2d Circuit Case Commentaries

Clarifying Brady: Disclosure Requirements for Non-Testifying Informants in United States v. Jackson and Mazyck

Date: Sep 18, 2003

Clarifying Brady: Disclosure Requirements for Non-Testifying Informants in United States v. Jackson and Mazyck Introduction In United States v. Sharon Jackson and Anthony Mazyck (345 F.3d 59), the...

Enhanced Protections Against Retaliation in Prison Settings: Scott v. Coughlin

Date: Sep 18, 2003

Enhanced Protections Against Retaliation in Prison Settings: Scott v. Coughlin Introduction In Scott v. Coughlin, 344 F.3d 282 (2d Cir. 2003), the United States Court of Appeals for the Second...

Reinforcing the Faithless Servant Doctrine: Comprehensive Forfeiture of Compensation Upon Breach of Loyalty under New York Law

Date: Sep 17, 2003

Reinforcing the Faithless Servant Doctrine: Comprehensive Forfeiture of Compensation Upon Breach of Loyalty under New York Law Introduction In the case of Rohit Phansalkar v. Andersen Weinroth Co.,...

Certification of State Law Questions in Child Welfare Removals for Domestic Violence Exposure: Nicholson v. A.C.S.

Date: Sep 17, 2003

Certification of State Law Questions in Child Welfare Removals for Domestic Violence Exposure: Nicholson v. A.C.S. Introduction Nicholson v. A.C.S. is a pivotal case adjudicated by the United States...

Successive § 2255 Petitions and AEDPA Gatekeeping: An Analysis of Villanueva v. United States

Date: Sep 16, 2003

Successive § 2255 Petitions and AEDPA Gatekeeping: An Analysis of Villanueva v. United States Introduction In the landmark case of Hector Villanueva and Lan Ngoc Tran v. United States, the United...

Second Circuit Affirms CERCLA §113(h) Jurisdictional Bar in USPS Anthrax Cleanup Case

Date: Sep 16, 2003

Second Circuit Affirms CERCLA §113(h) Jurisdictional Bar in USPS Anthrax Cleanup Case Introduction In the case of APWU, AFL-CIO, Dennis O'Neil, William M. Smith, et al. v. John E. Potter, Postmaster...

Judicial Disqualification and the Appearance of Partiality: Insights from Chase Manhattan Bank v. Affiliated FM Insurance Company

Date: Sep 10, 2003

Judicial Disqualification and the Appearance of Partiality: Insights from Chase Manhattan Bank v. Affiliated FM Insurance Company Introduction In the landmark case Chase Manhattan Bank v. Affiliated...

DALLIO v. SPITZER: Reevaluating the Requirements for Waiver of Counsel

Date: Sep 10, 2003

DALLIO v. SPITZER: Reevaluating the Requirements for Waiver of Counsel Introduction The case of Thomas Dallio v. Eliot L. Spitzer et al., decided by the United States Court of Appeals for the Second...

Appellate Jurisdiction Over District Court's Denial of Leave to Appeal Bankruptcy Injunction: Kassover v. Gibson

Date: Sep 6, 2003

Appellate Jurisdiction Over District Court's Denial of Leave to Appeal Bankruptcy Injunction: Kassover v. Gibson Introduction Kassover v. Gibson (343 F.3d 91, 2003) is a pivotal case addressing the...

Applicability of N.Y.C.P.L.R. § 205(a) to Vacating Arbitration Awards: Hakala v. Deutsche Bank AG

Date: Sep 6, 2003

Applicability of N.Y.C.P.L.R. § 205(a) to Vacating Arbitration Awards: Hakala v. Deutsche Bank AG Introduction The case of Jonathan Hakala v. Deutsche Bank AG presents a significant development in...

Clarifying Obstruction-of-Justice Sentencing Standards: Analysis of Second Circuit's Decision in U.S. v. Alhumoz

Date: Sep 6, 2003

Clarifying Obstruction-of-Justice Sentencing Standards: Analysis of Second Circuit's Decision in U.S. v. Alhumoz, 343 F.3d 96 (2d Cir. 2003) Introduction In the appellate case UNITED STATES v. Sofwat...

