2d Circuit Case Commentaries

EFT Funds in Intermediary Banks Recognized as 'Property' for Maritime Attachment under Admiralty Rule B(1)

Date: Nov 7, 2002

EFT Funds in Intermediary Banks Recognized as 'Property' for Maritime Attachment under Admiralty Rule B(1) Introduction The case of Winter Storm Shipping, Ltd. v. TPI et al. (310 F.3d 263, Second...

Reinforcing the Employee Choice Doctrine: Second Circuit Reverses Summary Judgment in Lucente v. IBM

Date: Nov 5, 2002

Reinforcing the Employee Choice Doctrine: Second Circuit Reverses Summary Judgment in Lucente v. IBM Introduction The case of Edward E. Lucente vs. International Business Machines Corporation (IBM)...

Gitten v. United States: Clarifying Procedures for Successive Collateral Attacks under Rule 60(b)

Date: Nov 2, 2002

Gitten v. United States: Clarifying Procedures for Successive Collateral Attacks under Rule 60(b) Introduction Maurice Carl Gitten, a pro se litigant from Otisville, NY, found himself entangled in a...

Second Circuit Reverses Summary Judgment in Disability Insurance Breach of Contract Case

Date: Oct 30, 2002

Second Circuit Reverses Summary Judgment in Disability Insurance Breach of Contract Case Introduction In Louise M. Harris v. Provident Life and Accident Insurance Company, 310 F.3d 73, the United...

Requirement for Complete Certificate of Appealability in Habeas Corpus Appeals: Insights from El v. Artuz

Date: Oct 26, 2002

Requirement for Complete Certificate of Appealability in Habeas Corpus Appeals: Insights from El v. Artuz Introduction In the landmark case of El v. Artuz, decided by the United States Court of...

Extending Creditor Standing in Bankruptcy Fraud Cases: In re HOUSECRAFT Industries USA, Inc.

Date: Oct 25, 2002

Extending Creditor Standing in Bankruptcy Fraud Cases: In re HOUSECRAFT Industries USA, Inc. Introduction The case of In re HOUSECRAFT Industries USA, Inc. (310 F.3d 64) adjudicated by the United...

Limitation of INA §242(f) in Stay Pending Appeal: Analysis of Mohammed v. Reno

Date: Oct 25, 2002

Limitation of INA §242(f) in Stay Pending Appeal: Analysis of Mohammed v. Reno Introduction The case of Haniff Mohammed v. Reno addresses significant issues surrounding the issuance of a stay of...

Broad Arbitration Clauses Encompass Fraudulent Inducement: ACE Capital Re Overseas Ltd. v. Central United Life Insurance Co.

Date: Oct 19, 2002

Broad Arbitration Clauses Encompass Fraudulent Inducement: ACE Capital Re Overseas Ltd. v. Central United Life Insurance Co. Introduction In the case of ACE Capital Re Overseas Ltd. v. Central United...

Enforceability of Collateral Attack Waivers in Plea Agreements: Frederick v. Warden

Date: Oct 19, 2002

Enforceability of Collateral Attack Waivers in Plea Agreements: Frederick v. Warden Introduction Frederick v. Warden, Lewisburg Correctional Facility, 308 F.3d 192 (2d Cir. 2002), is a pivotal case...

Interpreting War Exclusion Clauses: Second Circuit's Analysis in International Multifoods Corp. v. Commercial Union Insurance Co.

Date: Oct 18, 2002

Interpreting War Exclusion Clauses: Second Circuit's Analysis in International Multifoods Corp. v. Commercial Union Insurance Co. Introduction The case of International Multifoods Corporation v....

Reaffirming Liberal Pleading Standards for Eighth Amendment Claims: PHELPS v. KAPNOLAS

Date: Oct 18, 2002

Reaffirming Liberal Pleading Standards for Eighth Amendment Claims: PHELPS v. KAPNOLAS Introduction In PHELPS v. KAPNOLAS, the United States Court of Appeals for the Second Circuit addressed critical...

Strict Scrutiny Applied in Police Officer Transfers: Equal Protection Violation Affirmed

Date: Oct 18, 2002

Strict Scrutiny Applied in Police Officer Transfers: Equal Protection Violation Affirmed Introduction In the landmark case of Patrolmen's Benevolent Association of the City of New York, Inc. v. City...

Clear Communication Requirements for Debt Validation Notices under FDCPA

Date: Oct 17, 2002

Clear Communication Requirements for Debt Validation Notices under FDCPA Introduction The case Carmen McStay v. I.C. System, Inc., decided by the United States Court of Appeals for the Second Circuit...

Defining Successive Habeas Petitions Under AEDPA: An Analysis of James v. Walsh

Date: Oct 16, 2002

Defining Successive Habeas Petitions Under AEDPA: An Analysis of James v. Walsh Introduction Ronnie James, a paroled prisoner, challenging the administration of his sentence, engaged the judicial...

Class Certification in Fraud Claims: Material Uniformity Requirement Established in Moore v. PaineWebber

Date: Oct 11, 2002

Class Certification in Fraud Claims: Material Uniformity Requirement Established in Moore v. PaineWebber Introduction In the landmark case Robert L. Moore and Jeannette S. Parry v. PaineWebber, Inc.,...

Defining Limited Resentencing and Law of the Case: Insights from United States v. Carlo Donato

Date: Oct 10, 2002

Defining Limited Resentencing and Law of the Case: Insights from United States v. Carlo Donato Introduction In the case of United States v. Carlo Donato, decided by the United States Court of Appeals...

Second Circuit Affirms ERISA's Written Instrument Requirement: Implications for Employee Benefit Plans

Date: Oct 8, 2002

Second Circuit Affirms ERISA's Written Instrument Requirement: Implications for Employee Benefit Plans Introduction In the landmark case of Raymond Feifer, Nicholas Pocchia, and Edwin Molina v....

Proper Procedural Compliance for State Motions Under AEDPA: Insights from PRATT v. GREINER

Date: Oct 5, 2002

Proper Procedural Compliance for State Motions Under AEDPA: Insights from PRATT v. GREINER Introduction The case of Shawn Pratt v. Charles Greiner, adjudicated by the United States Court of Appeals...

Requiring Conspicuous Notice and Unambiguous Assent for Clickwrap Arbitration Clauses: Insights from SPECHT v. NETSCAPE COMMUNICATIONS CORP.

Date: Oct 2, 2002

Requiring Conspicuous Notice and Unambiguous Assent for Clickwrap Arbitration Clauses: Insights from SPECHT v. NETSCAPE COMMUNICATIONS CORP. Introduction The landmark case SPECHT v. NETSCAPE...

Patel v. Searles: Affirming the Constitutional Right to Intimate Association under § 1983

Date: Oct 1, 2002

Patel v. Searles: Affirming the Constitutional Right to Intimate Association under § 1983 Introduction In Patel v. Searles, 305 F.3d 130 (2d Cir. 2002), the United States Court of Appeals for the...

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