2d Circuit Case Commentaries

Proper Amendment Procedures and Anti-Cutback Protections under ERISA: Insights from FROMMERT v. CONKRIGHT

Date: Jan 7, 2006

Proper Amendment Procedures and Anti-Cutback Protections under ERISA: Insights from FROMMERT v. CONKRIGHT Introduction In the landmark case FROMMERT v. CONKRIGHT, adjudicated by the United States...

Revocation of Union Leave Constitutes Adverse Employment Action: Second Circuit Court of Appeals in Hoyt v. Andreucci

Date: Jan 7, 2006

Revocation of Union Leave Constitutes Adverse Employment Action: Second Circuit Court of Appeals in Hoyt v. Andreucci Introduction In the case of New York State Law Officers Union, District Council...

Expressive Merchandise and Licensing: Second Circuit Reaffirms Content-Neutral Regulation in Mastrovincenzo v. Santos

Date: Jan 6, 2006

Expressive Merchandise and Licensing: Second Circuit Reaffirms Content-Neutral Regulation in Mastrovincenzo v. Santos Introduction The case of Mastrovincenzo a/k/a Mastro and Santos a/k/a Nak or Nac...

Enhancing Scrutiny of Persecution Claims in Withholding of Removal: Second Circuit Remands in Ivanishvili Case

Date: Jan 6, 2006

Enhancing Scrutiny of Persecution Claims in Withholding of Removal: Second Circuit Remands in Ivanishvili Case Introduction The case of Giuli Ivanishvili v. United States Department of Justice...

Clarifying Section 16(b) Liability: The Expiration of Call Options Not Considered 'Purchase' in Allaire Corp. v. Okumus

Date: Jan 6, 2006

Clarifying Section 16(b) Liability: The Expiration of Call Options Not Considered 'Purchase' in Allaire Corp. v. Okumus Introduction The case Allaire Corporation v. Ahmet H. Okumus, et al. addressed...

Monroe v. Kuhlman: Enhancing Judicial Supervision in Jury Evidence Review

Date: Jan 4, 2006

Monroe v. Kuhlman: Enhancing Judicial Supervision in Jury Evidence Review Introduction Victor Monroe, the petitioner-appellant, appealed his second-degree murder conviction from the New York state...

Sapia v. United States: Establishing 21 U.S.C. §851(a)(1) as Non-Jurisdictional and Its Implications for §2255 Motions

Date: Dec 29, 2005

Sapia v. United States: Establishing 21 U.S.C. §851(a)(1) as Non-Jurisdictional and Its Implications for §2255 Motions Introduction Joseph Sapia, the petitioner-appellant, appealed the denial of his...

Second Circuit Establishes Market Value Loss as Sufficient for COGSA Liability

Date: Dec 28, 2005

Second Circuit Establishes Market Value Loss as Sufficient for COGSA Liability Introduction The case of Atlantic Mutual Insurance Company, Inc. v. CSX Lines, L.L.C. revolved around the shipment of...

Credibility Determinations in Asylum Proceedings: The Yun-Zui Guan v. Alberto R. Gonzales Case

Date: Dec 24, 2005

Credibility Determinations in Asylum Proceedings: The Yun-Zui Guan v. Alberto R. Gonzales Case Introduction The case of Yun-Zui Guan v. Alberto R. Gonzales addresses critical issues surrounding the...

Determining Reasonable Attorney Fees: Market Rate Considerations in 42 U.S.C. §1988(b) Fee Awards – FARBOTKO v. CLINTON COUNTY

Date: Dec 24, 2005

Determining Reasonable Attorney Fees: Market Rate Considerations in 42 U.S.C. §1988(b) Fee Awards – FARBOTKO v. CLINTON COUNTY Introduction The case of Albert Farbotko et al. v. Clinton County of New...

Second Circuit Upholds Al-Sadawi Conviction: Harmless Error Analysis of Flight Evidence and Plea Allocution Post-Crawford

Date: Dec 24, 2005

Second Circuit Upholds Al-Sadawi Conviction: Harmless Error Analysis of Flight Evidence and Plea Allocution Post-Crawford Introduction The appellate case of United States of America v. Alaa Al-Sadawi...

Enforcement of Settlement Agreements Without Signature: OMEGA ENGINEERING, INC. v. OMEGA, S.A.

Date: Dec 22, 2005

Enforcement of Settlement Agreements Without Signature: OMEGA ENGINEERING, INC. v. OMEGA, S.A. Introduction The case of OMEGA ENGINEERING, INC. v. OMEGA, S.A. (432 F.3d 437) adjudicated by the United...

State-Created Danger and Qualified Immunity: Pena v. DePrisco et al. – Second Circuit Analysis

Date: Dec 10, 2005

State-Created Danger and Qualified Immunity: Pena v. DePrisco et al. – Second Circuit Analysis Introduction Pena et al. v. DePrisco et al. is a landmark case adjudicated by the United States Court of...

Article III Standing and ERISA Class Actions: Insights from Central States Southeast and Southwest v. Medco

Date: Dec 9, 2005

Article III Standing and ERISA Class Actions: Insights from Central States Southeast and Southwest v. Medco Introduction The case of Central States Southeast and Southwest Areas Health and Welfare...

Protecting Attorney Work Product and Investigator Privacy: Key Insights from Wood v. FBI

Date: Dec 7, 2005

Protecting Attorney Work Product and Investigator Privacy: Key Insights from Wood v. FBI Introduction In the landmark case of Alexander Wood v. FBI, Department of Justice, decided by the United...

Enhancing Due Process in Eminent Domain Proceedings: Individual Notice Requirements

Date: Dec 6, 2005

Enhancing Due Process in Eminent Domain Proceedings: Individual Notice Requirements Introduction In the landmark case of William Brody et al. v. Village of Port Chester, decided by the United States...

Clarifying Sentencing Standards Post-Booker: Key Principles from United States v. Vaughn and Lindo

Date: Dec 2, 2005

Clarifying Sentencing Standards Post-Booker: Key Principles from United States v. Vaughn and Lindo Introduction United States v. Derek A. Vaughn and Zaza Leslie Lindo, 430 F.3d 518 (2d Cir. 2005), is...

Public Safety Exception to Miranda and Scope of Rule 609: Analysis of United States v. Estrada

Date: Nov 30, 2005

Public Safety Exception to Miranda and Scope of Rule 609: Analysis of United States v. Estrada Introduction United States v. Estrada is a pivotal case adjudicated by the United States Court of...

Affirmation of the Constitutionality of New York's DNA Indexing Statute under the Special-Needs Test

Date: Nov 29, 2005

Affirmation of the Constitutionality of New York's DNA Indexing Statute under the Special-Needs Test Introduction In the landmark case of Jason B. Nicholas et al. v. Alvaro Sanchez et al., decided by...

Second Circuit Clarifies Federal Jurisdiction for NHPA Section 106 in Empowerment Zones

Date: Nov 23, 2005

Second Circuit Clarifies Federal Jurisdiction for NHPA Section 106 in Empowerment Zones Introduction The case of Business and Residents Alliance of East Harlem et al. v. Jackson et al. (430 F.3d 584)...