2d Circuit Case Commentaries

Enhanced Standards for Admitting Prior Convictions and Interpreting Codes in Drug-Related Cases: United States v. Garcia

Date: May 18, 2002

Enhanced Standards for Admitting Prior Convictions and Interpreting Codes in Drug-Related Cases: United States v. Garcia Introduction United States of America v. Carlos Garcia (291 F.3d 127) is a...

Title VII's Applicability to Dual-Status Military-Civilian Employees Affirmed in Luckett v. Bure

Date: May 18, 2002

Title VII's Applicability to Dual-Status Military-Civilian Employees Affirmed in Luckett v. Bure Introduction In Luckett v. Bure, the United States Court of Appeals for the Second Circuit addressed...

Lifting of Automatic Stay in Bankruptcy: Insights from Bogdanovich v. Schneiderman et al.

Date: May 16, 2002

Lifting of Automatic Stay in Bankruptcy: Insights from Bogdanovich v. Schneiderman et al. Introduction The federal appellate case In re Peter Bogdanovich Louise Hoogstraten Bogdanovich, Debtors, 292...

Defendant’s Right to Presence in Jury Pre-Screening and Waiver – Cohen v. Senkowski

Date: May 14, 2002

Defendant’s Right to Presence in Jury Pre-Screening and Waiver – Cohen v. Senkowski Introduction Gary F. Cohen, a pediatrician, was convicted of multiple felony sexual abuse charges in Suffolk...

Affirmation of 'Stay Put' Provision under IDEA: Board of Education v. Ste

Date: May 14, 2002

Affirmation of 'Stay Put' Provision under IDEA: Board of Education v. Ste Introduction In Board of Education of the Pawling Central School District v. Ste, 290 F.3d 476 (2002), the United States...

Summary Judgment in Al v. Fulton Jr.: Establishing Limits on § 1983 Claims Post-Conviction

Date: May 10, 2002

Summary Judgment in Al v. Fulton Jr.: Establishing Limits on § 1983 Claims Post-Conviction Introduction Alvin Fulton Jr. ("Fulton"), acting pro se, appealed the dismissal of his claims against Laurie...

Federal Jurisdiction and Rule 11 Sanctions in Arbitration Awards: Insights from Perpetual Securities, Inc. v. Tang & Chen

Date: May 10, 2002

Federal Jurisdiction and Rule 11 Sanctions in Arbitration Awards: Insights from Perpetual Securities, Inc. v. Tang & Chen Introduction The case Perpetual Securities, Inc. v. Julie Tang and Hua Yu...

Establishing Limits of FDCPA: Kropelnicki v. Siegel and Strumpf

Date: May 9, 2002

Establishing Limits of FDCPA: Kropelnicki v. Siegel and Strumpf Introduction In the appellate case Laura Kropelnicki v. Hal Siegel and Linda Strumpf, decided on May 8, 2002, the United States Court...

Determining Copyright Authorship and Originality in Software: Medforms v. Healthcare Management Solutions

Date: May 8, 2002

Determining Copyright Authorship and Originality in Software: Medforms v. Healthcare Management Solutions Introduction The case of Medforms, Inc. v. Healthcare Management Solutions, Inc. revolves...

Equitable Tolling and Proper Defendant Standing in ERISA Disability Claims: Chapman v. ChoiceCare

Date: Apr 30, 2002

Equitable Tolling and Proper Defendant Standing in ERISA Disability Claims: Chapman v. ChoiceCare Introduction Cheryl Chapman v. ChoiceCare Long Island Term Disability Plan is a pivotal case...

Exhaustion of Administrative Remedies Under the IDEA: Insights from Polera v. Board of Education

Date: Apr 30, 2002

Exhaustion of Administrative Remedies Under the IDEA: Insights from Polera v. Board of Education Introduction Polera v. Board of Education of the Newburgh Enlarged City School District is a landmark...

Rooker-Feldman Doctrine Reinforced in Phifer v. City of New York

Date: Apr 20, 2002

Rooker-Feldman Doctrine Reinforced in Phifer v. City of New York Introduction Phifer v. City of New York, 289 F.3d 49 (2d Cir. 2002), marks a significant application of the Rooker-Feldman doctrine...

District Courts Cannot Deny Summary Judgment for Lack of Record Citations Without Prior Notice

Date: Apr 18, 2002

District Courts Cannot Deny Summary Judgment for Lack of Record Citations Without Prior Notice Introduction In the landmark case of Amnesty America v. Town of West Hartford, 288 F.3d 467 (2d Cir....

Strict Contract Interpretation Affirmed in Omni Quartz v. CVS Corp.

Date: Apr 17, 2002

Strict Contract Interpretation Affirmed in Omni Quartz v. CVS Corporation Introduction The case of Omni Quartz, Ltd. v. CVS Corporation and Revco D.S., Inc. represents a pivotal moment in contract...

Second Circuit Upholds § 841's Constitutionality in Apprendi Context

Date: Apr 13, 2002

Second Circuit Upholds § 841's Constitutionality in Apprendi Context Introduction In the landmark case United States v. Herbie Noel, decided on April 12, 2002, the United States Court of Appeals for...

Establishing Standards for In-Court Eyewitness Identifications in Habeas Corpus Cases: KENNAUGH v. MILLER

Date: Apr 13, 2002

Establishing Standards for In-Court Eyewitness Identifications in Habeas Corpus Cases: KENNAUGH v. MILLER Introduction KENNAUGH v. MILLER is a pivotal case decided by the United States Court of...

Hallwood Realty Partners v. Gotham Partners: Affirmation of §13(d) Limitations on Private Damages and Group Formation

Date: Apr 12, 2002

Hallwood Realty Partners v. Gotham Partners: Affirmation of §13(d) Limitations on Private Damages and Group Formation Introduction Hallwood Realty Partners, L.P. v. Gotham Partners, L.P. is a pivotal...

Reaffirmation of the 'Dangerously Near' Standard for Attempted Assault and Interpretation of 18 U.S.C. § 924(c) in Organized Criminal Enterprises

Date: Apr 10, 2002

Reaffirmation of the 'Dangerously Near' Standard for Attempted Assault and Interpretation of 18 U.S.C. § 924(c) in Organized Criminal Enterprises Introduction The case of United States of America v....

Limitations on In Forma Pauperis Appeals for Represented Litigants: Fridman v. City of New York

Date: Apr 6, 2002

Limitations on In Forma Pauperis Appeals for Represented Litigants: Fridman v. City of New York Introduction In the case of Mikhail Fridman v. The City of New York et al. (195 F. Supp. 2d 534, United...

Affirmation of Non-Employee Status Under Title VII and Enforcement of Election-of-Remedies Provisions

Date: Apr 4, 2002

Affirmation of Non-Employee Status Under Title VII and Enforcement of Election-of-Remedies Provisions Introduction The case of Alexandra York v. Association of the Bar of the City of New York et al....

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