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  • Commentaries
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2d Circuit Case Commentaries

O'Hara v. Weeks Marine: Establishing Liability Under LHWCA Despite Dismissed Jones Act Claims

O'Hara v. Weeks Marine: Establishing Liability Under LHWCA Despite Dismissed Jones Act Claims

Date: Apr 2, 2002
O'Hara v. Weeks Marine: Establishing Liability Under LHWCA Despite Dismissed Jones Act Claims Introduction In the case of Gerard O'Hara and Lisa O'Hara v. Weeks Marine, Inc. and Collazo Contractors,...
Unreasonable Application of Federal Law in Habeas Corpus: Jenkins v. Artuz

Unreasonable Application of Federal Law in Habeas Corpus: Jenkins v. Artuz

Date: Apr 2, 2002
Unreasonable Application of Federal Law in Habeas Corpus: Jenkins v. Artuz Introduction In the landmark case of Eric Jenkins v. Christopher Artuz, adjudicated by the United States Court of Appeals...
Reaffirming U.S. Jurisdiction in Cross-Border Securities Fraud: DiRIENZO v. PHILIP SERVICES CORP.

Reaffirming U.S. Jurisdiction in Cross-Border Securities Fraud: DiRIENZO v. PHILIP SERVICES CORP.

Date: Apr 2, 2002
Reaffirming U.S. Jurisdiction in Cross-Border Securities Fraud: DiRIENZO v. PHILIP SERVICES CORP. Introduction In DiRIENZO v. PHILIP SERVICES CORP., the United States Court of Appeals for the Second...
Trademark Dilution and Tarnishment in Thematic Branding: NYSE v. New York, New York Hotel Casino

Trademark Dilution and Tarnishment in Thematic Branding: NYSE v. New York, New York Hotel Casino

Date: Apr 2, 2002
Trademark Dilution and Tarnishment in Thematic Branding: NYSE v. New York, New York Hotel Casino Introduction The legal landscape surrounding trademark infringement and dilution saw a significant...
Enhanced Protections for the Assistance of Counsel: Norde v. Keane

Enhanced Protections for the Assistance of Counsel: Norde v. Keane

Date: Mar 30, 2002
Enhanced Protections for the Assistance of Counsel: Norde v. Keane Introduction The case of Alfred Norde v. John P. Keane, adjudicated by the United States Court of Appeals for the Second Circuit on...
Qualified Immunity in Fourth Amendment Warrantless Entry: Koch v. Town of Brattleboro

Qualified Immunity in Fourth Amendment Warrantless Entry: Koch v. Town of Brattleboro

Date: Mar 30, 2002
Qualified Immunity in Fourth Amendment Warrantless Entry: Koch v. Town of Brattleboro Introduction Fredrick K. Koch v. Town of Brattleboro, Vermont is a pivotal case adjudicated by the United States...
Broad Protection for Disabled Students under ADA and Rehabilitation Act Affirmed in Weixel v. Board of Education

Broad Protection for Disabled Students under ADA and Rehabilitation Act Affirmed in Weixel v. Board of Education

Date: Mar 30, 2002
Broad Protection for Disabled Students under ADA and Rehabilitation Act Affirmed in Weixel v. Board of Education Introduction In Weixel v. Board of Education of the City of New York, the United...
Affirmation of Reasonable Religious Accommodation by USPS Under Title VII in Cosme v. Henderson

Affirmation of Reasonable Religious Accommodation by USPS Under Title VII in Cosme v. Henderson

Date: Mar 30, 2002
Affirmation of Reasonable Religious Accommodation by USPS Under Title VII in Cosme v. Henderson Introduction The case of Louis Cosme v. William J. Henderson, adjudicated by the United States Court of...
Limitations on Computer and Internet Access as a Condition of Supervised Release: United States v. Gregory Sofsky

Limitations on Computer and Internet Access as a Condition of Supervised Release: United States v. Gregory Sofsky

Date: Mar 29, 2002
Limitations on Computer and Internet Access as a Condition of Supervised Release: United States v. Gregory Sofsky Introduction United States of America v. Gregory Sofsky is a pivotal case adjudicated...
Strict Time Limits for Rule 60(b) Motions and Rigorous Standards for Fraud Upon the Court Affirmed in King v. MTA Bridges and Tunnels

Strict Time Limits for Rule 60(b) Motions and Rigorous Standards for Fraud Upon the Court Affirmed in King v. MTA Bridges and Tunnels

