2d Circuit Case Commentaries

Reevaluating Probable Cause and Legal Procedures in False Arrest Claims: Insights from Jocks v. Tavernier

Date: Jan 9, 2003

Reevaluating Probable Cause and Legal Procedures in False Arrest Claims: Insights from Jocks v. Tavernier Introduction The case of Thomas Jocks v. Augusto Tavernier et al., adjudicated by the United...

Strict Liability and Third-Party Defense under CERCLA: Insights from Niagara Mohawk Power Corp. v. Jones Chemical, Inc.

Date: Jan 8, 2003

Strict Liability and Third-Party Defense under CERCLA: Insights from Niagara Mohawk Power Corp. v. Jones Chemical, Inc. Introduction The case of Niagara Mohawk Power Corporation (NMPC) v. Jones...

Deliberate Indifference in Inmate Medical Care: Brock v. Wright Establishes Critical Precedents

Date: Jan 4, 2003

Deliberate Indifference in Inmate Medical Care: Brock v. Wright Establishes Critical Precedents Introduction Vincent A. Brock, an inmate at the Collins Correctional Facility in New York, filed a...

Heightened Showing Required for Excluding Family Members in Courtroom Closures: Insights from Sevencan v. Herbert

Date: Dec 31, 2002

Heightened Showing Required for Excluding Family Members in Courtroom Closures: Insights from Sevencan v. Herbert Introduction Sevencan v. Herbert is a pivotal case decided by the United States Court...

Balancing Expert Testimony and Constitutional Protections: Comprehensive Review of United States v. Griffin and McGee

Date: Dec 28, 2002

Balancing Expert Testimony and Constitutional Protections: Comprehensive Review of United States v. Griffin and McGee Introduction The appellate case United States of America v. Leon Dukagjini, Halit...

Affirmation of Summary Judgment in Antitrust Claims: PepsiCo v. Coca-Cola

Date: Dec 25, 2002

Affirmation of Summary Judgment in Antitrust Claims: PepsiCo v. Coca-Cola Introduction In the landmark case PEPSICO, INC. v. The COCA-COLA COMPANY, decided on December 24, 2002, the United States...

Acquiescence and Laches in Trademark Disputes: Pro Fitness v. Pro-Fit

Date: Dec 25, 2002

Acquiescence and Laches in Trademark Disputes: Pro Fitness v. Pro-Fit Introduction Pro Fitness Physical Therapy Center ("Pro Fitness" or plaintiff) initiated a legal dispute against Pro-Fit...

Ocean Ships, Inc. v. Stiles: Second Circuit Highlights Need for Factual Determination in Legal Malpractice Damages

Date: Dec 25, 2002

Ocean Ships, Inc. v. Stiles: Second Circuit Highlights Need for Factual Determination in Legal Malpractice Damages Introduction The case of Ocean Ships, Inc. v. Thomas E. Stiles and Stiles Wright,...

Defining "Commercial Advertising or Promotion" Under the Lanham Act: Insights from Fashion Boutique v. Fendi USA

Date: Dec 24, 2002

Defining "Commercial Advertising or Promotion" Under the Lanham Act: Insights from Fashion Boutique of Short Hills, Inc. v. Fendi USA, Inc. Introduction The case of Fashion Boutique of Short Hills,...

Second Circuit Affirms 'Arbitrary and Capricious' Standard in ERISA Coverage Denial for Gender Reassignment Surgeries

Date: Dec 21, 2002

Second Circuit Affirms 'Arbitrary and Capricious' Standard in ERISA Coverage Denial for Gender Reassignment Surgeries Introduction In Marc Andrew Mario v. P C Food Markets, Inc., 313 F.3d 758 (2d...

Defining Parental Standing Under IDEA and FERPA: Taylor v. Vermont Department of Education

Date: Dec 21, 2002

Defining Parental Standing Under IDEA and FERPA: Taylor v. Vermont Department of Education Introduction The case of Pam Taylor v. Vermont Department of Education pertains to the intricate...

Protecting Debtor-Tenants in Public Housing: Second Circuit Establishes Primacy of Bankruptcy Code Section 525(a) Over Section 365

Date: Dec 21, 2002

Protecting Debtor-Tenants in Public Housing: Second Circuit Establishes Primacy of Bankruptcy Code Section 525(a) Over Section 365 Introduction The case of In re Laura Stoltz, Debtor-Appellee, v....

Affirmation of Conviction in Eyman: Clarifying Standards for Ineffective Assistance of Counsel and Sentencing Enhancements

Date: Dec 19, 2002

Affirmation of Conviction in Eyman: Clarifying Standards for Ineffective Assistance of Counsel and Sentencing Enhancements Introduction United States of America v. Dale Eyman, 313 F.3d 741 (2d Cir....

Clarifying Ineffective Assistance of Counsel and Independent State Grounds: Dunham v. Travis

Date: Dec 18, 2002

Clarifying Ineffective Assistance of Counsel and Independent State Grounds: Dunham v. Travis Introduction Craig Dunham v. Brion Travis, 313 F.3d 724, is a pivotal decision by the United States Court...

Expanded Scope of Adverse Employment Actions in Retaliation Claims: Treglia v. Town of Manlius

Date: Dec 17, 2002

Expanded Scope of Adverse Employment Actions in Retaliation Claims: Treglia v. Town of Manlius Introduction The case of Joseph V. Treglia v. Town of Manlius, 313 F.3d 713 (2002), adjudicated by the...

State Statute of Limitations in Fiduciary Duty Claims under Diversity Jurisdiction: Cantor Fitzgerald Inc. v. Lutnick et al.

Date: Dec 17, 2002

State Statute of Limitations in Fiduciary Duty Claims under Diversity Jurisdiction: Cantor Fitzgerald Inc. v. Lutnick et al. Introduction The case Cantor Fitzgerald Incorporated, a Nevada...

Expanding Eighth Amendment Protections: Second-Hand Smoke Exposure and Deliberate Indifference in Davis v. State of New York

Date: Dec 14, 2002

Expanding Eighth Amendment Protections: Second-Hand Smoke Exposure and Deliberate Indifference in Davis v. State of New York Introduction Samuel Davis, an inmate at the Attica Correctional Facility...

Second Circuit Affirms Constitutionality of Federal Death Penalty Act: Rejection of Due Process Claims in Quinones v. United States

Date: Dec 11, 2002

Second Circuit Affirms Constitutionality of Federal Death Penalty Act: Rejection of Due Process Claims in Quinones v. United States Introduction In the landmark case of United States of America v....

Second Circuit Establishes Standards for Retaliation Claims under 42 U.S.C. §1983: The Gregory Gayle Decision

Date: Dec 11, 2002

Second Circuit Establishes Standards for Retaliation Claims under 42 U.S.C. §1983: The Gregory Gayle Decision Introduction The case of Gregory Gayle v. P. Gonyea et al. (313 F.3d 677, 2d Cir. 2002)...

United States Court of Appeals, Second Circuit Upholds Limitation on Attaching Foreign Sovereign Funds: Karaha Bodas Company v. Pertamina

Date: Dec 11, 2002

United States Court of Appeals, Second Circuit Upholds Limitation on Attaching Foreign Sovereign Funds: Karaha Bodas Company v. Pertamina Introduction The legal landscape of international arbitration...

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