2d Circuit Case Commentaries

Asylum Eligibility for Non-Married Partners under Chinese Family Planning Policies: Insights from Pan v. U.S. Attorney General

Date: May 24, 2006

Asylum Eligibility for Non-Married Partners under Chinese Family Planning Policies: Insights from Pan v. U.S. Attorney General Introduction In the case of Gui Ci Pan v. United States Attorney...

NY Prospective Hospital Reimbursement Methodology and Its Impact on Health Insurance Contracts: Analysis of BETH ISRAEL MEDICAL CENTER v. Horizon Blue Cross Case

Date: May 20, 2006

NY Prospective Hospital Reimbursement Methodology and Its Impact on Health Insurance Contracts: Analysis of BETH ISRAEL MEDICAL CENTER v. Horizon Blue Cross Case Introduction The case of BETH ISRAEL...

Preemption of State Tort Claims for PMA-Approved Medical Devices: Insights from Riegel v. Medtronic

Date: May 17, 2006

Preemption of State Tort Claims for PMA-Approved Medical Devices: Insights from Riegel v. Medtronic Introduction The landmark case of Charles R. Riegel and Donna S. Riegel, Plaintiffs-Appellants, v....

Nationality Determination and Legal Standards in Asylum Cases: Analysis of Wangchuck v. Department of Homeland Security

Date: May 16, 2006

Nationality Determination and Legal Standards in Asylum Cases: Analysis of Wangchuck v. Department of Homeland Security Introduction The case of Jigme Wangchuck v. Department of Homeland Security,...

Caplaw Enterprises v. Cleveland and Jackson: Establishing Vicarious Liability under the Fair Housing Act

Date: May 16, 2006

Caplaw Enterprises v. Cleveland and Jackson: Establishing Vicarious Liability under the Fair Housing Act Introduction The case of Brandon Cleveland and Isiah Jackson v. Caplaw Enterprises (448 F.3d...

Ensuring Sufficient Factual Basis in Guilty Pleas: Analysis of United States v. Adams

Date: May 11, 2006

Ensuring Sufficient Factual Basis in Guilty Pleas: Analysis of United States v. Adams Introduction United States of America v. Kenneth Hart Adams, 448 F.3d 492 (2d Cir. 2006), is a pivotal case that...

Fair Use Protection for Reproducing Concert Posters in Biographical Works

Date: May 10, 2006

Fair Use Protection for Reproducing Concert Posters in Biographical Works Introduction The case of Bill Graham Archives, LLC v. Dorling Kindersley Limited addresses the scope of copyright protection...

Limited Fiduciary Duties of Insurance Brokers Confirmed: GlobalNet Financial.com, Inc. v. Frank Crystal Co., Inc.

Date: May 6, 2006

Limited Fiduciary Duties of Insurance Brokers Confirmed: GlobalNet Financial.com, Inc. v. Frank Crystal Co., Inc., 449 F.3d 377 (2d Cir. 2006) Introduction The case of GlobalNet Financial.com, Inc....

Clarifying Associational Standing and Pre-Suit Notice Requirements in Environmental Litigation

Date: May 6, 2006

Clarifying Associational Standing and Pre-Suit Notice Requirements in Environmental Litigation Introduction The case of Building and Construction Trades Council of Buffalo, New York and Vicinity v....

Special Circumstances Exception to PLRA Exhaustion Requirements: Insights from Brownell v. Krom

Date: May 4, 2006

Special Circumstances Exception to PLRA Exhaustion Requirements: Insights from Brownell v. Krom Introduction Brownell v. Krom is a pivotal case adjudicated by the United States Court of Appeals for...

Clarifying Statute of Limitations Tolling and Sentencing Disparities in Narcotics Conspiracies: Insights from US v. Florez

Date: May 4, 2006

Clarifying Statute of Limitations Tolling and Sentencing Disparities in Narcotics Conspiracies: Insights from US v. Florez Introduction In the landmark case of United States of America v. Jose D....

Himalaya Clause Extends Carrier Liability Limitations to Subcontracted Rail Carriers: Analysis of American Home Assurance v. Hapag Lloyd

Date: May 4, 2006

Himalaya Clause Extends Carrier Liability Limitations to Subcontracted Rail Carriers: Analysis of American Home Assurance Company v. Hapag Lloyd Container Linie, GmbH Introduction The case of...

Material Inconsistencies and Substantial Evidence in Adverse Credibility Determinations: Ye v. Department of Homeland Security

Date: May 3, 2006

Material Inconsistencies and Substantial Evidence in Adverse Credibility Determinations: Ye v. Department of Homeland Security Introduction In the case of Xian Tuan Ye v. Department of Homeland...

Establishing Standards for "Color of Law" in Oppression and Intimidation: United States v. Eva C. Temple

Date: May 2, 2006

Establishing Standards for "Color of Law" in Oppression and Intimidation: United States v. Eva C. Temple Introduction United States of America v. Eva C. Temple, 447 F.3d 130 (2nd Cir. 2006),...

Strengthening Supervised Release for Sex Offenders: Polygraph Testing and Internet Restrictions in United States v. Johnson

Date: May 2, 2006

Strengthening Supervised Release for Sex Offenders: Polygraph Testing and Internet Restrictions in United States v. Johnson Introduction The case of United States of America v. Jeffrey A. Johnson...

Affirmation of Adverse Credibility Findings Based on Substantial Evidence: Tu Lin v. Gonzales

Date: Apr 28, 2006

Affirmation of Adverse Credibility Findings Based on Substantial Evidence: Tu Lin v. Gonzales Introduction Tu Lin v. Alberto R. Gonzales is a pivotal case adjudicated by the United States Court of...

Balancing Free Speech and Public Trust: LOCURTO v. GIULIANI Establishes New Precedent on Government Employee Speech

Date: Apr 28, 2006

Balancing Free Speech and Public Trust: LOCURTO v. GIULIANI Establishes New Precedent on Government Employee Speech 1. Introduction LOCURTO v. GIULIANI, 447 F.3d 159 (2d Cir. 2006), is a seminal case...

Establishing Fiduciary Duty Standards in ERISA ESOP Transactions: Insights from U.S. Trust v. CommutAir

Date: Apr 27, 2006

Establishing Fiduciary Duty Standards in ERISA ESOP Transactions: Insights from U.S. Trust v. CommutAir Introduction The case of Joseph Henry and Michael Malinky v. Champlain Enterprises, Inc., d/b/a...

Affirmation of Anti-Stacking Provision in Allstate's Insurance Policy: GREENIDGE v. ALLSTATE INSURANCE COMPANY

Date: Apr 26, 2006

Affirmation of Anti-Stacking Provision in Allstate's Insurance Policy: GREENIDGE v. ALLSTATE INSURANCE COMPANY Introduction GREENIDGE v. ALLSTATE INSURANCE COMPANY, 446 F.3d 356 (2d Cir. 2006), is a...

Enhancing Standards for Hostile Work Environment Claims: Schiano v. Quality Payroll Systems

Date: Apr 25, 2006

Enhancing Standards for Hostile Work Environment Claims: Schiano v. Quality Payroll Systems Introduction Nicole Schiano v. Quality Payroll Systems, Inc. and Michael Tintweiss, 445 F.3d 597 (2d Cir....