2d Circuit Case Commentaries

Affirming Double Counting in Sentencing Guidelines for Vulnerable-Victim Related Offenses

Date: Nov 14, 2003

Affirming Double Counting in Sentencing Guidelines for Vulnerable-Victim Related Offenses Introduction In the case of United States of America v. Patricia Morris (350 F.3d 32), the United States...

Affirming the Application of 18 U.S.C. § 3144 to Grand Jury Witnesses: Comprehensive Analysis of United States v. Osama Awadallah

Date: Nov 8, 2003

Affirming the Application of 18 U.S.C. § 3144 to Grand Jury Witnesses: Comprehensive Analysis of United States v. Osama Awadallah Introduction The case of United States of America v. Osama Awadallah...

Informed Judicial Discretion in Sentencing: Insights from United States v. John Doe

Date: Oct 30, 2003

Informed Judicial Discretion in Sentencing: Insights from United States v. John Doe Introduction The case United States of America v. John Doe (348 F.3d 64) serves as a pivotal moment in the...

Stringent Requirements for §1983 Claims: Insights from Govan v. Campbell, N.D. New York

Date: Oct 30, 2003

Stringent Requirements for §1983 Claims: Insights from Govan v. Campbell, N.D. New York Introduction The case of Isaac Govan v. James Campbell, et al. adjudicated in the United States District Court...

Clarifying the Application of the Conscious Avoidance Doctrine in Two-Person Conspiracy Under 18 U.S.C. §371

Date: Oct 25, 2003

Clarifying the Application of the Conscious Avoidance Doctrine in Two-Person Conspiracy Under 18 U.S.C. §371 Introduction In the case of United States of America v. Richard A. Svoboda and Michael A....

Spoliation of Electronic Evidence: Insights from ZUBULAKE v. UBS WARBURG LLC

Date: Oct 23, 2003

Spoliation of Electronic Evidence: Insights from ZUBULAKE v. UBS WARBURG LLC Introduction ZUBULAKE v. UBS WARBURG LLC is a landmark case in the realm of electronic discovery and the preservation of...

Exhaustion of Administrative Remedies Under the PLRA Not Jurisdictional: Richardson v. Goord

Date: Oct 23, 2003

Exhaustion of Administrative Remedies Under the PLRA Not Jurisdictional: Richardson v. Goord Introduction Richardson v. Goord, decided by the United States Court of Appeals for the Second Circuit on...

Strict Adherence to Consent Decrees: Second Circuit Vacates Contempt Order in Perez v. Danbury Hospital

Date: Oct 22, 2003

Strict Adherence to Consent Decrees: Second Circuit Vacates Contempt Order in Perez v. Danbury Hospital Introduction The legal landscape surrounding antitrust regulations and consent decrees was...

Determining Amount-in-Controversy at Filing Without Considering Preclusion: Scherer v. Equitable Life Assurance

Date: Oct 17, 2003

Determining Amount-in-Controversy at Filing Without Considering Preclusion: Scherer v. Equitable Life Assurance Introduction The case Barbara D. Scherer v. The Equitable Life Assurance Society of the...

Second Circuit Sheds Light on Appellate Jurisdiction and Choice-of-Law in Arbitration Compulsion: Cap Gemini Ernst & Young v. Nackel

Date: Oct 15, 2003

Second Circuit Sheds Light on Appellate Jurisdiction and Choice-of-Law in Arbitration Compulsion: Cap Gemini Ernst & Young v. Nackel Introduction In Cap Gemini Ernst & Young, U.S., L.L.C.,...

Second Circuit Clarifies Standards for Racial Peremptory Strikes under Batson

Date: Oct 11, 2003

Second Circuit Clarifies Standards for Racial Peremptory Strikes under Batson Introduction The case of Curtis Harris v. Robert Kuhlmann, decided by the United States Court of Appeals for the Second...

Storey v. Cello Holdings: Second Circuit Clarifies Res Judicata in Domain Name Disputes under ACPA

Date: Oct 10, 2003

Storey v. Cello Holdings: Second Circuit Clarifies Res Judicata in Domain Name Disputes under ACPA Introduction The case of Lawrence Storey v. Cello Holdings, L.L.C., adjudicated by the United States...

Baisch v. Gallina: Second Circuit Affirms Broad RICO Standing and Clarifies 'Zone-of-Interests' Test

Date: Oct 3, 2003

Baisch v. Gallina: Second Circuit Affirms Broad RICO Standing and Clarifies 'Zone-of-Interests' Test Introduction The case of Mark E. Baisch versus Frank G. Gallina, McKinnon-Doxsee Insurance Agency,...

Rule 60(b)(1) Authority to Correct Court's Mistake of Fact in Bankruptcy Proceedings

Date: Oct 3, 2003

Rule 60(b)(1) Authority to Correct Court's Mistake of Fact in Bankruptcy Proceedings Introduction The appellate case Gey Associates General Partnership v. 310 Associates, decided by the United States...

Prevailing Party Defined by Judicially Sanctioned Settlement Agreements under 42 USC § 1988: Second Circuit’s Landmark Decision in Robertson et al. v. Giuliani

Date: Oct 1, 2003

Prevailing Party Defined by Judicially Sanctioned Settlement Agreements under 42 USC § 1988: Second Circuit’s Landmark Decision in Robertson et al. v. Giuliani Introduction The case of Robertson et...

Privileges and Immunities in Commercial Lobstering: Volovar v. Crotty Establishes Constitutional Limits on State Licensing Laws

Date: Oct 1, 2003

Privileges and Immunities in Commercial Lobstering: Volovar v. Crotty Establishes Constitutional Limits on State Licensing Laws Introduction The case of State of Connecticut ex rel. Blumenthal v....

Sil v. Silverstein Properties: Defining 'Occurrence' in Insurance Claims Post-9/11

Date: Sep 27, 2003

Sil v. Silverstein Properties: Defining 'Occurrence' in Insurance Claims Post-9/11 Introduction The tragic events of September 11, 2001, not only reshaped global geopolitics but also had profound...

Affirmation of Adverse Credibility Determinations in Asylum Cases: Insights from Wu Biao Chen v. INS

Date: Sep 20, 2003

Affirmation of Adverse Credibility Determinations in Asylum Cases: Insights from Wu Biao Chen v. INS Introduction Wu Biao Chen v. Immigration and Naturalization Service (INS) (344 F.3d 272) is a...

Limits on Absolute Immunity for Health Department Officials and Recognition of 'Stigma Plus' Claims in Summary Suspension Proceedings: DiBlasio v. Novello

Date: Sep 19, 2003

Limits on Absolute Immunity for Health Department Officials and Recognition of 'Stigma Plus' Claims in Summary Suspension Proceedings: DiBlasio v. Novello Introduction Mario Diblasio, M.D. and Mario...

Waiver of Foreign Sovereign Immunity in Arbitration: Banco de Seguros del Estado v. Mutual Marine Office, Inc.

Date: Sep 19, 2003

Waiver of Foreign Sovereign Immunity in Arbitration: Banco de Seguros del Estado v. Mutual Marine Office, Inc. Introduction The case Banco de Seguros del Estado v. Mutual Marine Office, Inc. and Mt....

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