2d Circuit Case Commentaries

Affirmation of RICO Dismissal Based on Standing in Lerner v. Fleet Bank

Date: Jan 23, 2003

Affirmation of District Court's Dismissal of RICO Claims for Lack of Standing in Lerner v. Fleet Bank Introduction In the case of Isaac Lerner et al. v. Fleet Bank, N.A., decided on January 22, 2003,...

Timeliness of Title VII Claims for Rejected Religious Accommodations: Elmenayer v. ABF Freight Systems

Date: Jan 23, 2003

Timeliness of Title VII Claims for Rejected Religious Accommodations: Elmenayer v. ABF Freight Systems Introduction In the landmark case Amr F. Elmenayer v. ABF Freight System, Inc., decided by the...

Conversion of Mutual Insurance Companies Does Not Constitute State Action Under §1983: Tancredi v. MetLife

Date: Jan 22, 2003

Conversion of Mutual Insurance Companies Does Not Constitute State Action Under §1983: Tancredi v. MetLife Introduction Tancredi and Speidel v. Metropolitan Life Insurance Company is a pivotal case...

Affirmation of Dismissal in Mutual to Stock Conversion: Cranley v. National Life Insurance Co. of Vermont

Date: Jan 22, 2003

Affirmation of Dismissal in Mutual to Stock Conversion: Cranley v. National Life Insurance Co. of Vermont Introduction In the landmark case John J. Cranley, III, Julius Grad, and Walter J. Birdsall,...

Second Circuit Holds 42 U.S.C. § 1981’s Equal Benefit Clause Does Not Require State Action

Date: Jan 22, 2003

Second Circuit Holds 42 U.S.C. § 1981’s Equal Benefit Clause Does Not Require State Action Introduction In Phillip et al. v. University of Rochester et al. (316 F.3d 291, Second Circuit, 2003), the...

Supplemental Jurisdiction and Municipal Liability: Insights from Valencia v. Lee

Date: Jan 22, 2003

Supplemental Jurisdiction and Municipal Liability: Insights from Valencia v. Lee Introduction Christian R. Valencia, an Infant by his Mother and Natural Guardian, Teresa Franco, Plaintiff-Appellee,...

Second Circuit Affirms Denial of Preliminary Injunction in Disparate Impact Fair Housing Case in Huntington

Date: Jan 18, 2003

Second Circuit Affirms Denial of Preliminary Injunction in Disparate Impact Fair Housing Case in Huntington Introduction The case of Fair Housing in Huntington Committee Inc. v. Town of Huntington...

Second Circuit Affirms Employer Liability in Religious Discrimination and Retaliation Claims

Date: Jan 18, 2003

Second Circuit Affirms Employer Liability in Religious Discrimination and Retaliation Claims: Mandell v. County of Suffolk Introduction In the landmark case of Howard E. Mandell v. The County of...

Ford v. s-Cinque: Implications for Eleventh Amendment and Qualified Immunity

Date: Jan 18, 2003

Ford v. s-Cinque: Implications for Eleventh Amendment and Qualified Immunity Introduction In Ford, Plata, Walcott, Rivas-Cinque, Plummer, and Clay v. s-Cinque et al., the United States Court of...

PATSY'S BRAND, INC. v. I.O.B. REALTY, INC.: Establishing Precedents in Trademark Infringement and Legal Sanctions

Date: Jan 17, 2003

PATSY'S BRAND, INC. v. I.O.B. REALTY, INC.: Establishing Precedents in Trademark Infringement and Legal Sanctions Introduction The case of Patsy's Brand, Inc. v. I.O.B. Realty, Inc. (317 F.3d 209)...

Curry v. City of Syracuse: Clarifying Excessive Force and False Arrest under 42 U.S.C. § 1983

Date: Jan 16, 2003

Curry v. City of Syracuse: Clarifying Excessive Force and False Arrest under 42 U.S.C. § 1983 Introduction Benny Curry, the plaintiff-appellant, filed a lawsuit against the City of Syracuse and...

Refining Prejudice Analysis in Ineffective Assistance of Counsel Claims under 28 U.S.C § 2255 – Pham v. United States

Date: Jan 16, 2003

Refining Prejudice Analysis in Ineffective Assistance of Counsel Claims under 28 U.S.C § 2255 – Pham v. United States 1. Introduction Pham v. United States, 317 F.3d 178 (2d Cir. 2003), is a notable...

Reaffirming Due Process Protections for Temporary Release Revocations: Anderson v. Recore

Date: Jan 16, 2003

Reaffirming Due Process Protections for Temporary Release Revocations: Anderson v. Recore Introduction Simon Anderson v. James F. Recore, Director, Temporary Release Programs, Department of...

Defining Infertility Discrimination under Title VII and PDA: Comprehensive Insights from Saks v. Franklin Covey Co.

Date: Jan 16, 2003

Defining Infertility Discrimination under Title VII and PDA: Comprehensive Insights from Saks v. Franklin Covey Co. Introduction The case of Rochelle SAKS v. FRANKLIN COVEY CO. addressed pivotal...

Enforcement of Prevailing Wages and Overtime under DBA and FLSA: Limited Private Remedies Affirmed

Date: Jan 15, 2003

Enforcement of Prevailing Wages and Overtime under DBA and FLSA: Limited Private Remedies Affirmed Introduction In Jan Grochowski et al. v. Phoenix Construction et al. (318 F.3d 80, 2d Cir. 2003),...

Serious Medical Need in Eighth Amendment Claims: Analysis of Smith v. Carpenter

Date: Jan 15, 2003

Serious Medical Need in Eighth Amendment Claims: Analysis of Smith v. Carpenter Introduction Smith v. Carpenter, 316 F.3d 178 (2d Cir. 2003) is a significant appellate decision addressing the...

Arbitrability in NASD Rule Disputes: The BENSADOUN v. JOBE-RIAT Decision

Date: Jan 14, 2003

Arbitrability in NASD Rule Disputes: The BENSADOUN v. JOBE-RIAT Decision Introduction The case of Jean Bensadoun v. Marie Therese Jobe-Riat et al. adjudicated by the United States Court of Appeals...

Policymaker Exception in First Amendment Retaliation: Camacho v. Brandon

Date: Jan 11, 2003

Policymaker Exception in First Amendment Retaliation: Camacho v. Brandon Introduction Martin Camacho v. Symra D. Brandon and City of Yonkers is a landmark case adjudicated by the United States Court...

Second or Successive Habeas Corpus Petitions and AEDPA's Authorization Requirement: Torres v. Senkowski Commentary

Date: Jan 10, 2003

Second or Successive Habeas Corpus Petitions and AEDPA's Authorization Requirement: Torres v. Senkowski Commentary Introduction Torres v. Senkowski is a pivotal decision by the United States Court of...

Affirmation of Qualified Immunity for DMV Investigators in Malicious Prosecution Claims

Date: Jan 10, 2003

Affirmation of Qualified Immunity for DMV Investigators in Malicious Prosecution Claims Introduction In Da v. d KINZER, the United States Court of Appeals for the Second Circuit addressed a...

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