review Procedures and Due Process: An Analysis of Zhang v. Ashcroft

Date: Mar 25, 2004

Streamlined Review Procedures and Due Process: An Analysis of Zhang v. Ashcroft Introduction The case Yu Sheng Zhang v. United States Department of Justice explores the interplay between streamlined...

IBM v. Liberty Mutual: Establishing the 'Last Day of Last Exposure' as Trigger for Insurer's Duty to Defend

Date: Mar 20, 2004

IBM v. Liberty Mutual: Establishing the 'Last Day of Last Exposure' as Trigger for Insurer's Duty to Defend Introduction The case of International Business Machines Corporation (IBM) v. Liberty...

Minimal Nexus to Interstate Commerce Sufficient for Hobbs Act Convictions: Analysis of United States v. Wilkerson

Date: Mar 19, 2004

Minimal Nexus to Interstate Commerce Sufficient for Hobbs Act Convictions: Analysis of United States v. Wilkerson Introduction United States of America v. Linwood Wilkerson, 361 F.3d 717 (2d Cir....

Associational Standing and Statute of Limitations in Environmental Litigation: Insights from BANO v. UNCP

Date: Mar 18, 2004

Associational Standing and Statute of Limitations in Environmental Litigation: Insights from BANO v. Union Carbide Introduction The case of Sajida BANO, Haseena BI, Sunil Kumar, Dr. Stanley Norton,...

Circumstantial Evidence and the Material Adversity Standard in Title VII Retaliation Claims: An Analysis of SANDERS v. CITY OF NEW YORK

Date: Mar 17, 2004

Circumstantial Evidence and the Material Adversity Standard in Title VII Retaliation Claims: An Analysis of SANDERS v. CITY OF NEW YORK Introduction SANDERS v. CITY OF NEW YORK, 361 F.3d 749 (2d Cir....

Establishing Municipal Liability for Police Misconduct under §1983: Insights from AMNESTY AMERICA v. TOWN OF WEST HARTFORD

Date: Mar 16, 2004

Establishing Municipal Liability for Police Misconduct under §1983: Insights from AMNESTY AMERICA v. TOWN OF WEST HARTFORD 1. Introduction AMNESTY AMERICA v. TOWN OF WEST HARTFORD is a pivotal case...

Westport Library Association v. Horvath: Defining State Action in Section 1983 Claims

Date: Mar 12, 2004

Westport Library Association v. Horvath: Defining State Action in Section 1983 Claims Introduction The case of Ilona Horvath v. Westport Library Association, adjudicated by the United States Court of...

Second Circuit Limits Bank Liability Under PACA Trust Provisions

Date: Mar 12, 2004

Second Circuit Limits Bank Liability Under PACA Trust Provisions Introduction The case of American Banana Co., Inc. et al. v. Republic National Bank of New York, N.A. (362 F.3d 33) presents a pivotal...

Determining Attorney’s Fee Reductions Under 42 U.S.C. §1988(b): Insights from GREEN v. TORRES

Date: Mar 12, 2004

Determining Attorney’s Fee Reductions Under 42 U.S.C. §1988(b): Insights from GREEN v. TORRES Introduction Ray Green, the plaintiff-appellant, filed a lawsuit against several New York City police...

Substantial Evidence Supersedes Treating Physician's Opinion in Social Security Disability Determinations

Date: Mar 10, 2004

Substantial Evidence Supersedes Treating Physician's Opinion in Social Security Disability Determinations Introduction In the case of Darline Halloran v. Jo Anne Barnhart, Commissioner of the Social...

Mental Injury Liability Under the Warsaw Convention Limited to those Caused by Physical Injury – Ehrlich v. American Airlines

Date: Mar 9, 2004

Mental Injury Liability Under the Warsaw Convention Limited to those Caused by Physical Injury – Ehrlich v. American Airlines Introduction In the case of Gary Ehrlich and Maryanne Ehrlich v. American...

Second Circuit Enhances Enforcement of Joint Venture Agreements and Clarifies Jurisdictional Remedies in SCS Communications v. Herrick

Date: Mar 4, 2004

Second Circuit Enhances Enforcement of Joint Venture Agreements and Clarifies Jurisdictional Remedies in SCS Communications v. Herrick Introduction The appellate decision in SCS Communications, Inc....

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