2d Circuit Case Commentaries

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...

Second Circuit Upholds Mandatory Arbitration in Maritime In Rem Claims in Thyssen v. Calypso Shipping Corp.

Date: Sep 27, 2002

Second Circuit Upholds Mandatory Arbitration in Maritime In Rem Claims in Thyssen v. Calypso Shipping Corp. Introduction In the landmark case of Thyssen, Inc. v. Calypso Shipping Corp., the United...

Expansion of Discovery Sanctions to Include Ordinary Negligence: RFC v. DeGeorge Financial Corp.

Date: Sep 27, 2002

Expansion of Discovery Sanctions to Include Ordinary Negligence: RFC v. DeGeorge Financial Corp. Introduction The case of Residential Funding Corporation (RFC) v. DeGeorge Financial Corp. addressed...

Second Circuit Clarifies Qualified Immunity Limits in Warrantless Home Entries for Minor Offenses

Date: Sep 27, 2002

Second Circuit Clarifies Qualified Immunity Limits in Warrantless Home Entries for Minor Offenses Introduction The case of Theodore E. Loria v. Charles Gorman et al. (306 F.3d 1271, 2d Cir. 2002)...

Congress' Abrogation of State Sovereignty under the Fourteenth Amendment: An Analysis of CSX Transportation, Inc. v. New York State Office of Real Property Services

Date: Sep 26, 2002

Congress' Abrogation of State Sovereignty under the Fourteenth Amendment: An Analysis of CSX Transportation, Inc. v. New York State Office of Real Property Services Introduction The case of CSX...

Probative Weight of Independent Arbitration in Employment Discrimination Claims: Collins v. NY City Transit Authority

Date: Sep 21, 2002

Probative Weight of Independent Arbitration in Employment Discrimination Claims: Collins v. NY City Transit Authority Introduction Collins v. New York City Transit Authority is a pivotal case...

Expanding Long-Arm Jurisdiction: Persistent Conduct and Due Process in Bank Brussels Lambert v. Fiddler Gonzalez Rodriguez

Date: Sep 21, 2002

Expanding Long-Arm Jurisdiction: Persistent Conduct and Due Process in Bank Brussels Lambert v. Fiddler Gonzalez Rodriguez Introduction The case of Bank Brussels Lambert, Plaintiff-Appellant, v....

Right to Prompt Retention Hearing for Seized Vehicles under N.Y.C. Code § 14-140

Date: Sep 19, 2002

Right to Prompt Retention Hearing for Seized Vehicles under N.Y.C. Code § 14-140 Introduction In the landmark case of Krimstock et al. v. Kelly, the United States Court of Appeals for the Second...

Deliberate Indifference in Municipal Liability: Davis v. Lynbrook Police Department

Date: Sep 18, 2002

Deliberate Indifference in Municipal Liability: Davis v. Lynbrook Police Department Introduction In Charles Edward Davis v. Lynbrook Police Department, the United States District Court for the...

SEC Regulation S-K Does Not Mandate Grant-Date Option Valuations for Director Compensation: Commentary on Herbert Resnik v. Symbol Technologies

Date: Sep 7, 2002

SEC Regulation S-K Does Not Mandate Grant-Date Option Valuations for Director Compensation: Commentary on Herbert Resnik v. Symbol Technologies Introduction Herbert Resnik, a shareholder of Symbol...

Interpreting Settlement Agreements: The Collins v. Harrison-Bode Precedent

Date: Sep 7, 2002

Interpreting Settlement Agreements: The Collins v. Harrison-Bode Precedent Introduction The case of James J. Collins, Jr. v. Judith Harrison-Bode et al. adjudicated by the United States Court of...

Broad Duty to Defend Affirmed in Liberty Mutual v. IBM: Clarifying Insurance Obligations

Date: Sep 7, 2002

Broad Duty to Defend Affirmed in Liberty Mutual v. IBM: Clarifying Insurance Obligations Introduction The case of International Business Machines Corporation (IBM) v. Liberty Mutual Fire Insurance...

Delvalle v. Armstrong: Affirming Lack of Habeas Relief for Jury Instruction Errors Under AEDPA

Date: Sep 6, 2002

Delvalle v. Armstrong: Affirming Lack of Habeas Relief for Jury Instruction Errors Under AEDPA Introduction Delvalle v. Armstrong is a pivotal case adjudicated by the United States Court of Appeals...

Affirmation of Bankruptcy Court’s Core Jurisdiction in Contractual Disputes: In re PETRIE RETAIL, INC.

Date: Sep 6, 2002

Affirmation of Bankruptcy Court’s Core Jurisdiction in Contractual Disputes: In re PETRIE RETAIL, INC. Introduction The case of In re PETRIE RETAIL, INC., Debtor. Luan Investment S.E. v. Franklin 145...

Westerbeke v. Daihatsu: Second Circuit Upholds Arbitration Award and Clarifies Deference to Arbitrator's Contract Interpretation

Date: Aug 29, 2002

Westerbeke v. Daihatsu: Second Circuit Upholds Arbitration Award and Clarifies Deference to Arbitrator's Contract Interpretation Introduction The case of Westerbeke Corporation v. Daihatsu Motor Co.,...

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2d Circuit Case Commentaries

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

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

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

Second Circuit Upholds Mandatory Arbitration in Maritime In Rem Claims in Thyssen v. Calypso Shipping Corp.

Expansion of Discovery Sanctions to Include Ordinary Negligence: RFC v. DeGeorge Financial Corp.

Second Circuit Clarifies Qualified Immunity Limits in Warrantless Home Entries for Minor Offenses

Congress' Abrogation of State Sovereignty under the Fourteenth Amendment: An Analysis of CSX Transportation, Inc. v. New York State Office of Real Property Services

Probative Weight of Independent Arbitration in Employment Discrimination Claims: Collins v. NY City Transit Authority

Expanding Long-Arm Jurisdiction: Persistent Conduct and Due Process in Bank Brussels Lambert v. Fiddler Gonzalez Rodriguez

Right to Prompt Retention Hearing for Seized Vehicles under N.Y.C. Code § 14-140

Deliberate Indifference in Municipal Liability: Davis v. Lynbrook Police Department

SEC Regulation S-K Does Not Mandate Grant-Date Option Valuations for Director Compensation: Commentary on Herbert Resnik v. Symbol Technologies

Interpreting Settlement Agreements: The Collins v. Harrison-Bode Precedent

Broad Duty to Defend Affirmed in Liberty Mutual v. IBM: Clarifying Insurance Obligations

Delvalle v. Armstrong: Affirming Lack of Habeas Relief for Jury Instruction Errors Under AEDPA

Affirmation of Bankruptcy Court’s Core Jurisdiction in Contractual Disputes: In re PETRIE RETAIL, INC.

Westerbeke v. Daihatsu: Second Circuit Upholds Arbitration Award and Clarifies Deference to Arbitrator's Contract Interpretation

Enhanced Daubert Gatekeeping in Amorgianos v. Amtrak: Reinforcing Expert Testimony Standards

Implicit Accusations and Confrontation Clause Violations: A Comprehensive Analysis of Ryan v. Da

Reyes v. United States: Affirming the Doctrine of Conscious Avoidance in Conspiracy Law