2d Circuit Case Commentaries

Timing and Scope of Brady Obligations: Insights from United States v. Coppa et al.

Date: Oct 6, 2001

Timing and Scope of Brady Obligations: Insights from United States v. Coppa et al. Introduction The landmark case In re United States of America, Petitioner. United States of America v. Frank Coppa,...

Procedural Defaults and Effective Assistance of Counsel under AEDPA: The Aparicio v. Artuz Decision

Date: Oct 6, 2001

Procedural Defaults and Effective Assistance of Counsel under AEDPA: The Aparicio v. Artuz Decision Introduction The case of David Aparicio v. Christopher Artuz presented before the United States...

Denny's Discrimination Case: Affirmation of Summary Judgment under § 1981 and § 2000a

Date: Oct 6, 2001

Denny's Discrimination Case: Affirmation of Summary Judgment under § 1981 and § 2000a Introduction In the landmark case of Arnold Roderrick Lizarro et al. v. Denny's, Inc. et al. (270 F.3d 94, 2d...

Second Circuit Affirms Mandatory Exhaustion of Administrative Remedies for Prison Conditions Claims under 42 U.S.C. § 1997e(a)

Date: Oct 5, 2001

Second Circuit Affirms Mandatory Exhaustion of Administrative Remedies for Prison Conditions Claims under 42 U.S.C. § 1997e(a) Introduction In the landmark case of Christopher Neal v. Glenn S. Goord...

VAN WIE v. PATAKI: Clarifying Mootness in Election Law Challenges

Date: Oct 5, 2001

VAN WIE v. PATAKI: Clarifying Mootness in Election Law Challenges Introduction In the landmark case of Wendy Van Wie and Lloyd F. Wright v. George Pataki et al., the United States Court of Appeals...

Affirmation and Reversal in Marine Insurance Dispute: New Precedents on Agent-Imputed Knowledge and Policy Termination

Date: Sep 28, 2001

Affirmation and Reversal in Marine Insurance Dispute: New Precedents on Agent-Imputed Knowledge and Policy Termination Introduction In the appellate case New York Marine General Insurance Company v....

Alawi Kuhali v. Reno: Establishing Precedents in Immigration Law Regarding Firearms Offenses and Aggravated Felonies

Date: Sep 28, 2001

Alawi Kuhali v. Reno: Establishing Precedents in Immigration Law Regarding Firearms Offenses and Aggravated Felonies Introduction The case of Alawi Kuhali v. Janet Reno, decided by the United States...

Liability of Limited Partners and Waiver of Indemnification Claims in Arbitration: Pike v. Freeman

Date: Sep 27, 2001

Liability of Limited Partners and Waiver of Indemnification Claims in Arbitration: Pike v. Freeman Introduction The case of Joseph D. Pike, Petitioner-Appellee, et al. v. Brian M. Freeman,...

Limiting Private Monetary Claims Against States Under ADA Title II and Rehabilitation Act §504

Date: Sep 26, 2001

Limiting Private Monetary Claims Against States Under ADA Title II and Rehabilitation Act §504 Introduction Garcia v. State University of New York Health Sciences Center of Brooklyn is a landmark...

Clarifying Municipal Liability Under 42 U.S.C. §1983: Insights from Curley v. Village of Suffern

Date: Sep 11, 2001

Clarifying Municipal Liability Under 42 U.S.C. §1983: Insights from Curley v. Village of Suffern Introduction Curley v. Village of Suffern is a pivotal case adjudicated by the United States Court of...

Ramirez v. Attorney General: Establishing Rigorous Standards for Exhaustion in Habeas Corpus Proceedings

Date: Sep 8, 2001

Ramirez v. Attorney General: Establishing Rigorous Standards for Exhaustion in Habeas Corpus Proceedings Introduction Ramirez v. Attorney General of the State of New York is a pivotal case decided by...

Affirmation of Coverage Under Contaminated Products Insurance Policy

Date: Sep 7, 2001

Affirmation of Coverage Under Contaminated Products Insurance Policy Introduction In the case of National UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA., Plaintiff-Appellant, v. THE STROH COMPANIES,...

