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  • Commentaries
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2d Circuit Case Commentaries

Reversing Habeas Relief: The Overton v. Newton Decision and Its Implications for Batson Challenges

Reversing Habeas Relief: The Overton v. Newton Decision and Its Implications for Batson Challenges

Date: Jul 10, 2002
Reversing Habeas Relief: The Overton v. Newton Decision and Its Implications for Batson Challenges Introduction George Overton, an African-American petitioner, appealed the decision of the United...
EBanker USA.com Inc. Securities Fraud Dismissal: Upholding the 'Bespeaks Caution' Doctrine

EBanker USA.com Inc. Securities Fraud Dismissal: Upholding the 'Bespeaks Caution' Doctrine

Date: Jul 10, 2002
EBanker USA.com Inc. Securities Fraud Dismissal: Upholding the 'Bespeaks Caution' Doctrine Introduction The case of Michael Halperin, M.D., Donald Kern, D.D.S., and all other plaintiffs similarly...
Prevalence of AEDPA's Deferential Standard in Ineffective Assistance Claims: A Comprehensive Analysis of Suliman D. Aeid v. Floyd G. Bennett

Prevalence of AEDPA's Deferential Standard in Ineffective Assistance Claims: A Comprehensive Analysis of Suliman D. Aeid v. Floyd G. Bennett

Date: Jul 9, 2002
Prevalence of AEDPA's Deferential Standard in Ineffective Assistance Claims: A Comprehensive Analysis of Suliman D. Aeid v. Floyd G. Bennett Introduction In Suliman D. Aeid v. Floyd G. Bennett,...
Kamerling v. Massanari: Limitations on Preliminary Injunctive Relief in Social Security Disability Cases

Kamerling v. Massanari: Limitations on Preliminary Injunctive Relief in Social Security Disability Cases

Date: Jul 4, 2002
Kamerling v. Massanari: Limitations on Preliminary Injunctive Relief in Social Security Disability Cases Introduction Kamerling v. Massanari is a significant case adjudicated by the United States...
Limitations on Concurrent Charges: Application of Rutledge Doctrine in United States v. Flaharty et al.

Limitations on Concurrent Charges: Application of Rutledge Doctrine in United States v. Flaharty et al.

Date: Jul 3, 2002
Limitations on Concurrent Charges: Application of Rutledge Doctrine in United States v. Flaharty et al. Introduction The case of United States of America v. Alberto Flaharty et al. (295 F.3d 182,...
Second Circuit Broadens Scope of 28 U.S.C. §1782(a) to Allow Subpoenas for Temporarily Present Foreign Nationals

Second Circuit Broadens Scope of 28 U.S.C. §1782(a) to Allow Subpoenas for Temporarily Present Foreign Nationals

Date: Jul 2, 2002
Second Circuit Broadens Scope of 28 U.S.C. §1782(a) to Allow Subpoenas for Temporarily Present Foreign Nationals Introduction The case of In re Application of Asher B. Edelman et al. v. Claude...
Enhancing Clarity on Sentencing Adjustments for Conspiracy: United States v. Downing et al.

Enhancing Clarity on Sentencing Adjustments for Conspiracy: United States v. Downing et al.

Date: Jul 2, 2002
Enhancing Clarity on Sentencing Adjustments for Conspiracy: United States v. Downing et al. Introduction In United States of America v. James R. Downing, Samuel Ward, and Daniel Drucker, the United...
Caiola v. Citibank: Expanding Rule 10b-5 to Synthetic Securities Transactions

Caiola v. Citibank: Expanding Rule 10b-5 to Synthetic Securities Transactions

Date: Jun 28, 2002
Caiola v. Citibank: Expanding Rule 10b-5 to Synthetic Securities Transactions Introduction Caiola v. Citibank, N.A. is a landmark case decided by the United States Court of Appeals for the Second...
Insufficient Evidence for Hostile Work Environment Claim Under Title VII: Alfano v. Costello

Insufficient Evidence for Hostile Work Environment Claim Under Title VII: Alfano v. Costello

Date: Jun 26, 2002
Insufficient Evidence for Hostile Work Environment Claim Under Title VII: Alfano v. Costello Introduction Alfano v. Costello, 294 F.3d 365 (2d Cir. 2002), is a pivotal case addressing the standards...
Refining Asylum Eligibility: Second Circuit's Interpretation of Resistance to Population Control

Refining Asylum Eligibility: Second Circuit's Interpretation of Resistance to Population Control

Date: Jun 21, 2002
Refining Asylum Eligibility: Second Circuit's Interpretation of Resistance to Population Control Introduction The case of Guan Shan Liao v. United States Department of Justice addresses critical...
Arbitrator's Authority in Determining Arbitrability: Insights from Bell v. Cendant Corp.

