2d Circuit Case Commentaries

Equitable Tolling in Social Security Appeals: Torres v. Barnhart Establishes New Precedent

Date: Aug 4, 2005

Equitable Tolling in Social Security Appeals: Torres v. Barnhart Establishes New Precedent Introduction The case of Bernardo A. Torres v. Jo Anne B. Barnhart is a seminal decision by the United...

Exclusion of Crew Members from LHWCA Coverage: Uzdavines v. Weeks Marine, Inc.

Date: Aug 4, 2005

Exclusion of Crew Members from LHWCA Coverage: Uzdavines v. Weeks Marine, Inc. Introduction The case Frank Uzdavines, (deceased), Marie Uzdavines v. Weeks Marine, Inc. was adjudicated by the United...

Duty to Defend in Auto Insurance Policies: An In-Depth Analysis of Allianz Ins. Co. v. Lerner

Date: Aug 3, 2005

Duty to Defend in Auto Insurance Policies: An In-Depth Analysis of Allianz Ins. Co. v. Lerner Introduction The case of Allianz Insurance Company v. Regina Lerner adjudicated by the United States...

Mandate for Comprehensive Evidence Consideration in Asylum Claims: Chen v. Gonzales

Date: Aug 3, 2005

Mandate for Comprehensive Evidence Consideration in Asylum Claims: Chen v. Gonzales Introduction In Yan Chen v. Alberto Gonzales, the United States Court of Appeals for the Second Circuit addressed...

Gulf Insurance Co. v. Da: Redefining Venue in Federal Civil Suits under 28 U.S.C. § 1391

Date: Aug 3, 2005

Gulf Insurance Co. v. Da: Redefining Venue in Federal Civil Suits under 28 U.S.C. § 1391 Introduction Gulf Insurance Company v. Da is a pivotal case decided by the United States Court of Appeals for...

Second Circuit Upholds ADEA Liquidated Damages Against Public Employers: A Comprehensive Analysis of Cross v. NYC Transit Authority

Date: Aug 3, 2005

Second Circuit Upholds ADEA Liquidated Damages Against Public Employers: A Comprehensive Analysis of Cross v. NYC Transit Authority Introduction The case of Keith Cross and Alfred Francis v. New York...

Establishing the Enforceability of Type II Preliminary Agreements: An Analysis of Brown v. Cara

Date: Jul 29, 2005

Establishing the Enforceability of Type II Preliminary Agreements: An Analysis of Brown v. Cara Introduction In the landmark case of Jeffrey M. Brown and Jeffrey M. Brown Associates, Inc. v. Charles...

Setting Time Limits in Social Security Disability Adjudications: The BUTTS v. BARNHART Precedent

Date: Jul 28, 2005

Setting Time Limits in Social Security Disability Adjudications: The BUTTS v. BARNHART Precedent Introduction BUTTS v. BARNHART, 416 F.3d 101 (2d Cir. 2005), represents a significant judicial...

Norex Petroleum Limited v. Access Industries, Inc.: Establishing New Standards for Forum Non Conveniens in RICO Cases

Date: Jul 22, 2005

Norex Petroleum Limited v. Access Industries, Inc.: Establishing New Standards for Forum Non Conveniens in RICO Cases Introduction The case of Norex Petroleum Limited v. Access Industries, Inc....

Reaffirming Security Warrant Reallocation and Restricting Nondebtor Releases: Insights from In re Metromedia Fiber Network, Inc.

Date: Jul 22, 2005

Reaffirming Security Warrant Reallocation and Restricting Nondebtor Releases: Insights from In re Metromedia Fiber Network, Inc. Introduction In the appellate case In re: Metromedia Fiber Network,...

Reclassification of Supervised Release Violations: United States v. Robinson

Date: Jul 21, 2005

Reclassification of Supervised Release Violations: United States v. Robinson Introduction United States of America v. Darwin McNeil, 415 F.3d 273 (2d Cir. 2005), is a pivotal case in the realm of...

Broadnax v. City of New Haven: Employer’s Burden in Mitigating Damages Under Title VII

Date: Jul 21, 2005

Broadnax v. City of New Haven: Employer’s Burden in Mitigating Damages Under Title VII Introduction Sheryl P. Broadnax v. City of New Haven, 415 F.3d 265 (2d Cir. 2005), is a pivotal case addressing...

Degree of Success as a Critical Factor in Attorney's Fee Award: Insights from Kassim v. City of Schenectad

Date: Jul 19, 2005

Degree of Success as a Critical Factor in Attorney's Fee Award: Insights from Kassim v. City of Schenectad Introduction In Kassim v. City of Schenectad, 415 F.3d 246 (2d Cir. 2005), Khaled Kassim,...

Beneficial Ownership and Standing in Sovereign Debt Litigation: Insights from Hernan Lopez Fontana v. Republic of Argentina

Date: Jul 16, 2005

Beneficial Ownership and Standing in Sovereign Debt Litigation: Insights from Hernan Lopez Fontana v. Republic of Argentina Introduction The case of Hernan Lopez Fontana, Mariana Mori De Lopez, and...

Affirming Beneficial Owner Standing through Authorized Suits: Applestein v. Province of Buenos Aires

Date: Jul 16, 2005

Affirming Beneficial Owner Standing through Authorized Suits: Applestein v. Province of Buenos Aires Introduction The case of Allan Applestein TTEE FBO D.C.A. Grantor Trust v. The Province of Buenos...

Second Circuit Establishes Thai Law Governs Extra-Contractual Setoff Rights in Cross-Border Derivatives Disputes

Date: Jul 13, 2005

Second Circuit Establishes Thai Law Governs Extra-Contractual Setoff Rights in Cross-Border Derivatives Disputes Introduction In the landmark case of Finance One Public Company Limited v. Lehman...

Preemption of State Banking Regulations Over Operating Subsidiaries: Second Circuit Sets New Precedent

Date: Jul 12, 2005

Preemption of State Banking Regulations Over Operating Subsidiaries: Second Circuit Sets New Precedent Introduction The case of Wachovia Bank, N.A. and Wachovia Mortgage Corporation v. John P. Burke,...

Second Circuit Clarifies Preservation and Prima Facie Requirements for Batson Challenges Involving Multiple Racial Groups

Date: Jul 8, 2005

Second Circuit Clarifies Preservation and Prima Facie Requirements for Batson Challenges Involving Multiple Racial Groups Introduction Da v. d Green (414 F.3d 288), adjudicated by the United States...

Second Circuit Clarifies Legal Representation Requirements for Minors in Special Education Appeals: Tindall v. Poultney High School District

Date: Jul 6, 2005

Second Circuit Clarifies Legal Representation Requirements for Minors in Special Education Appeals: Tindall v. Poultney High School District Introduction Tindall v. Poultney High School District is a...

Second Circuit Expands Certificate of Appealability to Include Ineffective Assistance Claims in Brady Violations

Date: Jul 2, 2005

Second Circuit Expands Certificate of Appealability to Include Ineffective Assistance Claims in Brady Violations Introduction In the case of Richard Love, Jr. v. Frank McCray, Superintendent of...