Affirmation of Reasonable Reliance Standards in Securities Fraud: Emergent Capital Investment Management, LLC. v. Stonepath Group, Inc.

Date: Sep 5, 2003

Affirmation of Reasonable Reliance Standards in Securities Fraud: Emergent Capital Investment Management, LLC. v. Stonepath Group, Inc. Introduction The case of Emergent Capital Investment...

Second Circuit Affirms Upholding Foreign Convictions for Upward Sentencing Departures and Valid Supervised Release Conditions on Pornography

Date: Sep 4, 2003

Second Circuit Affirms Upholding Foreign Convictions for Upward Sentencing Departures and Valid Supervised Release Conditions on Pornography Introduction In the landmark case of United States of...

Enforceability of Arbitration Agreements: Second Circuit Sets New Precedent in Hoeft v. MVL Group

Date: Sep 4, 2003

Enforceability of Arbitration Agreements: Second Circuit Sets New Precedent in Hoeft v. MVL Group Introduction The case of Richard Hoeft, III, et al. v. MVL Group, Inc. adjudicated by the United...

Establishing the Office of Compliance Consultants as Distinct from Special Masters under the Prison Litigation Reform Act

Date: Sep 3, 2003

Establishing the Office of Compliance Consultants as Distinct from Special Masters under the Prison Litigation Reform Act Introduction In the landmark case of BENJAMIN v. FRASER, adjudicated by the...

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2d Circuit Case Commentaries

Clarifying Brady: Disclosure Requirements for Non-Testifying Informants in United States v. Jackson and Mazyck

Enhanced Protections Against Retaliation in Prison Settings: Scott v. Coughlin

Reinforcing the Faithless Servant Doctrine: Comprehensive Forfeiture of Compensation Upon Breach of Loyalty under New York Law

Certification of State Law Questions in Child Welfare Removals for Domestic Violence Exposure: Nicholson v. A.C.S.

Successive § 2255 Petitions and AEDPA Gatekeeping: An Analysis of Villanueva v. United States

Second Circuit Affirms CERCLA §113(h) Jurisdictional Bar in USPS Anthrax Cleanup Case

Judicial Disqualification and the Appearance of Partiality: Insights from Chase Manhattan Bank v. Affiliated FM Insurance Company

DALLIO v. SPITZER: Reevaluating the Requirements for Waiver of Counsel

Appellate Jurisdiction Over District Court's Denial of Leave to Appeal Bankruptcy Injunction: Kassover v. Gibson

Applicability of N.Y.C.P.L.R. § 205(a) to Vacating Arbitration Awards: Hakala v. Deutsche Bank AG

Clarifying Obstruction-of-Justice Sentencing Standards: Analysis of Second Circuit's Decision in U.S. v. Alhumoz

Affirmation of Reasonable Reliance Standards in Securities Fraud: Emergent Capital Investment Management, LLC. v. Stonepath Group, Inc.

Second Circuit Affirms Upholding Foreign Convictions for Upward Sentencing Departures and Valid Supervised Release Conditions on Pornography

Enforceability of Arbitration Agreements: Second Circuit Sets New Precedent in Hoeft v. MVL Group

Establishing the Office of Compliance Consultants as Distinct from Special Masters under the Prison Litigation Reform Act

Second Circuit Establishes Collateral Estoppel on Indemnification and Limits on Damages in Police Excessive Force Cases

Affirmation of ATCA Limitations on Intranational Environmental Tort Claims: Flores v. Southern Peru Copper Corp.

Reversing Summary Judgment in Prison Retaliation Claims: Bennett v. GOORD et al. (2d Cir. 2003)

Admissibility of Other Crimes Evidence under Rule 404(b): A Comprehensive Analysis of U.S. v. Edwards

Affirmation of Summary Judgment in First Amendment Retaliation Case: Johnson v. Ganim et al.