Benjamin v. Fraser: Enhancing Pretrial Detainee Access to Counsel and Procedural Due Process in Restraint Impositions

Date: Sep 6, 2001

Benjamin v. Fraser: Enhancing Pretrial Detainee Access to Counsel and Procedural Due Process in Restraint Impositions Introduction Benjamin v. Fraser is a pivotal case decided by the United States...

Enhanced Standards for Pleading Scienter in Securities Fraud: Analysis of KALNIT v. EICHLER

Date: Sep 6, 2001

Enhanced Standards for Pleading Scienter in Securities Fraud: Analysis of KALNIT v. EICHLER Introduction In the landmark case Richard L. Kalnit v. Frank M. Eichler et al., decided by the United...

Reopening Asylum Proceedings Based on New Evidence of Forced Sterilization: Zhao v. U.S. Department of Justice

Date: Sep 6, 2001

Reopening Asylum Proceedings Based on New Evidence of Forced Sterilization: Zhao v. U.S. Department of Justice Introduction Ke Zhen Zhao v. United States Department of Justice is a pivotal case that...

Failure to Accommodate and Retaliation Under the ADA: Lovejoy-Wilson v. NOCO Motor Fuel, Inc. Analysis

Date: Sep 1, 2001

Failure to Accommodate and Retaliation Under the ADA: Lovejoy-Wilson v. NOCO Motor Fuel, Inc. Analysis Introduction Diane Lovejoy-Wilson v. NOCO Motor Fuel, Inc., 263 F.3d 208 (2d Cir. 2001), is a...

Second Circuit Clarifies 'Similarly Situated' Standard in Race Discrimination Claims: Sheila V. McGuinness v. Lincoln Hall

Date: Aug 31, 2001

Second Circuit Clarifies 'Similarly Situated' Standard in Race Discrimination Claims: Sheila V. McGuinness v. Lincoln Hall Introduction In the landmark case of Sheila V. McGuinness v. Lincoln Hall,...

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2d Circuit Case Commentaries

Timing and Scope of Brady Obligations: Insights from United States v. Coppa et al.

Procedural Defaults and Effective Assistance of Counsel under AEDPA: The Aparicio v. Artuz Decision

Denny's Discrimination Case: Affirmation of Summary Judgment under § 1981 and § 2000a

Second Circuit Affirms Mandatory Exhaustion of Administrative Remedies for Prison Conditions Claims under 42 U.S.C. § 1997e(a)

VAN WIE v. PATAKI: Clarifying Mootness in Election Law Challenges

Affirmation and Reversal in Marine Insurance Dispute: New Precedents on Agent-Imputed Knowledge and Policy Termination

Alawi Kuhali v. Reno: Establishing Precedents in Immigration Law Regarding Firearms Offenses and Aggravated Felonies

Liability of Limited Partners and Waiver of Indemnification Claims in Arbitration: Pike v. Freeman

Limiting Private Monetary Claims Against States Under ADA Title II and Rehabilitation Act §504

Clarifying Municipal Liability Under 42 U.S.C. §1983: Insights from Curley v. Village of Suffern

Ramirez v. Attorney General: Establishing Rigorous Standards for Exhaustion in Habeas Corpus Proceedings

Affirmation of Coverage Under Contaminated Products Insurance Policy

Benjamin v. Fraser: Enhancing Pretrial Detainee Access to Counsel and Procedural Due Process in Restraint Impositions

Enhanced Standards for Pleading Scienter in Securities Fraud: Analysis of KALNIT v. EICHLER

Reopening Asylum Proceedings Based on New Evidence of Forced Sterilization: Zhao v. U.S. Department of Justice

Failure to Accommodate and Retaliation Under the ADA: Lovejoy-Wilson v. NOCO Motor Fuel, Inc. Analysis

Second Circuit Clarifies 'Similarly Situated' Standard in Race Discrimination Claims: Sheila V. McGuinness v. Lincoln Hall

Heralding the Significance of Loliscio v. Goord: A Comprehensive Legal Commentary

Void vs. Voidable Contracts: Implications for Arbitration Clauses in Sphere Drake v. Clarendon

Refining Qualified Immunity in First Amendment Retaliation and Due Process Claims: LOCURTO v. GIULIANI