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  • Commentaries
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2d Circuit Case Commentaries

Retroactive Application of Connecticut's Two-Year Statute of Limitations to IDEA Claims

Retroactive Application of Connecticut's Two-Year Statute of Limitations to IDEA Claims

Date: Jul 1, 2003
Retroactive Application of Connecticut's Two-Year Statute of Limitations to IDEA Claims Introduction The case of M.D., Mr. Mrs. D, Plaintiffs-Appellants, v. Southington Board of Education,...
Poindexter v. Nash: Clarifying the Scope of Habeas Corpus in §2241 and §2255

Poindexter v. Nash: Clarifying the Scope of Habeas Corpus in §2241 and §2255

Date: Jun 27, 2003
Poindexter v. Nash: Clarifying the Scope of Habeas Corpus in §2241 and §2255 Introduction In the landmark decision of Poindexter v. Nash, 333 F.3d 372 (2d Cir. 2003), the United States Court of...
Strict Adherence to Appellate Deadlines Reinforced in Second Circuit Decision

Strict Adherence to Appellate Deadlines Reinforced in Second Circuit Decision

Date: Jun 26, 2003
Strict Adherence to Appellate Deadlines Reinforced in Second Circuit Decision Introduction The case of Silivanch et al. v. Celebrity Cruises, Inc. et al. (333 F.3d 355) adjudicated in the United...
Revisiting Genericness in Composite Trademark Marks: Insights from Courtenay Communications v. Hallmark Capital Corp.

Revisiting Genericness in Composite Trademark Marks: Insights from Courtenay Communications v. Hallmark Capital Corp.

Date: Jun 25, 2003
Revisiting Genericness in Composite Trademark Marks: Insights from Courtenay Communications v. Hallmark Capital Corp. Introduction The legal landscape of trademark protection underwent a significant...
Manifest Disregard of Law in Arbitration: Duferco International Steel Trading v. T. Klaveness Shipping A/S

Manifest Disregard of Law in Arbitration: Duferco International Steel Trading v. T. Klaveness Shipping A/S

Date: Jun 25, 2003
Manifest Disregard of Law in Arbitration: Duferco International Steel Trading v. T. Klaveness Shipping A/S Case: DUFERCO INTERNATIONAL STEEL TRADING, Petitioner-Appellant, v. T. KLAVENESS SHIPPING...
Taylor v. City of New York: Clarifying Probable Cause and Qualified Immunity in False Arrest under §1983

Taylor v. City of New York: Clarifying Probable Cause and Qualified Immunity in False Arrest under §1983

Date: Jun 24, 2003
Taylor v. City of New York: Clarifying Probable Cause and Qualified Immunity in False Arrest under §1983 Introduction Benyamin Taylor v. City of New York et al., 269 F. Supp. 2d 68 (E.D.N.Y. 2003),...
Establishing Personal Jurisdiction in Antitrust Litigation: Insights from In re Magnetic Audiotape Antitrust Litigation

Establishing Personal Jurisdiction in Antitrust Litigation: Insights from In re Magnetic Audiotape Antitrust Litigation

Date: Jun 21, 2003
Establishing Personal Jurisdiction in Antitrust Litigation: Insights from In re Magnetic Audiotape Antitrust Litigation Introduction The case of In re: Magnetic Audiotape Antitrust Litigation ([334...
Default Definition in FDCPA: Alibrandi v. Financial Outsourcing Services, Inc.

Default Definition in FDCPA: Alibrandi v. Financial Outsourcing Services, Inc.

Date: Jun 19, 2003
Default Definition in FDCPA: Alibrandi v. Financial Outsourcing Services, Inc. Introduction The case of David Alibrandi v. Financial Outsourcing Services, Inc. (333 F.3d 82) adjudicated by the United...
Affirmation of Supervisory Liability and Reasonable Accommodation Standards under the ADA: Henrietta D. v. Bloomberg

Affirmation of Supervisory Liability and Reasonable Accommodation Standards under the ADA: Henrietta D. v. Bloomberg

Date: Jun 19, 2003
Affirmation of Supervisory Liability and Reasonable Accommodation Standards under the ADA: Henrietta D. v. Bloomberg Introduction In Henrietta D., Henrietta S., Simone A., Ezzard S., John R., Pedro...
Second Circuit Clarifies ADA Protections Against General Disability Inquiries in Employment Policies

Second Circuit Clarifies ADA Protections Against General Disability Inquiries in Employment Policies

Date: Jun 19, 2003
Second Circuit Clarifies ADA Protections Against General Disability Inquiries in Employment Policies Introduction The case of Deborah Conroy and Blake Swingle, individually and on behalf of all...
Severance and Effective Counsel: Analysis of United States v. Yost

