2d Circuit Case Commentaries

Enforcing Statutory Fee Obligations Over Equitable Closure: Insights from Aquatic Development Group, Inc. v. Schwartz

Date: Dec 18, 2003

Enforcing Statutory Fee Obligations Over Equitable Closure: Insights from Aquatic Development Group, Inc. v. Schwartz Introduction The case of In re: Aquatic Development Group, Inc., Debtor. Carolyn...

Standing to Sue: Enhanced Risk in Food Safety Cases Established in Farm Sanctuary, Inc. v. Veneman

Date: Dec 17, 2003

Standing to Sue: Enhanced Risk in Food Safety Cases Established in Farm Sanctuary, Inc. v. Veneman Introduction The appellate case Farm Sanctuary, Inc., Plaintiff-Appellant, v. Ann M. Veneman,...

Tsombanidis v. West Haven: Affirming ADA and FHAA Protections in Zoning Practices for Rehabilitation Homes

Date: Dec 16, 2003

Tsombanidis v. West Haven: Affirming ADA and FHAA Protections in Zoning Practices for Rehabilitation Homes Introduction Tsombanidis v. West Haven Fire Department, Oxford House, Incorporated and John...

Passive Receipt of Conspiracy Proceeds as an Overt Act: Benussi v. United States

Date: Dec 16, 2003

Passive Receipt of Conspiracy Proceeds as an Overt Act: Benussi v. United States Introduction In the case of United States of America v. Glen Benussi, adjudicated by the United States Court of...

Reaffirming the Substantial Burden Test for Prisoners' Free Exercise Claims: Ford v. McGinnis

Date: Dec 16, 2003

Reaffirming the Substantial Burden Test for Prisoners' Free Exercise Claims: Ford v. McGinnis Introduction Wayne Ford, a practicing Muslim inmate incarcerated in the New York State Department of...

Second Circuit Clarifies Sentencing Enhancements for Emotional Injury in Criminal Cases

Date: Dec 11, 2003

Second Circuit Clarifies Sentencing Enhancements for Emotional Injury in Criminal Cases Introduction The case of United States of America v. Robert Spinelli presents critical issues surrounding the...

Younger Abstention and Judicial Conduct Rules: Comprehensive Analysis of Spargo v. NY State Commission on Judicial Conduct

Date: Dec 10, 2003

Younger Abstention and Judicial Conduct Rules: Comprehensive Analysis of Spargo v. NY State Commission on Judicial Conduct Introduction Spargo v. New York State Commission on Judicial Conduct, 351...

Affirming Continuity of Ownership in De Facto Mergers: Cargo Partner AG v. Albatrans, Inc.

Date: Dec 10, 2003

Affirming Continuity of Ownership in De Facto Mergers: Cargo Partner AG v. Albatrans, Inc. Introduction In the landmark case of Cargo Partner AG v. Albatrans, Inc., decided on December 9, 2003, the...

Enhanced Protections for Prisoners: Requirement for Notice and Verification of Administrative Remedies in §1983 Claims under PLRA

Date: Dec 10, 2003

Enhanced Protections for Prisoners: Requirement for Notice and Verification of Administrative Remedies in §1983 Claims under PLRA Introduction Demostede Mojias v. Deputy Johnson, et al., 351 F.3d 606...

Second Circuit Clarifies Access Requirements in Copyright Infringement: Jorgensen v. Epic/Sony Records

Date: Dec 4, 2003

Second Circuit Clarifies Access Requirements in Copyright Infringement: Jorgensen v. Epic/Sony Records Introduction Jorgensen v. Epic/Sony Records, 351 F.3d 46 (2d Cir. 2003), is a pivotal decision...

Clarifying Judicial Recusal Standards: Impact of Minimal Financial Interests in Victim Entities

Date: Nov 26, 2003

Clarifying Judicial Recusal Standards: Impact of Minimal Financial Interests in Victim Entities Introduction The case of United States of America v. Niels Lauersen, decided by the United States Court...

Second Circuit Clarifies Deposition of Opposing Counsel Under Rule 26: Moving Beyond the Shelton Rule

Date: Nov 22, 2003

Second Circuit Clarifies Deposition of Opposing Counsel Under Rule 26: Moving Beyond the Shelton Rule Introduction The case of In re: Subpoena Issued to Dennis Friedman, Esq. involves complex issues...

Second Circuit Certifies State Law Questions on Tortious Interference and Punitive Damages in Carvel Franchise Dispute

Date: Nov 22, 2003

Second Circuit Certifies State Law Questions on Tortious Interference and Punitive Damages in Carvel Franchise Dispute Introduction In Carvel Corporation v. Elizabeth A. Noonan et al., the United...

Affirmation of Adequate Protection Standards for Secured Creditors in Bankruptcy Proceedings

Date: Nov 21, 2003

Affirmation of Adequate Protection Standards for Secured Creditors in Bankruptcy Proceedings Introduction The case of In re: Dairy Mart Convenience Stores, Inc., Debtor, adjudicated in the United...

Second Circuit Clarifies Real Estate Broker Obligations in Housing Discrimination Claims

Date: Nov 18, 2003

Second Circuit Clarifies Real Estate Broker Obligations in Housing Discrimination Claims Introduction In the landmark case of Mitchell v. Shane, heard by the United States Court of Appeals for the...

Affirming Double Counting in Sentencing Guidelines for Vulnerable-Victim Related Offenses

Date: Nov 14, 2003

Affirming Double Counting in Sentencing Guidelines for Vulnerable-Victim Related Offenses Introduction In the case of United States of America v. Patricia Morris (350 F.3d 32), the United States...

Affirming the Application of 18 U.S.C. § 3144 to Grand Jury Witnesses: Comprehensive Analysis of United States v. Osama Awadallah

Date: Nov 8, 2003

Affirming the Application of 18 U.S.C. § 3144 to Grand Jury Witnesses: Comprehensive Analysis of United States v. Osama Awadallah Introduction The case of United States of America v. Osama Awadallah...

Informed Judicial Discretion in Sentencing: Insights from United States v. John Doe

Date: Oct 30, 2003

Informed Judicial Discretion in Sentencing: Insights from United States v. John Doe Introduction The case United States of America v. John Doe (348 F.3d 64) serves as a pivotal moment in the...

Stringent Requirements for §1983 Claims: Insights from Govan v. Campbell, N.D. New York

Date: Oct 30, 2003

Stringent Requirements for §1983 Claims: Insights from Govan v. Campbell, N.D. New York Introduction The case of Isaac Govan v. James Campbell, et al. adjudicated in the United States District Court...

Clarifying the Application of the Conscious Avoidance Doctrine in Two-Person Conspiracy Under 18 U.S.C. §371

Date: Oct 25, 2003

Clarifying the Application of the Conscious Avoidance Doctrine in Two-Person Conspiracy Under 18 U.S.C. §371 Introduction In the case of United States of America v. Richard A. Svoboda and Michael A....