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  • Commentaries
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2d Circuit Case Commentaries

Affirming Proper Service of Process on Corporate Defendants through Reasonable Reliance

Affirming Proper Service of Process on Corporate Defendants through Reasonable Reliance

Date: Aug 23, 2002
Affirming Proper Service of Process on Corporate Defendants through Reasonable Reliance Introduction The case of Old Republic Insurance Company v. Pacific Financial Services of America, Inc. delves...
Requiring Exhaustion of Administrative Remedies in Collateral Challenges to Deportation: Gonzalez-Roque v. United States

Requiring Exhaustion of Administrative Remedies in Collateral Challenges to Deportation: Gonzalez-Roque v. United States

Date: Aug 21, 2002
Requiring Exhaustion of Administrative Remedies in Collateral Challenges to Deportation: Gonzalez-Roque v. United States Introduction The case of United States of America v. Coperquin Gonzalez-Roque...
Forum Non Conveniens in International Environmental Litigation: Aguinda v. Texaco, Inc. Commentary

Forum Non Conveniens in International Environmental Litigation: Aguinda v. Texaco, Inc. Commentary

Date: Aug 17, 2002
Forum Non Conveniens in International Environmental Litigation: Aguinda v. Texaco, Inc. Commentary Introduction Aguinda v. Texaco, Inc. (303 F.3d 470) is a landmark case decided by the United States...
Establishing Waiver of Untimely Notice Defenses in Insurance Coverage Litigation: Burt Rigid Box v. Travelers

Establishing Waiver of Untimely Notice Defenses in Insurance Coverage Litigation: Burt Rigid Box v. Travelers

Date: Aug 17, 2002
Establishing Waiver of Untimely Notice Defenses in Insurance Coverage Litigation: Burt Rigid Box v. Travelers Introduction Burt Rigid Box, Inc. (formerly F.N. Burt Company, Inc.) brought a...
Establishing Denial on the Merits Under AEDPA: The Graham v. Costello Decision

Establishing Denial on the Merits Under AEDPA: The Graham v. Costello Decision

Date: Aug 9, 2002
Establishing Denial on the Merits Under AEDPA: The Graham v. Costello Decision Introduction The case of Marcus Graham v. Joseph M. Costello (299 F.3d 129) adjudicated by the United States Court of...
Affirmation of 'Direct Effect' Requirement under FSIA: Virtual Countries v. Republic of South Africa

Affirmation of 'Direct Effect' Requirement under FSIA: Virtual Countries v. Republic of South Africa

Date: Aug 8, 2002
Affirmation of 'Direct Effect' Requirement under FSIA: Virtual Countries v. Republic of South Africa Introduction In the landmark case of Virtual Countries, Inc. v. Republic of South Africa, decided...
The Motor Private Carrier Exemption Under FLSA: Insights from Bilyou v. Dutchess Beer Distributors, Inc.

The Motor Private Carrier Exemption Under FLSA: Insights from Bilyou v. Dutchess Beer Distributors, Inc.

Date: Aug 8, 2002
The Motor Private Carrier Exemption Under FLSA: Insights from Bilyou v. Dutchess Beer Distributors, Inc. Introduction In Michael Bilyou v. Dutchess Beer Distributors, Inc., the United States Court of...
Revocation Proceedings and Constitutional Rights: United States v. Larry F. Jones

Revocation Proceedings and Constitutional Rights: United States v. Larry F. Jones

Date: Aug 3, 2002
Revocation Proceedings and Constitutional Rights: United States v. Larry F. Jones Introduction United States of America v. Larry F. Jones is a pivotal case adjudicated by the United States Court of...
Interpretation of 'Second or Successive' §2255 Motions Under AEDPA: Insights from Hom Sui Ching v. United States

Interpretation of 'Second or Successive' §2255 Motions Under AEDPA: Insights from Hom Sui Ching v. United States

Date: Aug 1, 2002
Interpretation of 'Second or Successive' §2255 Motions Under AEDPA: Insights from Hom Sui Ching v. United States Introduction Hom Sui Ching v. United States of America, 298 F.3d 174 (2d Cir. 2002),...
Clarifying Appellate Jurisdiction and Substantive Due Process in Smith v. Dually

Clarifying Appellate Jurisdiction and Substantive Due Process in Smith v. Dually

Date: Aug 1, 2002
Clarifying Appellate Jurisdiction and Substantive Due Process in Smith v. Dually Introduction In the case of Alfred Smith, Jr. v. Dually, adjudicated by the United States Court of Appeals for the...
Establishing Qualified Immunity in False Arrest Claims: Insights from Caldarola v. Calabrese

