2d Circuit Case Commentaries

Simmonds v. INS: Establishing Ripeness Standards in Habeas Corpus Petitions for State Prisoners with Final Removal Orders

Date: Apr 22, 2003

Simmonds v. INS: Establishing Ripeness Standards in Habeas Corpus Petitions for State Prisoners with Final Removal Orders Introduction In Anthony Simmonds v. Immigration and Naturalization Service...

Enhanced Standards for Corroborative Evidence in Asylum Claims: Qiu v. Ashcroft

Date: Apr 17, 2003

Enhanced Standards for Corroborative Evidence in Asylum Claims: Qin Shui Qiu v. Ashcroft Introduction The case of Jin Shui Qiu v. John Ashcroft, Attorney General (329 F.3d 140) adjudicated by the...

Mack v. Otis Elevator Co.: Expanding the Definition of Supervisor for Hostile Work Environment Claims

Date: Apr 12, 2003

Mack v. Otis Elevator Co.: Expanding the Definition of Supervisor for Hostile Work Environment Claims Introduction MACK v. OTIS ELEVATOR COMPANY and Local 1 International Union of Elevator...

McKinney v. Artuz: Affirming Deference to Trial Courts in Batson Analysis Under Habeas Corpus

Date: Apr 10, 2003

McKinney v. Artuz: Affirming Deference to Trial Courts in Batson Analysis Under Habeas Corpus Introduction In the landmark case Billy McKinney v. Christopher Artuz, the United States Court of Appeals...

Extraterritorial Jurisdiction in Terrorism Cases: Analysis of United States v. Yousef et al.

Date: Apr 5, 2003

Extraterritorial Jurisdiction in Terrorism Cases: Analysis of United States v. Yousef et al. Introduction The case of United States of America v. Ramzi Ahmed Yousef, Eyad Ismoil, Abdul Hakim Murad,...

Assessing Conflicts of Interest in Legal Representation: Insights from United States v. Perez

Date: Apr 5, 2003

Assessing Conflicts of Interest in Legal Representation: Insights from United States v. Perez Introduction In United States of America v. Guillermo Aliro Perez, 325 F.3d 115 (2d Cir. 2003), the...

Res Judicata and Claim Preclusion in Federal Court: AmBase Corp. v. City Investing Co. Liquidating Trust

Date: Apr 4, 2003

Res Judicata and Claim Preclusion in Federal Court: AmBase Corp. v. City Investing Co. Liquidating Trust 1. Introduction The case of AmBase Corporation v. City Investing Company Liquidating Trust...

Affirmation of Single Publication Rule for Internet Content and Defamation Threshold in Van Buskirk v. New York Times Co.

Date: Apr 3, 2003

Affirmation of Single Publication Rule for Internet Content and Defamation Threshold in Van Buskirk v. The New York Times Co. Introduction The case of Robert Van Buskirk v. The New York Times Co.,...

Causal Link Requirement Strengthened in ADA Workplace Accommodation: Felix v. NYCTA

Date: Apr 1, 2003

Causal Link Requirement Strengthened in ADA Workplace Accommodation: Felix v. NYCTA Introduction Denise Felix, represented by Naomi Felix and Irene Cooper as administrators of her estate, brought a...

Enhanced Due Process Standards for Reopening SSI Applications: Insights from Byam v. Barnhart

Date: Apr 1, 2003

Enhanced Due Process Standards for Reopening SSI Applications: Insights from Byam v. Barnhart Introduction In Jean D. Byam v. Jo Anne Barnhart, Commissioner, Social Security Administration, the...

Second Circuit Explores Exhaustion Requirements and the 'Total Exhaustion' Debate under the Prison Litigation Reform Act in Ortiz v. McBride

Date: Mar 22, 2003

Second Circuit Explores Exhaustion Requirements and the 'Total Exhaustion' Debate under the Prison Litigation Reform Act in Ortiz v. McBride Introduction Jose Ortiz v. D. McBride, Sgt. R.O. Mara,...

Assessing Mental Capacity of Pro Se Litigants: Insights from Ferrelli v. River Manor Health Care Center

Date: Mar 22, 2003

Assessing Mental Capacity of Pro Se Litigants: Insights from Ferrelli v. River Manor Health Care Center Introduction The case Isabella Ferrelli v. River Manor Health Care Center (323 F.3d 196) serves...

Harhay v. Town of Ellington: Defining Boundaries of Legislative and Qualified Immunity in Employment Reappointment

Date: Mar 22, 2003

Harhay v. Town of Ellington: Defining Boundaries of Legislative and Qualified Immunity in Employment Reappointment Introduction The case of Anne E. Harhay v. Town of Ellington Board of Education...

Establishing Subjective Bad Faith Standard for Sua Sponte Rule 11 Sanctions: Insights from In re PENNIE EDMONDS LLP

Date: Mar 15, 2003

Establishing Subjective Bad Faith Standard for Sua Sponte Rule 11 Sanctions: Insights from In re PENNIE EDMONDS LLP Introduction The case of In re PENNIE EDMONDS LLP (323 F.3d 86) adjudicated by the...

Reaffirming the Necessity of Supported Assertions in Summary Judgment: Giannullo v. City of New York

Date: Mar 11, 2003

Reaffirming the Necessity of Supported Assertions in Summary Judgment: Giannullo v. City of New York Introduction The case of Mark Giannullo v. City of New York, decided by the United States Court of...

Arbitrability of Contractual Claims Under ICC Rules: Shaw Group Inc. v. Triplefine Int'l Corp. Establishes Key Precedent

Date: Mar 5, 2003

Arbitrability of Contractual Claims Under ICC Rules: Shaw Group Inc. v. Triplefine Int'l Corp. Establishes Key Precedent Introduction Shaw Group Inc., Stone Webster, Inc., and Stone Webster Asia,...

Intentional Tortious Interference with Prospective Business Relations: Scutti Enterprises v. Park Place Entertainment

Date: Mar 1, 2003

Intentional Tortious Interference with Prospective Business Relations: Scutti Enterprises v. Park Place Entertainment Introduction The case of Scutti Enterprises, LLC v. Park Place Entertainment...

Second Circuit Affirms EPA’s Discretion Under CAA Title V for NOD Issuance but Mandates Objections to Non-Compliant Draft Permits

Date: Feb 28, 2003

Second Circuit Affirms EPA’s Discretion Under CAA Title V for NOD Issuance but Mandates Objections to Non-Compliant Draft Permits Introduction In the landmark case of New York Public Interest...

Concurrent Supervised Release Terms: Affirmation of Separate Obligations in Gammarano v. United States

Date: Feb 27, 2003

Concurrent Supervised Release Terms: Affirmation of Separate Obligations in Gammarano v. United States Introduction Gammarano v. United States, 321 F.3d 311 (2d Cir. 2003), is a pivotal appellate...

Clarity in Grounds for Denial Under AEDPA: Miranda v. Bennett

Date: Feb 27, 2003

Clarity in Grounds for Denial Under AEDPA: Miranda v. Bennett Introduction Miguel Miranda v. Floyd Bennett is a pivotal case decided by the United States Court of Appeals for the Second Circuit on...

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