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  • Commentaries
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2d Circuit Case Commentaries

Criminal Forfeiture of Individual Retirement Accounts Affirmed in Vondette Decision

Criminal Forfeiture of Individual Retirement Accounts Affirmed in Vondette Decision

Date: Aug 28, 2003
Criminal Forfeiture of Individual Retirement Accounts Affirmed in Vondette Decision Introduction The case United States of America v. Michael J. Vondette, 352 F.3d 772 (2nd Cir. 2003), addresses a...
Strict Enforcement of EEOC Filing Deadlines: Zerilli-Edelglass v. NYC Transit Authority

Strict Enforcement of EEOC Filing Deadlines: Zerilli-Edelglass v. NYC Transit Authority

Date: Aug 23, 2003
Strict Enforcement of EEOC Filing Deadlines: Zerilli-Edelglass v. NYC Transit Authority Introduction Teresa Zerilli-Edelglass appealed a decision by the United States District Court for the Eastern...
Affirmation of Bankruptcy Court Jurisdiction in Non-Core Proceedings: Central Vermont Public Service Corp. v. Herbert

Affirmation of Bankruptcy Court Jurisdiction in Non-Core Proceedings: Central Vermont Public Service Corp. v. Herbert

Date: Aug 22, 2003
Affirmation of Bankruptcy Court Jurisdiction in Non-Core Proceedings: Central Vermont Public Service Corp. v. Herbert Introduction Central Vermont Public Service Corporation v. Harold Herbert and...
Hernandez v. Keane: Upholding the Strict Standard for Deliberate Indifference under the Eighth Amendment

Hernandez v. Keane: Upholding the Strict Standard for Deliberate Indifference under the Eighth Amendment

Date: Aug 21, 2003
Hernandez v. Keane: Upholding the Strict Standard for Deliberate Indifference under the Eighth Amendment Introduction Juan Hernandez, a prisoner within the New York State prison system, initiated a...
Muller v. First Unum Life Insurance Co.: Enhanced Standards for Judicial Findings under ERISA

Muller v. First Unum Life Insurance Co.: Enhanced Standards for Judicial Findings under ERISA

Date: Aug 19, 2003
Muller v. First Unum Life Insurance Co.: Enhanced Standards for Judicial Findings under ERISA Introduction Robert E. Muller and Antoinette I. Muller (collectively referred to as "Muller") brought a...
Affirmation of Dismissal in Webb v. Goord: Emphasizing Procedural Rigor in Civil Rights Litigation Against Correctional Services

Affirmation of Dismissal in Webb v. Goord: Emphasizing Procedural Rigor in Civil Rights Litigation Against Correctional Services

Date: Aug 14, 2003
Affirmation of Dismissal in Webb v. Goord: Emphasizing Procedural Rigor in Civil Rights Litigation Against Correctional Services Introduction In the case of Webb et al. v. Goord et al., adjudicated...
Statute of Limitations in Securities Fraud: Insights from Levitt v. Bear Stearns

Statute of Limitations in Securities Fraud: Insights from Levitt v. Bear Stearns

Date: Aug 14, 2003
Statute of Limitations in Securities Fraud: Insights from Levitt v. Bear Stearns Introduction Levitt v. Bear Stearns Co., Inc. is a pivotal case decided by the United States Court of Appeals for the...
Qualified Immunity and Exigent Circumstances Justified Warrantless Police Entry: ANTHONY v. CITY OF NEW YORK

Qualified Immunity and Exigent Circumstances Justified Warrantless Police Entry: ANTHONY v. CITY OF NEW YORK

Date: Aug 9, 2003
Qualified Immunity and Exigent Circumstances Justified Warrantless Police Entry: ANTHONY v. CITY OF NEW YORK Introduction The case of Myra Anthony and Magdalene Wright v. City of New York addresses...
Enforcing Minority Veto Rights in Joint Ventures: Wisdom Import Sales v. Labatt Brewing

Enforcing Minority Veto Rights in Joint Ventures: Wisdom Import Sales v. Labatt Brewing

Date: Aug 8, 2003
Enforcing Minority Veto Rights in Joint Ventures: Wisdom Import Sales v. Labatt Brewing Introduction The case of Wisdom Import Sales Company, L.L.C. v. Labatt Brewing Company Limited (339 F.3d 101)...
Torres v. Berbary: Strengthening Due Process Requirements in Resentencing Proceedings

Torres v. Berbary: Strengthening Due Process Requirements in Resentencing Proceedings

Date: Aug 8, 2003
Torres v. Berbary: Strengthening Due Process Requirements in Resentencing Proceedings Introduction In the landmark case of Torres v. Berbary, decided by the United States Court of Appeals for the...
Rule 11(a)(2) Compliance and Jurisdiction in Conditional Pleas: Insights from United States v. Garcia

