2d Circuit Case Commentaries

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...

Cook v. New York State Board of Parole: Clarifying Habeas Corpus Jurisdiction and Statute of Limitations for State Prisoners

Date: Feb 26, 2003

Cook v. New York State Board of Parole: Clarifying Habeas Corpus Jurisdiction and Statute of Limitations for State Prisoners 1. Introduction In the landmark case of Alonzo Cook v. New York State...

Meaningful Attorney Involvement Required for Debt Collection Communications under FDCPA

Date: Feb 26, 2003

Meaningful Attorney Involvement Required for Debt Collection Communications under FDCPA Introduction Arthur Miller v. Wolpoff Abramson, L.L.P., Upton, Cohen Slamowitz, and National Attorney Network,...

Forfeiture of Punitive Damages Defense in Bifurcated Claims and Limitations of Automatic Bankruptcy Stay in Co-defendant Cases: Queenie, Ltd. v. Nygard International

Date: Feb 26, 2003

Forfeiture of Punitive Damages Defense in Bifurcated Claims and Limitations of Automatic Bankruptcy Stay in Co-defendant Cases: Queenie, Ltd. v. Nygard International Introduction The case of Queenie,...

Arbitration Agreement Enforceability and Signature Authenticity: Opals on Ice Lingerie v. Body Lines Inc.

Date: Feb 25, 2003

Arbitration Agreement Enforceability and Signature Authenticity: Opals on Ice Lingerie v. Body Lines Inc. Introduction The case of Opals on Ice Lingerie, Designs by Bernadette, Inc. v. Body Lines...

Affirmation of In Pari Delicto Defense in Fiduciary Duty Claims: Official Committee v. Coopers Lybrand

Date: Feb 21, 2003

Affirmation of In Pari Delicto Defense in Fiduciary Duty Claims: Official Committee v. Coopers Lybrand Introduction In the landmark case of Official Committee of the Unsecured Creditors of Color...

Federal Jurisdiction over Medal of Honor Presentation: Lunney v. United States

Date: Feb 14, 2003

Federal Jurisdiction over Medal of Honor Presentation: Lunney v. United States Introduction Lunney v. United States, 319 F.3d 550 (2d Cir. 2003), is a pivotal appellate court decision addressing the...

Eze v. Senkowski: Upholding AEDPA Standards in Ineffective Assistance of Counsel Claims in Child Sexual Abuse Cases

Date: Feb 13, 2003

Eze v. Senkowski: Upholding AEDPA Standards in Ineffective Assistance of Counsel Claims in Child Sexual Abuse Cases Introduction Eze v. Senkowski (321 F.3d 110) is a landmark decision by the United...

Contemporaneous Ownership Requirement Affirmed in Shareholder Derivative Litigation

Date: Feb 13, 2003

Contemporaneous Ownership Requirement Affirmed in Shareholder Derivative Litigation Introduction In the landmark case In re: Bank of New York Derivative Litigation, the United States Court of Appeals...

Expansion of Disability Protection under the Rehabilitation Act: Peters v. Baldwin Union Free School District

Date: Feb 13, 2003

Expansion of Disability Protection under the Rehabilitation Act: Peters v. Baldwin Union Free School District Introduction Peters v. Baldwin Union Free School District, 320 F.3d 164 (2d Cir. 2003),...

Clarifying ERISA-Based Subject Matter Jurisdiction: Insights from Carlson v. Principal Financial Group

Date: Feb 13, 2003

Clarifying ERISA-Based Subject Matter Jurisdiction: Insights from Carlson v. Principal Financial Group Introduction In the landmark case of Mary W. Carlson v. Principal Financial Group, decided by...

Davis v. Goord: Enhanced Scrutiny on Prisoners' Retaliation Claims

Date: Feb 12, 2003

Davis v. Goord: Enhanced Scrutiny on Prisoners' Retaliation Claims Introduction Davis v. Goord, 320 F.3d 346 (2d Cir. 2003), is a significant appellate decision addressing the complexities...

Affirmation of Habeas Corpus Jurisdiction Over CAT Claims Under FARRA: Mu-Xing WANG v. INS

Date: Feb 7, 2003

Affirmation of Habeas Corpus Jurisdiction Over CAT Claims Under FARRA: Mu-Xing WANG v. INS Introduction Mu-Xing WANG v. INS is a pivotal case adjudicated by the United States Court of Appeals for the...

Remand for Discovery in Habeas Corpus Petition: Drake v. Portuondo

Date: Feb 1, 2003

Remand for Discovery in Habeas Corpus Petition: Drake v. Portuondo Introduction Robie J. Drake appealed a judgment from the United States District Court for the Western District of New York, which...

Affirming the 'Substantial Step' Standard in Federal Attempt Crimes under 18 U.S.C. § 2241(a)(1): A Comprehensive Analysis of United States v. Crowley

Date: Feb 1, 2003

Affirming the 'Substantial Step' Standard in Federal Attempt Crimes under 18 U.S.C. § 2241(a)(1): A Comprehensive Analysis of United States v. Crowley Introduction United States of America v. Francis...

Inquiry Notice and Statute of Limitations in Securities Fraud: LC Capital Partners v. Frontier Insurance Group

Date: Jan 29, 2003

Inquiry Notice and Statute of Limitations in Securities Fraud: LC Capital Partners v. Frontier Insurance Group Introduction The appellate case of LC Capital Partners, LP v. Frontier Insurance Group,...

Affirmation of Securities Regulation Standards in DeMaria v. Andersen

Date: Jan 29, 2003

Affirmation of Securities Regulation Standards in DeMaria v. Andersen Introduction DeMaria v. Andersen is a seminal case decided by the United States Court of Appeals for the Second Circuit on...

United States Lines v. Asbestosis Claimants: Enforcing Statute of Limitations and the Necessity of Diligent Claim Documentation in Bankruptcy Proceedings

Date: Jan 29, 2003

United States Lines v. Asbestosis Claimants: Enforcing Statute of Limitations and the Necessity of Diligent Claim Documentation in Bankruptcy Proceedings Introduction The case of United States Lines,...

Second Circuit Affirms Deference to ERISA Plan Administrators in Benefit Denial Based on Policy Interpretation

Date: Jan 28, 2003

Second Circuit Affirms Deference to ERISA Plan Administrators in Benefit Denial Based on Policy Interpretation Introduction In the case of Anthony Celardo v. GNY Automobile Dealers Health Welfare...

Second Circuit Establishes Rigorous Standards for § 1915A Dismissals in Prisoner Civil Actions: Larkin v. Savage

Date: Jan 24, 2003

Second Circuit Establishes Rigorous Standards for § 1915A Dismissals in Prisoner Civil Actions: Larkin v. Savage Introduction The case of John Stephen Larkin v. Patrick Savage et al. (318 F.3d 138)...

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