2d Circuit Case Commentaries

Affirming Trade Dress Protection: Insights from Nora Beverages, Inc. v. The Perrier Group of America, Inc.

Date: Aug 24, 2001

Affirming Trade Dress Protection: Insights from Nora Beverages, Inc. v. The Perrier Group of America, Inc. Introduction Nora Beverages, Inc. v. The Perrier Group of America, Inc. is a pivotal case in...

Affirmation of Conversion Caps in Determining Beneficial Ownership under Section 16(b): Southbrook v. ImmunoGen

Date: Aug 24, 2001

Affirmation of Conversion Caps in Determining Beneficial Ownership under Section 16(b): Southbrook v. ImmunoGen Introduction The case of Mark Levy, Derivatively on behalf of ImmunoGen Inc. v....

Liability Standards in Sexual Assault Cases: Girden v. Sandals International Analysis

Date: Aug 22, 2001

Liability Standards in Sexual Assault Cases: Girden v. Sandals International Analysis Introduction Girden v. Sandals International, 262 F.3d 195 (2d Cir. 2001), is a seminal case that addresses the...

Clarifying Qualified Immunity and Supervisory Liability in §1983 Claims: Provost v. Newburgh

Date: Aug 18, 2001

Clarifying Qualified Immunity and Supervisory Liability in §1983 Claims: Provost v. The City of Newburgh Introduction In the landmark case of Robert Provost v. The City of Newburgh, the United States...

Establishing the Standard for Interlocutory Appeals under Rule 23(f): In re Sumitomo Copper Litigation

Date: Aug 16, 2001

Establishing the Standard for Interlocutory Appeals under Rule 23(f): In re Sumitomo Copper Litigation Introduction The case of In re Sumitomo Copper Litigation represents a pivotal moment in the...

Establishing AEDPA Deference Standards in Effective Assistance of Counsel: Sellan v. Kuhlman

Date: Aug 15, 2001

Establishing AEDPA Deference Standards in Effective Assistance of Counsel: Sellan v. Kuhlman Introduction Sellan v. Kuhlman, 261 F.3d 303 (2d Cir. 2001), presents a pivotal analysis of the...

Turner v. Artuz: Establishing Boundaries for Successive Habeas Corpus Petitions under AEDPA

Date: Aug 14, 2001

Turner v. Artuz: Establishing Boundaries for Successive Habeas Corpus Petitions under AEDPA Introduction Kevin Turner, the petitioner-appellant, was convicted of multiple counts of murder, attempted...

Affirmation of Due Process and Equal Protection in Passport Denial for Child Support Arrears

Date: Aug 11, 2001

Affirmation of Due Process and Equal Protection in Passport Denial for Child Support Arrears Introduction In the case of Monty Neil Weinstein v. Madeleine K. Albright, decided on August 10, 2001, the...

Yurman Design, Inc. v. PAJ, Inc.: Establishing Clear Standards for Trade Dress Protection in Jewelry Design

Date: Aug 11, 2001

Yurman Design, Inc. v. PAJ, Inc.: Establishing Clear Standards for Trade Dress Protection in Jewelry Design Introduction The case of Yurman Design, Inc. v. PAJ, Inc. (262 F.3d 101) adjudicated by the...

Empowering Creditors' Committees: Legal Precedent in In re Commodore International Limited

Date: Aug 10, 2001

Empowering Creditors' Committees: Legal Precedent in In re Commodore International Limited Introduction The case of In re Commodore International Limited and Commodore Electronics Limited, Debtors...

Second Circuit Expands Standards for Intervention in Employment Discrimination Settlements Affecting Seniority Rights

Date: Aug 4, 2001

Second Circuit Expands Standards for Intervention in Employment Discrimination Settlements Affecting Seniority Rights Introduction The case of Intervenors-Appellants v. New York City Board of...

Mootness and Vacatur in Special Education Funding: Russman v. Board of Education

Date: Aug 4, 2001

Mootness and Vacatur in Special Education Funding: Russman v. Board of Education Introduction Russman v. Board of Education of the Enlarged City School District of the City of Watervliet is a pivotal...

Affirmation of Defendants on ADA Claims and Reversal of Attorney's Fees in Parker v. Sony Pictures Entertainment

Date: Aug 4, 2001

Affirmation of Defendants on ADA Claims and Reversal of Attorney's Fees in Parker v. Sony Pictures Entertainment Introduction In the case of Douglas Parker v. Sony Pictures Entertainment, Inc., the...

Timeliness and Classification of Rule 12(b)(6) Motions: Insights from Patel v. Contemporary Classics

Date: Aug 4, 2001

Timeliness and Classification of Rule 12(b)(6) Motions: Insights from Patel v. Contemporary Classics Introduction In the appellate case of Kanti A. Patel v. Contemporary Classics of Beverly Hills and...

Establishing Personal Jurisdiction and Requiring Evidentiary Hearings: Insights from the Second Circuit's Decision in Rationis Enterprises, Inc. v. Hyundai Mipo Dockyard Co.

Date: Aug 4, 2001

Establishing Personal Jurisdiction and Requiring Evidentiary Hearings: Insights from the Second Circuit's Decision in Rationis Enterprises, Inc. v. Hyundai Mipo Dockyard Co. Introduction The case of...

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2d Circuit Case Commentaries

Affirming Trade Dress Protection: Insights from Nora Beverages, Inc. v. The Perrier Group of America, Inc.

Affirmation of Conversion Caps in Determining Beneficial Ownership under Section 16(b): Southbrook v. ImmunoGen

Liability Standards in Sexual Assault Cases: Girden v. Sandals International Analysis

Clarifying Qualified Immunity and Supervisory Liability in §1983 Claims: Provost v. Newburgh

Establishing the Standard for Interlocutory Appeals under Rule 23(f): In re Sumitomo Copper Litigation

Establishing AEDPA Deference Standards in Effective Assistance of Counsel: Sellan v. Kuhlman

Turner v. Artuz: Establishing Boundaries for Successive Habeas Corpus Petitions under AEDPA

Affirmation of Due Process and Equal Protection in Passport Denial for Child Support Arrears

Yurman Design, Inc. v. PAJ, Inc.: Establishing Clear Standards for Trade Dress Protection in Jewelry Design

Empowering Creditors' Committees: Legal Precedent in In re Commodore International Limited

Second Circuit Expands Standards for Intervention in Employment Discrimination Settlements Affecting Seniority Rights

Mootness and Vacatur in Special Education Funding: Russman v. Board of Education

Affirmation of Defendants on ADA Claims and Reversal of Attorney's Fees in Parker v. Sony Pictures Entertainment

Timeliness and Classification of Rule 12(b)(6) Motions: Insights from Patel v. Contemporary Classics

Establishing Personal Jurisdiction and Requiring Evidentiary Hearings: Insights from the Second Circuit's Decision in Rationis Enterprises, Inc. v. Hyundai Mipo Dockyard Co.

Affirmation of Forfeiture of Right to Counsel Due to Defendant's Misconduct in Gilchrist v. O'Keefe

Kolstad Standard Applied to Local Administrative Code for Punitive Damages in Retaliation Claims

Equitable Tolling in §2255 Motions: Donald Green v. United States

Kerman v. City of New York: Establishing Limits on Warrantless Police Entry

Ambiguity in Joint Venture Agreements Requires Jury Determination: Scholastic v. Harris