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  • Commentaries
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2d Circuit Case Commentaries

Federal Habeas Corpus Under §2241: Exclusion of Discretionary Challenges in Sol v. INS

Federal Habeas Corpus Under §2241: Exclusion of Discretionary Challenges in Sol v. INS

Date: Dec 8, 2001
Federal Habeas Corpus Under §2241: Exclusion of Discretionary Challenges in Sol v. Immigration and Naturalization Service Introduction Juan Ramon Sol v. Immigration and Naturalization Service (INS)...
Golden Pacific Bancorp v. FDIC: Ambiguity in Releases and Statute of Limitations in Fiduciary Relationships

Golden Pacific Bancorp v. FDIC: Ambiguity in Releases and Statute of Limitations in Fiduciary Relationships

Date: Dec 8, 2001
Golden Pacific Bancorp v. FDIC: Ambiguity in Releases and Statute of Limitations in Fiduciary Relationships Introduction Golden Pacific Bancorp v. Federal Deposit Insurance Corporation (FDIC), 273...
Mutual Waivers in Plea Agreements Affirmed: Garcia-Santos v. United States

Mutual Waivers in Plea Agreements Affirmed: Garcia-Santos v. United States

Date: Dec 7, 2001
Mutual Waivers in Plea Agreements Affirmed: Garcia-Santos v. United States Introduction The case of Ricardo Garcia-Santos v. United States explores the critical legal implications of plea agreements,...
Second Circuit Establishes Contractual Vesting of ERISA Life Insurance Benefits

Second Circuit Establishes Contractual Vesting of ERISA Life Insurance Benefits

Date: Dec 7, 2001
Second Circuit Establishes Contractual Vesting of ERISA Life Insurance Benefits Introduction In the case of Francis J. Devlin et al. v. Empire Blue Cross and Blue Shield, decided on December 6, 2001,...
Enhancing Deference to Plaintiff's Forum Choice in U.S. Forum Non Conveniens: Iragorri v. United Technologies Corp.

Enhancing Deference to Plaintiff's Forum Choice in U.S. Forum Non Conveniens: Iragorri v. United Technologies Corp.

Date: Dec 5, 2001
Enhancing Deference to Plaintiff's Forum Choice in U.S. Forum Non Conveniens: Iragorri v. United Technologies Corp. Introduction Iragorri v. United Technologies Corp., 274 F.3d 65, decided by the...
Establishing the 'More Discerning Observer' Test for Substantial Similarity in Copyright Cases: Boisson v. Banian Ltd.

Establishing the 'More Discerning Observer' Test for Substantial Similarity in Copyright Cases: Boisson v. Banian Ltd.

Date: Dec 4, 2001
Establishing the 'More Discerning Observer' Test for Substantial Similarity in Copyright Cases: Boisson v. Banian Ltd. Introduction Boisson v. Banian Ltd. is a landmark case adjudicated by the United...
Reaffirming the Flexibility of Protective Orders in Civil Litigation: NYSE v. TheStreet.com

Reaffirming the Flexibility of Protective Orders in Civil Litigation: NYSE v. TheStreet.com

Date: Nov 30, 2001
Reaffirming the Flexibility of Protective Orders in Civil Litigation: NYSE v. TheStreet.com Introduction The case of SECURITIES AND EXCHANGE COMMISSION, Plaintiff, New York Stock Exchange, Inc.,...
Impact of Subsequent Foreign Law Changes on Forum Non Conveniens: BCCI Overseas v. State Bank of Pakistan

Impact of Subsequent Foreign Law Changes on Forum Non Conveniens: BCCI Overseas v. State Bank of Pakistan

Date: Nov 30, 2001
Impact of Subsequent Foreign Law Changes on Forum Non Conveniens: BCCI Overseas v. State Bank of Pakistan Introduction The case of Bank of Credit and Commerce International (Overseas) Limited v....
Indictments Under 18 U.S.C. §1344 May Charge Multiple Subsections in Single Counts: Analysis of United States v. Crisci

Indictments Under 18 U.S.C. §1344 May Charge Multiple Subsections in Single Counts: Analysis of United States v. Crisci

Date: Nov 30, 2001
Indictments Under 18 U.S.C. §1344 May Charge Multiple Subsections in Single Counts: Analysis of United States v. Crisci Introduction United States of America v. George Crisci, 273 F.3d 235 (2d Cir....
Universal City Studios, Inc. v. Corley: Strengthening DMCA Enforcement in the Digital Age

Universal City Studios, Inc. v. Corley: Strengthening DMCA Enforcement in the Digital Age

Date: Nov 29, 2001
Universal City Studios, Inc. v. Corley: Strengthening DMCA Enforcement in the Digital Age Introduction The case of Universal City Studios, Inc., Paramount Pictures Corporation, Metro-Goldwyn-Mayer...
Mandate for Due Process in Imposing Sanctions and Revoking Pro Hac Vice Status: Martens v. Smith Barney, Inc.