Date: Mar 28, 2002
Strict Time Limits for Rule 60(b) Motions and Rigorous Standards for Fraud Upon the Court Affirmed in King v. MTA Bridges and Tunnels Introduction David King v. MTA Bridges and Tunnels is a...
State of Connecticut v. Physicians Health Services of Connecticut, Inc.: Standing under ERISA

State of Connecticut v. Physicians Health Services of Connecticut, Inc.: Standing under ERISA

Date: Mar 28, 2002
State of Connecticut v. Physicians Health Services of Connecticut, Inc.: Standing under ERISA Introduction In State of Connecticut v. Physicians Health Services of Connecticut, Inc., 287 F.3d 110 (2d...
Affirmation of Coverage Denial Under ERISA: The Fay v. Oxford Health Plan Decision

Affirmation of Coverage Denial Under ERISA: The Fay v. Oxford Health Plan Decision

Date: Mar 28, 2002
Affirmation of Coverage Denial Under ERISA: The Fay v. Oxford Health Plan Decision Introduction The case Anna Fay and Louis Fay, Plaintiffs-Appellees, v. Oxford Health Plan, Defendant-Appellee, Mount...
Qualified Immunity in Employment Retaliation: Munafo v. Metropolitan Transportation Authority

Qualified Immunity in Employment Retaliation: Munafo v. Metropolitan Transportation Authority

Date: Mar 27, 2002
Qualified Immunity in Employment Retaliation: Munafo v. Metropolitan Transportation Authority Introduction The case of Charles Munafo v. Metropolitan Transportation Authority explores the...
Enhanced Scrutiny of Fourth Amendment Protections in Civil Forfeiture: Mercado-Filpo v. United States

Enhanced Scrutiny of Fourth Amendment Protections in Civil Forfeiture: Mercado-Filpo v. United States

Date: Mar 27, 2002
Enhanced Scrutiny of Fourth Amendment Protections in Civil Forfeiture: Mercado-Filpo v. United States Introduction Mercado-Filpo v. United States, 287 F.3d 66 (2d Cir. 2002), is a pivotal case that...
Minimal Interstate Commerce Sufficiency and Prosecutorial Conduct Standards in Hobbs Act Convictions: United States v. Elias

Minimal Interstate Commerce Sufficiency and Prosecutorial Conduct Standards in Hobbs Act Convictions: United States v. Elias

Date: Mar 26, 2002
Minimal Interstate Commerce Sufficiency and Prosecutorial Conduct Standards in Hobbs Act Convictions: United States v. Elias Introduction United States v. Alex Elias, 285 F.3d 183 (2d Cir. 2002), is...
Discrimination Claims Preempted by Warsaw Convention: Insights from King v. American Airlines

Discrimination Claims Preempted by Warsaw Convention: Insights from King v. American Airlines

Date: Mar 23, 2002
Discrimination Claims Preempted by Warsaw Convention: Insights from King v. American Airlines Introduction In George King and Judy King v. American Airlines, Inc. (284 F.3d 352), decided on March 22,...
Affirmation of Section 1997e(e) Applicability to Constitutional Claims in Thompson v. Carter

Affirmation of Section 1997e(e) Applicability to Constitutional Claims in Thompson v. Carter

Date: Mar 20, 2002
Affirmation of Section 1997e(e) Applicability to Constitutional Claims in Thompson v. Carter Introduction In the case of Louis Thompson v. J. Carter et al., decided by the United States Court of...
Affirmation of State Court's Courtroom Closure: Brown v. Artuz and the Right to a Public Trial

Affirmation of State Court's Courtroom Closure: Brown v. Artuz and the Right to a Public Trial

Date: Mar 14, 2002
Affirmation of State Court's Courtroom Closure: Brown v. Artuz and the Right to a Public Trial Introduction Andrew Brown appealed the denial of his habeas corpus petition by the United States Court...
McCarthy v. AIG Life: Appellate Court Establishes Standards for Notice of Claim in Insurance Contracts

McCarthy v. AIG Life: Appellate Court Establishes Standards for Notice of Claim in Insurance Contracts

Date: Mar 13, 2002
McCarthy v. AIG Life: Appellate Court Establishes Standards for Notice of Claim in Insurance Contracts Introduction Thomas D. McCarthy, the plaintiff-appellant, initiated a lawsuit against American...
Reduced Fourth Amendment Protections for Individuals on Federal Supervised Release: United States v. Reyes

Reduced Fourth Amendment Protections for Individuals on Federal Supervised Release: United States v. Reyes

Date: Mar 8, 2002
Reduced Fourth Amendment Protections for Individuals on Federal Supervised Release: United States v. Reyes Introduction United States v. Reyes, 283 F.3d 446 (2d Cir. 2002), is a pivotal case that...
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