Arbitrator's Authority in Determining Arbitrability: Insights from Bell v. Cendant Corp.

Date: Jun 12, 2002
Arbitrator's Authority in Determining Arbitrability: Insights from Bell v. Cendant Corp. Introduction The case of Stuart L. Bell v. Cendant Corporation, decided by the United States Court of Appeals...
Strict Interpretation of "Imminent Danger" in the Three Strikes Rule Affirmed by Second Circuit

Strict Interpretation of "Imminent Danger" in the Three Strikes Rule Affirmed by Second Circuit

Date: Jun 7, 2002
Strict Interpretation of "Imminent Danger" in the Three Strikes Rule Affirmed by Second Circuit Introduction The case of Abdul-Jabbor Malik v. Michael McGinnis, adjudicated by the United States Court...
Defining 'Employer' under ERISA: Insights from Marcella v. Capital District Physicians' Health Plan, Inc.

Defining 'Employer' under ERISA: Insights from Marcella v. Capital District Physicians' Health Plan, Inc.

Date: Jun 6, 2002
Defining 'Employer' under ERISA: Insights from Marcella v. Capital District Physicians' Health Plan, Inc. Introduction The case of Carol P. Marcella v. Capital District Physicians' Health Plan, Inc....
Procedural Due Process in Public Employment Demotion: Ciambriello v. County of Nassau

Procedural Due Process in Public Employment Demotion: Ciambriello v. County of Nassau

Date: Jun 5, 2002
Procedural Due Process in Public Employment Demotion: Ciambriello v. County of Nassau Introduction Daniel J. Ciambriello, an employee of the County of Nassau, filed a lawsuit against his employer and...
Deportation Leading to Mootness of Federal Habeas Corpus Petitions: Second Circuit's Decision in Perez v. Greiner

Deportation Leading to Mootness of Federal Habeas Corpus Petitions: Second Circuit's Decision in Perez v. Greiner

Date: May 29, 2002
Deportation Leading to Mootness of Federal Habeas Corpus Petitions: Second Circuit's Decision in Perez v. Greiner Introduction Perez v. Greiner is a significant case decided by the United States...
Affirmation of Procedural Bar in Dixon v. Miller: Implications for Sufficiency of Evidence Claims

Affirmation of Procedural Bar in Dixon v. Miller: Implications for Sufficiency of Evidence Claims

Date: May 24, 2002
Affirmation of Procedural Bar in Dixon v. Miller: Implications for Sufficiency of Evidence Claims Introduction In the case of Lawrence P. Dixon v. Thomas J. Miller, decided on May 23, 2002, by the...
Qualified Immunity Upheld in First Amendment Retaliation Case: AFRICAN TRADE INFORMATION CENTER v. Abromaitis

Qualified Immunity Upheld in First Amendment Retaliation Case: AFRICAN TRADE INFORMATION CENTER v. Abromaitis

Date: May 24, 2002
Qualified Immunity Upheld in First Amendment Retaliation Case: AFRICAN TRADE INFORMATION CENTER v. Abromaitis Introduction The case of African Trade Information Center, Inc., Mohamoud D. Ahmed, and...
Affirmation of Lack of Diversity Jurisdiction in Universal Licensing Corp. v. Paola Del Lungo

Affirmation of Lack of Diversity Jurisdiction in Universal Licensing Corp. v. Paola Del Lungo

Date: May 22, 2002
Affirmation of Lack of Diversity Jurisdiction in Universal Licensing Corp. v. Paola Del Lungo Introduction The case of Universal Licensing Corp. v. Paola Del Lungo S.P.A. presents a critical...
Second Circuit Affirms Retroactive Indemnity Claims Against Plan Administrators for ERISA Noncompliance

Second Circuit Affirms Retroactive Indemnity Claims Against Plan Administrators for ERISA Noncompliance

Date: May 21, 2002
Second Circuit Affirms Retroactive Indemnity Claims Against Plan Administrators for ERISA Noncompliance Introduction In the landmark case of Esther Smith, Individually and On Behalf of All Others...
Insufficient Evidence of Discriminatory Motive in Employment Demotion: Grillo v. NYCTA

Insufficient Evidence of Discriminatory Motive in Employment Demotion: Grillo v. NYCTA

Date: May 18, 2002
Insufficient Evidence of Discriminatory Motive in Employment Demotion: Grillo v. NYCTA Introduction Grillo v. New York City Transit Authority, 291 F.3d 231 (2d Cir. 2002), is a significant appellate...
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