Severance and Effective Counsel: Analysis of United States v. Yost

Date: Jun 19, 2003
Severance and Effective Counsel: Analysis of United States v. Yost Introduction In the landmark case United States v. Yost, the United States Court of Appeals for the Second Circuit addressed...
Ortega v. Duncan: Establishing Due Process Standards for Perjured Testimony in Habeas Corpus Relief

Ortega v. Duncan: Establishing Due Process Standards for Perjured Testimony in Habeas Corpus Relief

Date: Jun 18, 2003
Ortega v. Duncan: Establishing Due Process Standards for Perjured Testimony in Habeas Corpus Relief Introduction Ortega v. Duncan, 333 F.3d 102 (2d Cir. 2003), is a pivotal case in the realm of...
ADA Compliance in Employment: Essential Visual Function Requirements for Public Transit Drivers Confirmed by Second Circuit

ADA Compliance in Employment: Essential Visual Function Requirements for Public Transit Drivers Confirmed by Second Circuit

Date: Jun 14, 2003
ADA Compliance in Employment: Essential Visual Function Requirements for Public Transit Drivers Confirmed by Second Circuit Introduction In the case of Curtis SHANNON v. NEW YORK CITY TRANSIT...
Qualified Immunity Jurisdiction Improperly Delegated to Jury: Stephenson v. Doe

Qualified Immunity Jurisdiction Improperly Delegated to Jury: Stephenson v. Doe

Date: Jun 14, 2003
Qualified Immunity Jurisdiction Improperly Delegated to Jury: Stephenson v. Doe Introduction In the landmark case of Jamal Stephenson v. John Doe, Detective (332 F.3d 68), decided by the United...
Adherence to Conventional Evidentiary Principles in Third-Party Culpability: Insights from Mar v. Wade

Adherence to Conventional Evidentiary Principles in Third-Party Culpability: Insights from Mar v. Wade

Date: Jun 14, 2003
Adherence to Conventional Evidentiary Principles in Third-Party Culpability: Insights from Mar v. Wade Introduction Mar v. Wade is a pivotal case decided by the United States Court of Appeals for the...
Piercing the Trust: Second Circuit Limits Alter Ego Theory in Irrevocable Trust Bankruptcy Cases

Piercing the Trust: Second Circuit Limits Alter Ego Theory in Irrevocable Trust Bankruptcy Cases

Date: Jun 14, 2003
Piercing the Trust: Second Circuit Limits Alter Ego Theory in Irrevocable Trust Bankruptcy Cases Introduction In Re: Vytautas VEBELIUNAS, Debtor is a notable decision by the United States Court of...
Second Circuit Requests Connecticut Supreme Court Clarification on Child Welfare Emergency Removal Procedures

Second Circuit Requests Connecticut Supreme Court Clarification on Child Welfare Emergency Removal Procedures

Date: Jun 14, 2003
Second Circuit Requests Connecticut Supreme Court Clarification on Child Welfare Emergency Removal Procedures Introduction In the landmark case SEALED, Plaintiffs-Appellants, v. SEALED,...
Affirmation of New Jersey Charitable Immunity in Multi-Jurisdictional Tort Claims

Affirmation of New Jersey Charitable Immunity in Multi-Jurisdictional Tort Claims

Date: Jun 14, 2003
Affirmation of New Jersey Charitable Immunity in Multi-Jurisdictional Tort Claims Introduction The case of Michael Gilbert v. Seton Hall University (332 F.3d 105) addressed the complex interplay of...
Affirmation of New York Law in Multi-State Insurance Contracts: Insights from Maryland Casualty Co. v. W.R. Grace Co.

Affirmation of New York Law in Multi-State Insurance Contracts: Insights from Maryland Casualty Co. v. W.R. Grace Co.

Date: Jun 14, 2003
Affirmation of New York Law in Multi-State Insurance Contracts: Insights from Maryland Casualty Co. v. W.R. Grace Co. Introduction The case of Maryland Casualty Company v. W.R. Grace Co. (332 F.3d...
Affirmation of Supervisory Liability and Reasonable Accommodation under ADA and Rehabilitation Act

Affirmation of Supervisory Liability and Reasonable Accommodation under ADA and Rehabilitation Act

Date: Jun 10, 2003
Affirmation of Supervisory Liability and Reasonable Accommodation under ADA and Rehabilitation Act Introduction In the landmark case of Henrietta D. et al. v. Bloomberg et al. (331 F.3d 261, 2d Cir....
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