2d Circuit Case Commentaries

Good News Club Precedent and the Right to Religious Worship in Public School Facilities

Date: Jun 7, 2003

Good News Club Precedent and the Right to Religious Worship in Public School Facilities Introduction The case of The Bronx Household of Faith, Robert Hall and Jack Roberts, Plaintiffs-Appellees, v....

New Precedent in Class Action Certification: PARKER v. TIME WARNER ENTERTAINMENT CO. Reshapes Rule 23(b)(2) and (b)(3) Standards

Date: Jun 3, 2003

New Precedent in Class Action Certification: PARKER v. TIME WARNER ENTERTAINMENT CO. Reshapes Rule 23(b)(2) and (b)(3) Standards Introduction PARKER v. TIME WARNER ENTERTAINMENT CO., 331 F.3d 13 (2d...

Limits of Qualified Immunity in Use of Deadly Force: Second Circuit's Ruling in O'Bert v. Vargo

Date: Jun 3, 2003

Limits of Qualified Immunity in Use of Deadly Force: Second Circuit's Ruling in O'Bert v. Vargo Introduction In the landmark case Kenneth O'Bert v. Robert J. Vargo, decided on June 2, 2003, the...

Standard of Review in Credibility Determinations for Asylum Claims: Insights from Secaida-Rosales v. INS

Date: Jun 3, 2003

Standard of Review in Credibility Determinations for Asylum Claims: Insights from Secaida-Rosales v. INS Introduction The case of Felix Hilario Secaida-Rosales v. Immigration and Naturalization...

Qualified Immunity Upheld for City Defendants in Savino Malicious Prosecution and False Arrest Claims

Date: May 23, 2003

Qualified Immunity Upheld for City Defendants in Savino Malicious Prosecution and False Arrest Claims Introduction The case of Joseph V. Savino and Ernestine SAVINO v. THE CITY OF NEW YORK (331 F.3d...

Expansion of Newsgathering Privilege: Fitch Inc. v. American Savings Bank

Date: May 22, 2003

Expansion of Newsgathering Privilege: Fitch Inc. v. American Savings Bank Introduction The case of In re FITCH, INC. v. American Savings Bank, FSB presents a pivotal moment in the interpretation of...

Key Mechanical Inc. v. BDC 56 LLC: Defining Bona Fide Disputes in Involuntary Bankruptcy Petitions under 11 U.S.C. §303(b)(1)

Date: May 22, 2003

Key Mechanical Inc. v. BDC 56 LLC: Defining Bona Fide Disputes in Involuntary Bankruptcy Petitions under 11 U.S.C. §303(b)(1) Introduction The case Key Mechanical Inc. v. BDC 56 LLC adjudicated by...

ERISA Preemption of State Law Professional Negligence Claims in Gerosa v. Savasta

Date: May 20, 2003

ERISA Preemption of State Law Professional Negligence Claims in Gerosa v. Savasta Introduction The case of Alfred G. Gerosa et al. v. Savasta Company, Inc. (329 F.3d 317) adjudicated by the United...

Defining 'Fair Market Value' in Contractual Abandonment Provisions: Exclusion of Environmental Liabilities Confirmed

Date: May 16, 2003

Defining 'Fair Market Value' in Contractual Abandonment Provisions: Exclusion of Environmental Liabilities Confirmed Introduction The case of RJE Corp. v. Northville Industries Corp. (329 F.3d 310)...

Affirming Due Process Rights in Deportation Proceedings: United States v. Perez

Date: May 16, 2003

Affirming Due Process Rights in Deportation Proceedings: United States v. Perez Introduction United States v. Segundo DeJesus Perez, 330 F.3d 97 (2d Cir. 2003), is a pivotal case in immigration law...

Strict Exhaustion Requirements for Constitutional Vagueness Claims Confirmed in Jones v. Keane

Date: May 14, 2003

Strict Exhaustion Requirements for Constitutional Vagueness Claims Confirmed in Jones v. Keane Introduction Brian Jones, the petitioner-appellee, filed a petition for a writ of habeas corpus against...

Recognizing "Class of One" in Equal Protection Claims: Insights from DeMuria v. Hawkes and Marshall

Date: May 14, 2003

Recognizing "Class of One" in Equal Protection Claims: Insights from DeMuria v. Hawkes and Marshall Introduction In the landmark case of Susan DeMURIA and Michael DeMuria v. Albert F. Hawkes and...

Affirmation of Criminal Contempt for TRO Violations: Extending TRO as Preliminary Injunction

Date: May 14, 2003

Affirmation of Criminal Contempt for TRO Violations: Extending TRO as Preliminary Injunction Introduction The case In Re: Criminal Contempt Proceedings Against Gerald Crawford and Michael Warren (329...

Retroactivity of Apprendi in Initial Section 2255 Habeas Corpus Motions: Analysis of COLEMAN v. UNITED STATES

Date: May 8, 2003

Retroactivity of Apprendi in Initial Section 2255 Habeas Corpus Motions: Analysis of COLEMAN v. UNITED STATES Introduction The case of William T. COLEMAN v. UNITED STATES (329 F.3d 77) is a...

Non-Preempted Employment Discrimination Claims Under NYCHRL Remanded from Federal Court

Date: May 6, 2003

Non-Preempted Employment Discrimination Claims Under NYCHRL Remanded from Federal Court Introduction The case of Wilds v. United Parcel Service, Inc. involves employment discrimination claims brought...

Affirmation of Forum Non Conveniens in Pollux Holding Ltd. v. The Chase Manhattan Bank

Date: May 2, 2003

Affirmation of Forum Non Conveniens in Pollux Holding Ltd. v. The Chase Manhattan Bank Introduction In the seminal case of Pollux Holding Ltd. v. The Chase Manhattan Bank, the United States Court of...

Exhaustion of Administrative Remedies in Immigration Relief: Beharry v. Ashcroft Commentary

Date: May 2, 2003

Exhaustion of Administrative Remedies in Immigration Relief: Beharry v. Ashcroft Introduction The case of Don Beharry v. John Ashcroft addresses critical issues surrounding the exhaustion of...

Duty of Fair Representation and Statute of Limitations: Insights from Kavowras v. The New York Times Co.

Date: May 2, 2003

Duty of Fair Representation and Statute of Limitations: Insights from Kavowras v. The New York Times Co. Introduction The case of Theodore Kavowras v. The New York Times Company and Newspaper Mail...

Cephas v. Nash: Affirming Limitations on §2241 Habeas Corpus Jurisdiction

Date: May 1, 2003

Cephas v. Nash: Affirming Limitations on §2241 Habeas Corpus Jurisdiction Introduction In Orville Cephas v. John Nash, Warden, 328 F.3d 98 (2d Cir. 2003), the United States Court of Appeals for the...

Authenticity of Artworks and Defamation: Boule v. Hutton Establishes Critical Precedents

Date: Apr 25, 2003

Authenticity of Artworks and Defamation: Boule v. Hutton Establishes Critical Precedents Introduction Boule v. Hutton, 328 F.3d 84 (2d Cir. 2003), is a pivotal case addressing the intersection of art...

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