Impact of Drug-Related Motive Evidence in Bank Robbery Cases: Analysis of United States v. LaFlam Introduction The case of United States of America v. Darrell P. LaFlam (369 F.3d 153) presents...
Second Circuit Reverses Summary Judgment in ADA Accommodation Case, Recognizing Genuine Factual Disputes Introduction The case of Stewart J. Rodal, Plaintiff-Appellant, v. Anesthesia Group of...
Second Circuit Clarifies Enforceability of Liquidated Damages and Attorneys' Fees in Performance Bonds Introduction The case of United States Fidelity and Guaranty Company and American Home Assurance...
Second Circuit Affirms Dismissal of §2(c) Robinson-Patman Claim: Implications for Antitrust Standing Introduction The case of Blue Tree Hotels Investment (Canada), Ltd. v. Starwood Hotels Resorts...
Relevant Community for Lodestar Calculation Under the Voting Rights Act: Second Circuit's Ruling in Arbor Hill Concerned Citizens Neighborhood Association v. County of Albany Introduction The case of...
Affirmation of Summary Judgment in Williams v. R.H. Donnelley Corp.: Implications for Title VII Discrimination Claims Introduction In Charlina Williams v. R.H. Donnelley Corp., 368 F.3d 123 (2d Cir....
Bankruptcy Removal Statutes Supersede Securities Act Non-Removal Provisions: Analysis of California Public Employees' Retirement System v. WorldCom, Inc. Introduction In the landmark case of...
Establishing Federal Jurisdiction Over Retaliatory Discharge Under First Amendment: Bracey v. Board of Education Introduction The case of Gregory Bracey v. Board of Education of the City of...
Strict Limits on Reopening Habeas Proceedings under Rule 60(b) and AEDPA: The Harris Decision Introduction Roy William Harris v. United States of America, 367 F.3d 74 (2d Cir. 2004), is a landmark...
Requirements for Factual Findings in Sentencing Enhancements under U.S.S.G. § 3B1.1(b): United States v. Dima Koner Introduction United States of America v. Dima Koner, decided by the United States...
Feingold v. NY DMV: Shaping Hostile Work Environment Standards under Title VII Introduction In Feingold v. The State of New York, the United States Court of Appeals for the Second Circuit addressed...
Reaffirmation of Exhaustion Requirement in Federal Habeas Corpus Proceedings Introduction The case of Richard DiGuglielmo v. Joseph T. Smith, 366 F.3d 130 (2d Cir. 2004), presents a pivotal...
Affirming Mandatory Arbitration of Title VII Claims: The Gold v. Deutsche Bank Decision Introduction The case of Jonathan Gold v. Deutsche Aktiengesellschaft, adjudicated by the United States Court...
Transformative Fair Use Defense Maintains Upper Hand in Copyright Infringement: Second Circuit's Ruling in NXIVM v. Ross Institute Introduction The case of NXIVM Corporation and First Principles,...
Second Circuit Clarifies Scope of Speedy Trial Act's Dismissal Sanction When Indictment Adds Elements to Initial Charges Introduction In United States v. Wayne Gaskin, aka "Atiba," and Al Castle, the...
Davis v. Rodriguez: Second Circuit Clarifies Burden of Proof in Unconstitutional False Arrest under section 1983 Introduction In the landmark case Dorian Davis v. Richard Rodriguez, William Ri,...
Excited Utterance and Jury Instruction Standards Upholding Fair Trial Rights: A Commentary on ZARVELA v. ARTUZ Introduction Victor Zarvela appealed his conviction for second-degree murder and...
Setting Precedent: Gender Stereotyping of Mothers as Equal Protection Violation Under §1983 Introduction The landmark case of Elana Back v. Hastings On Hudson Union Free School District, adjudicated...
Limits of ADA Accommodations in Medical Education: Powell v. National Board of Medical Examiners and University of Connecticut School of Medicine Introduction In the case of Marie Powell v. National...
Affirming Due Process in Prison Disciplinary Actions: The Role of Qualified Immunity and Evidence Integrity Introduction The case of Anthony Palmer v. Paul Richards and Ronald Goss centers on alleged...