2d Circuit Case Commentaries

Cumulative Harassment as Adverse Employment Action Under First Amendment: Phillips v. Bowen

Date: Jan 25, 2002

Cumulative Harassment as Adverse Employment Action Under First Amendment: Phillips v. Bowen Introduction In Pamela J. Phillips v. James Bowen, 278 F.3d 103 (2d Cir. 2002), the United States Court of...

Reversible Precedent on Attorney's Fees under IDEA: Analyzing J.C. v. Regional School District 10

Date: Jan 25, 2002

Reversible Precedent on Attorney's Fees under IDEA: Analyzing J.C. v. Regional School District 10 Introduction The case J.C., by his Parents and Next Friend, Mr. and Mrs. C. v. Regional School...

Employment At-Will and Defamation in Public Employment Termination: Abramson et al. v. Pataki et al.

Date: Jan 24, 2002

Employment At-Will and Defamation in Public Employment Termination: Abramson et al. v. Pataki et al. Introduction The case of Judith Abramson et al. v. George E. Pataki et al. addresses significant...

Interest on Withheld Funds Not Required: Second Circuit’s Ruling in In re Mid-Island Hospital

Date: Jan 16, 2002

Interest on Withheld Funds Not Required: Second Circuit’s Ruling in In re Mid-Island Hospital Introduction The case of In re Mid-Island Hospital, Inc., Debtor addresses critical issues surrounding...

Contempt Liability and Third-Party Beneficiaries: Insights from Levin v. Tiber Holding Corp.

Date: Jan 12, 2002

Contempt Liability and Third-Party Beneficiaries: Insights from Levin v. Tiber Holding Corp. Introduction The case of Neil D. Levin v. Tiber Holding Corporation, adjudicated by the United States...

Limitations on Insurance Coverage Require Explicit Language: Mount Vernon v. Belize NY

Date: Jan 12, 2002

Limitations on Insurance Coverage Require Explicit Language: Mount Vernon v. Belize NY Introduction The case of MOUNT VERNON FIRE INSURANCE COMPANY, Plaintiff-Appellant, v. BELIZE NY, INC. et al.,...

Harmonious Statutory Construction in Public Housing Funding: Second Circuit Upholds QHWRA Section 519(n) Against Implicit Bar of Section 226

Date: Jan 8, 2002

Harmonious Statutory Construction in Public Housing Funding: Second Circuit Upholds QHWRA Section 519(n) Against Implicit Bar of Section 226 Introduction The case of Auburn Housing Authority, New...

Second Circuit Establishes Procedure for Remand in Asylum Cases Considering Changed Circumstances

Date: Jan 8, 2002

Second Circuit Establishes Procedure for Remand in Asylum Cases Considering Changed Circumstances Introduction The case of Qun Yang v. Edward J. McElroy addresses the complexities surrounding asylum...

Constitutionality of 18 U.S.C. §245(b)(2)(B) Under the Thirteenth Amendment and Impartial Jury Selection: Insights from United States v. Nelson and Price

Date: Jan 8, 2002

Constitutionality of 18 U.S.C. §245(b)(2)(B) Under the Thirteenth Amendment and Impartial Jury Selection: Insights from United States v. Nelson and Price Introduction The case of United States v....

Non-Attorney Parents' Right to Pro Se Representation in SSI Appeals: Machadio v. Apfel

Date: Jan 3, 2002

Non-Attorney Parents' Right to Pro Se Representation in SSI Appeals: Machadio v. Apfel Introduction Patricia Machadio v. Kenneth S. Apfel, 276 F.3d 103 (2d Cir. 2002), is a landmark case that...

Giordano v. City of New York: Clarifying ADA's 'Regarded As Disabled' Standard in Employment Discrimination

Date: Dec 22, 2001

Giordano v. City of New York: Clarifying ADA's 'Regarded As Disabled' Standard in Employment Discrimination Introduction Giordano v. City of New York, 274 F.3d 740 (2d Cir. 2001), is a pivotal case...

Second Circuit Establishes Employer Liability for Hostile Work Environment under Title VII Based on Knowledge of Employee's Prior Sexual Misconduct

Date: Dec 22, 2001

Second Circuit Establishes Employer Liability for Hostile Work Environment under Title VII Based on Knowledge of Employee's Prior Sexual Misconduct Introduction In Penny Ferris v. Delta Air Lines,...

Kosakow v. New Rochelle Radiology Associates: Expanding FMLA Eligibility and Clarifying Estoppel Limitations

Date: Dec 21, 2001

Kosakow v. New Rochelle Radiology Associates: Expanding FMLA Eligibility and Clarifying Estoppel Limitations Introduction In Kosakow v. New Rochelle Radiology Associates, P.C., the United States...

Second Circuit Establishes Precedent on Unlawful Information Exchange under Sherman Act §1

Date: Dec 21, 2001

Second Circuit Establishes Precedent on Unlawful Information Exchange under Sherman Act §1 Introduction In the landmark case Roberta Todd, indi v. Exxon Corporation et al., adjudicated by the United...

Second Circuit Clarifies Limitations on Implied False Certification Theory under the False Claims Act in Healthcare Fraud Cases

Date: Dec 20, 2001

Second Circuit Clarifies Limitations on Implied False Certification Theory under the False Claims Act in Healthcare Fraud Cases Introduction In Patricia S. Mikes, U.S. Go v. t. Ex Rel., Patricia S....

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2d Circuit Case Commentaries

Cumulative Harassment as Adverse Employment Action Under First Amendment: Phillips v. Bowen

Reversible Precedent on Attorney's Fees under IDEA: Analyzing J.C. v. Regional School District 10

Employment At-Will and Defamation in Public Employment Termination: Abramson et al. v. Pataki et al.

Interest on Withheld Funds Not Required: Second Circuit’s Ruling in In re Mid-Island Hospital

Contempt Liability and Third-Party Beneficiaries: Insights from Levin v. Tiber Holding Corp.

Limitations on Insurance Coverage Require Explicit Language: Mount Vernon v. Belize NY

Harmonious Statutory Construction in Public Housing Funding: Second Circuit Upholds QHWRA Section 519(n) Against Implicit Bar of Section 226

Second Circuit Establishes Procedure for Remand in Asylum Cases Considering Changed Circumstances

Constitutionality of 18 U.S.C. §245(b)(2)(B) Under the Thirteenth Amendment and Impartial Jury Selection: Insights from United States v. Nelson and Price

Non-Attorney Parents' Right to Pro Se Representation in SSI Appeals: Machadio v. Apfel

Giordano v. City of New York: Clarifying ADA's 'Regarded As Disabled' Standard in Employment Discrimination

Second Circuit Establishes Employer Liability for Hostile Work Environment under Title VII Based on Knowledge of Employee's Prior Sexual Misconduct

Kosakow v. New Rochelle Radiology Associates: Expanding FMLA Eligibility and Clarifying Estoppel Limitations

Second Circuit Establishes Precedent on Unlawful Information Exchange under Sherman Act §1

Second Circuit Clarifies Limitations on Implied False Certification Theory under the False Claims Act in Healthcare Fraud Cases

Second Circuit Establishes 'Reasonably Related' Standard for Retaliation Claims under Title VII and ADEA

Ensuring Judicial Compliance with Fed.R.Civ.P. 56: Insights from Amaker v. Foley et al.

Affirmation of Pickering Balancing for Public Employees' Religious Speech: Knight and Quental v. State of Connecticut

Enhancing Sentences Based on Drug Quantity: Ramse Thomas v. United States and the Apprendi Principle

Enhancing Due Process in Medicaid Home Health Service Reductions: Insights from Catanzano v. Wing