Mandate for Due Process in Imposing Sanctions and Revoking Pro Hac Vice Status: Martens v. Smith Barney, Inc.

Date: Nov 21, 2001
Mandate for Due Process in Imposing Sanctions and Revoking Pro Hac Vice Status: Martens v. Smith Barney, Inc. Introduction In the landmark case of Martens v. Smith Barney, Inc., the United States...
Limits of Federal Preemption in Labor Fraud Cases: Wynn v. AC Rochester

Limits of Federal Preemption in Labor Fraud Cases: Wynn v. AC Rochester

Date: Nov 20, 2001
Limits of Federal Preemption in Labor Fraud Cases: Wynn v. AC Rochester Analysis Introduction The case of James I. Wynn, Jr. v. AC Rochester, General Motors Corporation, and Charles Volo serves as a...
Enhancing ERISA Disability Determinations: Connors v. Connecticut General Life Insurance Company

Enhancing ERISA Disability Determinations: Connors v. Connecticut General Life Insurance Company

Date: Nov 20, 2001
Enhancing ERISA Disability Determinations: Connors v. Connecticut General Life Insurance Company Introduction The case of Cliff Connors v. Connecticut General Life Insurance Company, decided by the...
Affirmation of Zoning Board's Discretion in Equal Protection and Due Process Claims – Harlen v. Village of Mineola

Affirmation of Zoning Board's Discretion in Equal Protection and Due Process Claims – Harlen v. Village of Mineola

Date: Nov 17, 2001
Affirmation of Zoning Board's Discretion in Equal Protection and Due Process Claims – Harlen v. Village of Mineola Introduction In the case of Harlen Associates v. The Incorporated Village of Mineola...
Enforcing Arbitration Against a Non-Signatory: The Choctaw Generation v. American Home Assurance Decision

Enforcing Arbitration Against a Non-Signatory: The Choctaw Generation v. American Home Assurance Decision

Date: Nov 17, 2001
Enforcing Arbitration Against a Non-Signatory: The Choctaw Generation v. American Home Assurance Decision Introduction Choctaw Generation Limited Partnership ("Choctaw") entered into a construction...
Second Circuit Rules Ninety-Day Certiorari Period Excluded from AEDPA's Tolling Provision

Second Circuit Rules Ninety-Day Certiorari Period Excluded from AEDPA's Tolling Provision

Date: Nov 17, 2001
Second Circuit Rules Ninety-Day Certiorari Period Excluded from AEDPA's Tolling Provision Introduction In Smaldone v. Senkowski, 273 F.3d 133 (2d Cir. 2001), the United States Court of Appeals for...
Expanded Standing in Civil RICO Cases: Commercial Cleaning Services v. Colin Service Systems

Expanded Standing in Civil RICO Cases: Commercial Cleaning Services v. Colin Service Systems

Date: Nov 16, 2001
Expanded Standing in Civil RICO Cases: Commercial Cleaning Services v. Colin Service Systems Introduction In Commercial Cleaning Services, L.L.C. v. Colin Service Systems, Inc. (271 F.3d 374), the...
Amendment of Habeas Corpus Petitions: Littlejohn v. Artuz Establishes Rule for Motions to Amend Under Fed. R. Civ. P. 15(a)

Amendment of Habeas Corpus Petitions: Littlejohn v. Artuz Establishes Rule for Motions to Amend Under Fed. R. Civ. P. 15(a)

Date: Nov 15, 2001
Amendment of Habeas Corpus Petitions: Littlejohn v. Artuz Establishes Rule for Motions to Amend Under Fed. R. Civ. P. 15(a) Introduction Billy Ray Littlejohn, facing multiple federal convictions,...
Upholding Judicial Discretion in Counsel Substitution: Analysis of United States v. Findley

Upholding Judicial Discretion in Counsel Substitution: Analysis of United States v. Findley

Date: Nov 9, 2001
Upholding Judicial Discretion in Counsel Substitution: Analysis of United States v. Findley Introduction United States v. Findley is a pivotal case adjudicated by the United States Court of Appeals...
Second Circuit Validates State's Mercury Product Labeling Statute Under Commerce Clause and First Amendment

Second Circuit Validates State's Mercury Product Labeling Statute Under Commerce Clause and First Amendment

Date: Nov 7, 2001
Second Circuit Validates State's Mercury Product Labeling Statute Under Commerce Clause and First Amendment Introduction In the case of National Electrical Manufacturers Association (NEMA) v. William...
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