Spoliation of Electronic Evidence: Insights from ZUBULAKE v. UBS WARBURG LLC Introduction ZUBULAKE v. UBS WARBURG LLC is a landmark case in the realm of electronic discovery and the preservation of...
Exhaustion of Administrative Remedies Under the PLRA Not Jurisdictional: Richardson v. Goord Introduction Richardson v. Goord, decided by the United States Court of Appeals for the Second Circuit on...
Strict Adherence to Consent Decrees: Second Circuit Vacates Contempt Order in Perez v. Danbury Hospital Introduction The legal landscape surrounding antitrust regulations and consent decrees was...
Determining Amount-in-Controversy at Filing Without Considering Preclusion: Scherer v. Equitable Life Assurance Introduction The case Barbara D. Scherer v. The Equitable Life Assurance Society of the...
Second Circuit Sheds Light on Appellate Jurisdiction and Choice-of-Law in Arbitration Compulsion: Cap Gemini Ernst & Young v. Nackel Introduction In Cap Gemini Ernst & Young, U.S., L.L.C.,...
Second Circuit Clarifies Standards for Racial Peremptory Strikes under Batson Introduction The case of Curtis Harris v. Robert Kuhlmann, decided by the United States Court of Appeals for the Second...
Storey v. Cello Holdings: Second Circuit Clarifies Res Judicata in Domain Name Disputes under ACPA Introduction The case of Lawrence Storey v. Cello Holdings, L.L.C., adjudicated by the United States...
Baisch v. Gallina: Second Circuit Affirms Broad RICO Standing and Clarifies 'Zone-of-Interests' Test Introduction The case of Mark E. Baisch versus Frank G. Gallina, McKinnon-Doxsee Insurance Agency,...
Rule 60(b)(1) Authority to Correct Court's Mistake of Fact in Bankruptcy Proceedings Introduction The appellate case Gey Associates General Partnership v. 310 Associates, decided by the United States...
Prevailing Party Defined by Judicially Sanctioned Settlement Agreements under 42 USC § 1988: Second Circuit’s Landmark Decision in Robertson et al. v. Giuliani Introduction The case of Robertson et...
Privileges and Immunities in Commercial Lobstering: Volovar v. Crotty Establishes Constitutional Limits on State Licensing Laws Introduction The case of State of Connecticut ex rel. Blumenthal v....
Sil v. Silverstein Properties: Defining 'Occurrence' in Insurance Claims Post-9/11 Introduction The tragic events of September 11, 2001, not only reshaped global geopolitics but also had profound...
Affirmation of Adverse Credibility Determinations in Asylum Cases: Insights from Wu Biao Chen v. INS Introduction Wu Biao Chen v. Immigration and Naturalization Service (INS) (344 F.3d 272) is a...
Limits on Absolute Immunity for Health Department Officials and Recognition of 'Stigma Plus' Claims in Summary Suspension Proceedings: DiBlasio v. Novello Introduction Mario Diblasio, M.D. and Mario...
Waiver of Foreign Sovereign Immunity in Arbitration: Banco de Seguros del Estado v. Mutual Marine Office, Inc. Introduction The case Banco de Seguros del Estado v. Mutual Marine Office, Inc. and Mt....
Clarifying Brady: Disclosure Requirements for Non-Testifying Informants in United States v. Jackson and Mazyck Introduction In United States v. Sharon Jackson and Anthony Mazyck (345 F.3d 59), the...
Enhanced Protections Against Retaliation in Prison Settings: Scott v. Coughlin Introduction In Scott v. Coughlin, 344 F.3d 282 (2d Cir. 2003), the United States Court of Appeals for the Second...
Reinforcing the Faithless Servant Doctrine: Comprehensive Forfeiture of Compensation Upon Breach of Loyalty under New York Law Introduction In the case of Rohit Phansalkar v. Andersen Weinroth Co.,...
Certification of State Law Questions in Child Welfare Removals for Domestic Violence Exposure: Nicholson v. A.C.S. Introduction Nicholson v. A.C.S. is a pivotal case adjudicated by the United States...
Successive § 2255 Petitions and AEDPA Gatekeeping: An Analysis of Villanueva v. United States Introduction In the landmark case of Hector Villanueva and Lan Ngoc Tran v. United States, the United...