2d Circuit Case Commentaries

OGSI v. Hollander: Establishing Proper Valuation Date for Contract Damages and Restricting Indemnification to Third-Party Claims Under New York Law

Date: Jul 24, 2003

OGSI v. Hollander: Establishing Proper Valuation Date for Contract Damages and Restricting Indemnification to Third-Party Claims Under New York Law Introduction The case of OSCAR GRUSS SON, INC....

Extended Furlough Revocation and Procedural Due Process: Holcomb v. Holcomb

Date: Jul 24, 2003

Extended Furlough Revocation and Procedural Due Process: Holcomb v. Holcomb Introduction Holcomb v. Holcomb, 337 F.3d 217 (2d Cir. 2003), is a pivotal case addressing the procedural due process...

Harmless Error Doctrine in the Admission of Cumulative Post-Miranda Statements: Parsad v. Greiner

Date: Jul 22, 2003

Harmless Error Doctrine in the Admission of Cumulative Post-Miranda Statements: Parsad v. Greiner Introduction The case of Randolph Parsad v. Charles Greiner addresses critical issues surrounding the...

Affirming Tax Exemption of Reacquired Reservation Lands: Oneida Indian Nation of New York v. Rodgers

Date: Jul 22, 2003

Affirming Tax Exemption of Reacquired Reservation Lands: Oneida Indian Nation of New York v. Rodgers Introduction The case of Oneida Indian Nation of New York v. Rodgers addresses a pivotal issue...

Limits on Enforcing Arbitration Agreements Against Non-signatory Affiliates: Analysis of Merrill Lynch Investment Managers v. Optibase, LTD.

Date: Jul 19, 2003

Limits on Enforcing Arbitration Agreements Against Non-signatory Affiliates: Analysis of Merrill Lynch Investment Managers v. Optibase, LTD. Introduction The case of MERRILL LYNCH INVESTMENT...

Shabazz v. Artuz: Affirming the Boundaries of Brady Obligations in Witness Cooperation

Date: Jul 19, 2003

Shabazz v. Artuz: Affirming the Boundaries of Brady Obligations in Witness Cooperation Introduction In the landmark case of Faiz Shabazz v. Christopher Artuz, adjudicated by the United States Court...

Adoption of Prejudice Standard in ERISA SPD Deficiency Cases: Burke v. Kodak Retirement Income Plan

Date: Jul 18, 2003

Adoption of Prejudice Standard in ERISA SPD Deficiency Cases: Burke v. Kodak Retirement Income Plan Introduction The case of Sally J. Burke v. Kodak Retirement Income Plan addresses significant...

Terry v. Ashcroft: Establishing Standards for Discrimination and Retaliation Claims in Employment Law

Date: Jul 18, 2003

Terry v. Ashcroft: Establishing Standards for Discrimination and Retaliation Claims in Employment Law Introduction In the landmark case of Andrew Terry v. John Ashcroft, adjudicated by the United...

Secretary of Labor's Enforcement Discretion under the LMRDA: Insights from Ellis v. Chao

Date: Jul 18, 2003

Secretary of Labor's Enforcement Discretion under the LMRDA: Insights from Ellis v. Chao Introduction The case of Patrick Ellis v. Elaine L. Chao, Secretary, United States Department of Labor (336...

Balancing Free Association and Public School Integrity: Melzer v. Board of Education

Date: Jul 17, 2003

Balancing Free Association and Public School Integrity: Melzer v. Board of Education Introduction Melzer v. Board of Education of the City School District of the City of New York is a seminal case...

Affirmation of Standing Limitations for Bankruptcy Trustees in Fraud Cases: In re The Bennett Funding Group, Inc.

Date: Jul 16, 2003

Affirmation of Standing Limitations for Bankruptcy Trustees in Fraud Cases: In re The Bennett Funding Group, Inc. Introduction The case of In re The Bennett Funding Group, Inc., Debtor, presents a...

One-Year Statute of Limitations under the Federal Arbitration Act Confirmed by Second Circuit

Date: Jul 15, 2003

One-Year Statute of Limitations under the Federal Arbitration Act Confirmed by Second Circuit Introduction In the case of Photopaint Technologies, LLC v. Smartlens Corporation and Steven Hylen, the...

Expansion of Protected Activity under Title VII: Deravin v. Kerik Sets New Precedent

Date: Jul 12, 2003

Expansion of Protected Activity under Title VII: Deravin v. Kerik Sets New Precedent Introduction Deravin v. Kerik, 335 F.3d 195 (2d Cir. 2003) is a landmark case adjudicated by the United States...

Expansion of Trademark Protection: Virgin Enterprises Ltd. v. Tahir Nawab et al.

Date: Jul 12, 2003

Expansion of Trademark Protection: Virgin Enterprises Ltd. v. Tahir Nawab et al. Introduction The case of Virgin Enterprises Ltd. v. Tahir Nawab, Nathan Erlich, Simon Blitz, Daniel Gazal, Gerald...

Fibromyalgia and Disability Determinations: Green-Younger v. Barnhart

Date: Jul 11, 2003

Fibromyalgia and Disability Determinations: Green-Younger v. Barnhart Introduction The case of Nina Green-Younger v. Joanne B. Barnhart addresses the complexities involved in disability benefit...

Federal Preemption and Arbitration Mandates in Labor Disputes: Vera v. Saks Co. Analysis

Date: Jul 11, 2003

Federal Preemption and Arbitration Mandates in Labor Disputes: Vera v. Saks Co. Analysis Introduction In the case of Angel C. Vera v. Saks Company, the United States Court of Appeals for the Second...

Qualified Immunity and Probable Cause in Malicious Prosecution: Boyd v. City of New York

Date: Jul 10, 2003

Qualified Immunity and Probable Cause in Malicious Prosecution: Boyd v. City of New York Introduction Anthony Boyd v. City of New York et al. is a significant appellate decision by the United States...

Keon Center v. Cameron: Establishing the Boundaries of Disability Discrimination Under the ADA

Date: Jul 9, 2003

Keon Center v. Cameron: Establishing the Boundaries of Disability Discrimination Under the ADA Introduction Case Title: Patricia M. Cameron, Plaintiff-Appellant, v. Community Aid for Retarded...

Affirmation of Aiding and Abetting Convictions in Crack House Operations: Insights from United States v. Hamilton and Messere

Date: Jul 3, 2003

Affirmation of Aiding and Abetting Convictions in Crack House Operations: Insights from United States v. Hamilton and Messere Introduction Case Citation: United States of America v. Michael Hamilton...

Jackson v. United States: Admissibility of Co-Conspirator's Plea Allocution and Drug Quantity Attribution in Conspiracy Convictions

Date: Jul 1, 2003

Jackson v. United States: Admissibility of Co-Conspirator's Plea Allocution and Drug Quantity Attribution in Conspiracy Convictions Introduction The case of United States of America v. Charles L....

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