Rule 11(a)(2) Compliance and Jurisdiction in Conditional Pleas: Insights from United States v. Garcia

Date: Aug 8, 2003
Rule 11(a)(2) Compliance and Jurisdiction in Conditional Pleas: Insights from United States v. Garcia Introduction In the appellate case of UNITED STATES of America v. Eddy Garcia and Juan Garcia,...
Limitation of 28 U.S.C. § 2255 to Custodial Challenges: Kaminski v. United States

Limitation of 28 U.S.C. § 2255 to Custodial Challenges: Kaminski v. United States

Date: Aug 7, 2003
Limitation of 28 U.S.C. § 2255 to Custodial Challenges: Kaminski v. United States Introduction The case John F. Kaminski v. United States (339 F.3d 84, 2003) addresses a pivotal question regarding...
Collateral Estoppel in Legal Malpractice: Purdy v. Zeldes Needle and Cooper

Collateral Estoppel in Legal Malpractice: Purdy v. Zeldes Needle and Cooper

Date: Aug 6, 2003
Collateral Estoppel in Legal Malpractice: Purdy v. Zeldes Needle and Cooper 1. Introduction The case of John M. Purdy, Jr. v. Jacob D. Zeldes and Zeldes Needle and Cooper, decided by the United...
Retroactive Application of INTCA §203(c) and the Availability of Gabryelsky Relief: Comprehensive Analysis of Da v. Drax

Retroactive Application of INTCA §203(c) and the Availability of Gabryelsky Relief: Comprehensive Analysis of Da v. Drax

Date: Aug 5, 2003
Retroactive Application of INTCA §203(c) and the Availability of Gabryelsky Relief: Comprehensive Analysis of Da v. Drax Introduction Da v. d Anthony Drax, 338 F.3d 98 (2d Cir. 2003), presents a...
Second Circuit Affirms ADA Violation of Vermont's Act 114: DPOA Abrogation Discriminates Against the Mentally Disabled

Second Circuit Affirms ADA Violation of Vermont's Act 114: DPOA Abrogation Discriminates Against the Mentally Disabled

Date: Aug 2, 2003
Second Circuit Affirms ADA Violation of Vermont's Act 114: DPOA Abrogation Discriminates Against the Mentally Disabled Introduction In the landmark case of Hargrave v. State of Vermont, the United...
Affirmation of Eighth Amendment Protections in Prison Deprivation Orders: Trammell v. Keane

Affirmation of Eighth Amendment Protections in Prison Deprivation Orders: Trammell v. Keane

Date: Aug 2, 2003
Affirmation of Eighth Amendment Protections in Prison Deprivation Orders: Trammell v. Keane Introduction Trammell v. Keane, decided by the United States Court of Appeals for the Second Circuit on...
Expanded Scope of Equitable Tolling Under AEDPA: Recognizing Attorney Malfeasance as Extraordinary Circumstances

Expanded Scope of Equitable Tolling Under AEDPA: Recognizing Attorney Malfeasance as Extraordinary Circumstances

Date: Jul 31, 2003
Expanded Scope of Equitable Tolling Under AEDPA: Recognizing Attorney Malfeasance as Extraordinary Circumstances Introduction Heriberto Baldayaque v. United States of America, 338 F.3d 145 (2d Cir....
Substantial Similarity in Textile Design Copyright: Tufenkian v. Einstein

Substantial Similarity in Textile Design Copyright: Tufenkian v. Einstein

Date: Jul 31, 2003
Substantial Similarity in Textile Design Copyright: Tufenkian v. Einstein Introduction The case of TUFENKIAN IMPORT/EXPORT VENTURES, INC. v. EINSTEIN MOOMJY, INC., adjudicated by the United States...
Strict Construction of Indemnification Agreements: MANLEY v. AMBASE CORPoration

Strict Construction of Indemnification Agreements: MANLEY v. AMBASE CORPoration

Date: Jul 29, 2003
Strict Construction of Indemnification Agreements: MANLEY v. AMBASE CORPoration Introduction The case of Marshall MANLEY v. AMBASE CORPoration adjudicated by the United States Court of Appeals for...
Clarifying ADA Paratransit Service Obligations: Insights from Anderson v. Rochester-Genesee Regional Transportation Authority

Clarifying ADA Paratransit Service Obligations: Insights from Anderson v. Rochester-Genesee Regional Transportation Authority

Date: Jul 24, 2003
Clarifying ADA Paratransit Service Obligations: Insights from Anderson v. Rochester-Genesee Regional Transportation Authority Introduction The case of Anderson v. Rochester-Genesee Regional...
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