Establishing Qualified Immunity in False Arrest Claims: Insights from Caldarola v. Calabrese

Date: Aug 1, 2002
Establishing Qualified Immunity in False Arrest Claims: Insights from Caldarola v. Calabrese Introduction The case of Rocco Caldórola v. Christopher Calabrese serves as a pivotal judicial decision in...
Refuse Processing vs. Chemical Processing: PSD Program Implications in LaFLEUR v. Whitman

Refuse Processing vs. Chemical Processing: PSD Program Implications in LaFLEUR v. Whitman

Date: Aug 1, 2002
Refuse Processing vs. Chemical Processing: PSD Program Implications in LaFLEUR v. Whitman Introduction The case of Robert C. LaFLEUR, President, Spectra Environmental Group, Inc. on behalf of...
Scope of Conspiracy and Statute of Limitations Under 18 U.S.C. §1956(h): St. Germain v. United States

Scope of Conspiracy and Statute of Limitations Under 18 U.S.C. §1956(h): St. Germain v. United States

Date: Jul 31, 2002
Scope of Conspiracy and Statute of Limitations Under 18 U.S.C. §1956(h): St. Germain v. United States Introduction The case of United States of America v. Robert St. Germain examines pivotal issues...
Second Circuit Upholds Grand Larceny Conviction: Collateral Pledge Does Not Negate Larcenous Intent

Second Circuit Upholds Grand Larceny Conviction: Collateral Pledge Does Not Negate Larcenous Intent

Date: Jul 27, 2002
Second Circuit Upholds Grand Larceny Conviction: Collateral Pledge Does Not Negate Larcenous Intent Introduction The case of Murali Krishna Ponnapula v. Eliot Spitzer is a significant appellate...
Protecting Jury Functions and Due Process: Comprehensive Commentary on Mickle v. Morin & Smith

Protecting Jury Functions and Due Process: Comprehensive Commentary on Mickle v. Morin & Smith

Date: Jul 19, 2002
Protecting Jury Functions and Due Process: Comprehensive Commentary on Mickle v. Morin & Smith Introduction The case of Diana Mickle, Plaintiff-Appellant, and John R. Williams, Appellant, versus Sean...
Cleric-Congregant Privilege and Alcoholics Anonymous: Insights from Cox v. Da

Cleric-Congregant Privilege and Alcoholics Anonymous: Insights from Cox v. Da

Date: Jul 18, 2002
Cleric-Congregant Privilege and Alcoholics Anonymous: Insights from Cox v. Da Introduction Case: Paul Cox v. David H. Miller, Superintendent, Eastern Correctional Facility Court: United States Court...
Brady Violation in Fraud Cases: Insights from United States v. John Gil

Brady Violation in Fraud Cases: Insights from United States v. John Gil

Date: Jul 18, 2002
Brady Violation in Fraud Cases: Insights from United States v. John Gil Introduction The case of United States of America v. John Gil, adjudicated by the United States Court of Appeals for the Second...
Second Circuit Establishes Exception to Exhaustion Requirement for IDEA's Stay-Put Provision: Murphy v. Arlington Central School District

Second Circuit Establishes Exception to Exhaustion Requirement for IDEA's Stay-Put Provision: Murphy v. Arlington Central School District

Date: Jul 17, 2002
Second Circuit Establishes Exception to Exhaustion Requirement for IDEA's Stay-Put Provision: Murphy v. Arlington Central School District Introduction The case of Pearl Murphy and Theodore Murphy v....
Equitable Tolling and Fraudulent Concealment in Police Brutality Cases: Analyzing Da v. Pearl

Equitable Tolling and Fraudulent Concealment in Police Brutality Cases: Analyzing Da v. Pearl

Date: Jul 16, 2002
Equitable Tolling and Fraudulent Concealment in Police Brutality Cases: Analyzing Da v. Pearl Introduction Da v. Pearl, 296 F.3d 76 (2d Cir. 2002), is a landmark case that delves into the...
Affirming Voluntary Waivers and Constructive Possession Under 18 U.S.C. §922(g)(1): A Commentary on United States v. Gaines

Affirming Voluntary Waivers and Constructive Possession Under 18 U.S.C. §922(g)(1): A Commentary on United States v. Gaines

Date: Jul 13, 2002
Affirming Voluntary Waivers and Constructive Possession Under 18 U.S.C. §922(g)(1): A Commentary on United States v. Gaines Introduction In the case of United States v. Gaines (295 F.3d 293, 2d Cir....
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