2d Circuit Case Commentaries

Sunward Electronics v. Dog Guard: Upholding Trademark Protection in Post-Dealership Communications

Date: Mar 4, 2004

Sunward Electronics v. Dog Guard: Upholding Trademark Protection in Post-Dealership Communications Introduction In the landmark case Sunward Electronics, Inc. v. Keith L. McDonald, Robert D....

Second Circuit Upholds FDPA §3593(c): Broad Evidence Admission in Capital Sentencing

Date: Mar 3, 2004

Second Circuit Upholds FDPA §3593(c): Broad Evidence Admission in Capital Sentencing Introduction In United States of America v. Donald Fell, 360 F.3d 135 (2d Cir. 2004), the United States Court of...

Wynder v. McMahon: Upholding Rule 8(a)'s Minimal Pleading Standards

Date: Mar 2, 2004

Wynder v. McMahon: Upholding Rule 8(a)'s Minimal Pleading Standards Introduction Wynder v. McMahon, 360 F.3d 73 (2d Cir. 2004), is a pivotal appellate court decision from the United States Court of...

Strength of Common Surnames in Trademark Infringement: Insights from Brennan's, Inc. v. Brennan's Restaurant, L.L.C.

Date: Feb 27, 2004

Strength of Common Surnames in Trademark Infringement: Insights from Brennan's, Inc. v. Brennan's Restaurant, L.L.C. Introduction Brennan's, Inc. v. Brennan's Restaurant, L.L.C., 360 F.3d 125 (2d...

Khouzam v. Ashcroft: Reinforcing the Correct Interpretation of the Convention Against Torture

Date: Feb 25, 2004

Khouzam v. Ashcroft: Reinforcing the Correct Interpretation of the Convention Against Torture Introduction Khouzam v. Ashcroft, 361 F.3d 161 (2d Cir. 2004), addresses critical issues surrounding...

Judicial Safeguards on Sua Sponte Conversion of Post-Conviction Motions: Insights from Simon v. United States

Date: Feb 20, 2004

Judicial Safeguards on Sua Sponte Conversion of Post-Conviction Motions: Insights from Simon v. United States Introduction Simon v. United States, 359 F.3d 139 (2d Cir. 2004), is a pivotal case that...

Enhancing Due Consideration in Asylum Claims: The Chen v. INS Decision

Date: Feb 19, 2004

Enhancing Due Consideration in Asylum Claims: The Chen v. INS Decision Introduction The case of Tian-Yong Chen v. United States Immigration and Naturalization Service (INS) represents a pivotal...

Enforceability of Appeal Waivers in Plea Agreements: Analysis of United States v. Monzon

Date: Feb 19, 2004

Enforceability of Appeal Waivers in Plea Agreements: Analysis of United States v. Monzon Introduction In the case of United States of America v. Judith Monzon, the United States Court of Appeals for...

Balancing Press Access and Fair Trial Rights: The ABC, Inc. v. Stewart Decision

Date: Feb 19, 2004

Balancing Press Access and Fair Trial Rights: The ABC, Inc. v. Stewart Decision Introduction The case of ABC, Inc., et al. v. Martha Stewart, Peter Bacano (360 F.3d 90) presents a critical...

Clarification of "Reasonable Reliance" in Civil RICO Claims Based on Bank Fraud: Bank of China v. NBM LLC

Date: Feb 18, 2004

Clarification of "Reasonable Reliance" in Civil RICO Claims Based on Bank Fraud: Bank of China, New York Branch v. NBM LLC et al. Introduction The case of Bank of China, New York Branch versus...

Second Circuit Upholds Rigorous Daubert Standards for Expert Testimony in Design Defect Litigation

Date: Feb 14, 2004

Second Circuit Upholds Rigorous Daubert Standards for Expert Testimony in Design Defect Litigation Introduction In the landmark appellate decision of Robert Zaremba et al. v. General Motors...

Title VII Protections Affirmed for WEP Participants under PRWORA

Date: Feb 14, 2004

Title VII Protections Affirmed for WEP Participants under PRWORA Introduction In the case of United States of America, Norma Colon, Plaintiffs-Appellants, Maria E. Gonzalez, Tammy Auer, Theresa...

McEachin v. McGuinnis: Strengthening Inmate First Amendment Protections

Date: Feb 6, 2004

McEachin v. McGuinnis: Strengthening Inmate First Amendment Protections Introduction Guy McEachin, a Muslim inmate at the Southport Correctional Facility in Pine City, New York, filed a lawsuit...

Supplemental Jurisdiction Over Permissive Counterclaims in Class Actions: Jones v. Ford Motor Credit Co.

Date: Feb 6, 2004

Supplemental Jurisdiction Over Permissive Counterclaims in Class Actions: Jones v. Ford Motor Credit Co. Introduction Jones v. Ford Motor Credit Co., 358 F.3d 205 (2d Cir. 2004), is a pivotal case...

CUNY as an Arm of the State: Eleventh Amendment Immunity Affirmed

Date: Feb 4, 2004

CUNY as an Arm of the State: Eleventh Amendment Immunity Affirmed Introduction In the landmark case Clissuras v. City University of New York, decided by the United States Court of Appeals for the...

Ramsameachire v. Ashcroft: Establishing Independence of CAT Claims from Asylum Credibility Determinations

Date: Feb 4, 2004

Ramsameachire v. Ashcroft: Establishing Independence of CAT Claims from Asylum Credibility Determinations Introduction Ramsameachire v. Ashcroft is a pivotal case decided by the United States Court...

Affirmation of Qualified Immunity for State Attorney General in Medical Decision Intervention: Blouin v. Spitzer

Date: Feb 3, 2004

Affirmation of Qualified Immunity for State Attorney General in Medical Decision Intervention: Blouin v. Spitzer Introduction Blouin v. Spitzer is a pivotal case adjudicated by the United States...

Second Circuit Expands Standing in Facial First Amendment Challenges to Local Sign Ordinances

Date: Feb 3, 2004

Second Circuit Expands Standing in Facial First Amendment Challenges to Local Sign Ordinances Introduction Lamar Advertising of Penn, LLC v. Town of Orchard Park, New York, 356 F.3d 365 (2d Cir....

Reaffirmation of Absolute Prosecutorial Immunity in Advocative Functions: Bernard v. County of Suffolk

Date: Jan 31, 2004

Reaffirmation of Absolute Prosecutorial Immunity in Advocative Functions: Bernard v. County of Suffolk Introduction Facts of the Case: In Bernard v. County of Suffolk, Plaintiffs-Appellees—Michael...

Qualified Immunity and Due Process in Prison Disciplinary Actions: Analysis of Luna v. Pico and Cave

Date: Jan 31, 2004

Qualified Immunity and Due Process in Prison Disciplinary Actions: Analysis of Luna v. Pico and Cave, 356 F.3d 481 (2d Cir. 2004) Introduction Luna v. Pico and Cave, decided by the United States...

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