2d Circuit Case Commentaries

Pavel v. Hollins: Reinforcing Sixth Amendment Protections for Effective Assistance of Counsel

Date: Jul 26, 2001

Pavel v. Hollins: Reinforcing Sixth Amendment Protections for Effective Assistance of Counsel Introduction Pavel v. Hollins is a landmark decision by the United States Court of Appeals for the Second...

Whitaker v. American Telecasting: Defining Initial Pleading under 28 U.S.C. §1446(b)

Date: Jul 26, 2001

Whitaker v. American Telecasting: Defining Initial Pleading under 28 U.S.C. §1446(b) Introduction Whitaker v. American Telecasting, Inc. is a significant appellate decision by the United States Court...

Second Circuit Upholds Summary Judgment Dismissing Antitrust Claims Against British Airways' Incentive Agreements

Date: Jul 25, 2001

Second Circuit Upholds Summary Judgment Dismissing Antitrust Claims Against British Airways' Incentive Agreements Introduction The case of Virgin Atlantic Airways Limited v. British Airways Plc (257...

Sex Discrimination in the Workplace: Insights from Brown v. Henderson

Date: Jul 25, 2001

Sex Discrimination in the Workplace: Insights from Brown v. Henderson Introduction Madeline E. Brown, a dedicated letter carrier with the United States Postal Service (USPS), found herself embroiled...

Delay and Prejudice in Administrative Adjudication: Second Circuit Rules No Due Process Violation

Date: Jul 24, 2001

Delay and Prejudice in Administrative Adjudication: Second Circuit Rules No Due Process Violation Introduction The case of New York State National Organization for Women (NOW), et al. v. Pataki, et...

Discriminatory Denial of Police Protection: Pyke v. Cuomo Establishes New Equal Protection Standards

Date: Jul 21, 2001

Discriminatory Denial of Police Protection: Pyke v. Cuomo Establishes New Equal Protection Standards Introduction In the landmark case of Joseph H. PYKE, indi v. Cuomo et al., decided on July 20,...

Affirmation of Racketeering and Conspiracy Convictions in United States v. Monteleone et al.

Date: Jul 21, 2001

Affirmation of Racketeering and Conspiracy Convictions in United States v. Monteleone et al. Introduction The case of United States of America v. Joseph Monteleone, Sr., Joseph Russo, and Anthony...

Second Circuit Rules Felony DWI Does Not Constitute a "Crime of Violence" under INA

Date: Jul 21, 2001

Second Circuit Rules Felony DWI Does Not Constitute a "Crime of Violence" under INA Introduction In the landmark case of Thomas Anthony Dalton v. John Ashcroft, decided by the United States Court of...

Absolute Immunity of Self-Regulatory Organizations: Insights from D'ALESSIO v. NYSE

Date: Jul 20, 2001

Absolute Immunity of Self-Regulatory Organizations: Insights from D'ALESSIO v. NYSE Introduction The case of John R. D'ALESSIO and D'Alessio Securities, Inc. versus New York Stock Exchange, Inc. and...

Materiality and Loss Causation in Securities Fraud: Ugo Castellano v. Young Rubicam, Inc.

Date: Jul 20, 2001

Materiality and Loss Causation in Securities Fraud: Ugo Castellano v. Young Rubicam, Inc. Introduction In the case of Ugo Castellano, Plaintiff-Appellant, v. Young Rubicam, Inc., Defendant-Appellee...

Establishing the Necessity of Price Waterhouse Burden-Shifting in ADEA Cases: Shirley Rose v. NYC Board of Education

Date: Jul 17, 2001

Establishing the Necessity of Price Waterhouse Burden-Shifting in ADEA Cases: Shirley Rose v. NYC Board of Education Introduction In Shirley Rose v. New York City Board of Education, C.S.D. #13, 257...

Affirmation of Legitimate Termination in Age Discrimination Case: Roge v. NYP Holdings

Date: Jul 17, 2001

Affirmation of Legitimate Termination in Age Discrimination Case: Roge v. NYP Holdings Introduction In the case of Robert Roge v. NYP Holdings, Inc., decided by the United States Court of Appeals for...

Strict Standards for Eyewitness Identification Reliability: Raheem v. Kelly Establishes New Precedent

Date: Jul 14, 2001

Strict Standards for Eyewitness Identification Reliability: Raheem v. Kelly Establishes New Precedent Introduction Jehan Abdur Raheem, formerly known as John Whitaker, appeals his conviction for...

Vacatur of Judgment and Mootness of Appeals: Insights from Fort Knox Music Inc. v. Philip Baptiste

Date: Jul 13, 2001

Vacatur of Judgment and Mootness of Appeals: Insights from Fort Knox Music Inc. v. Philip Baptiste Introduction The case of Fort Knox Music Inc. and Trio Music Company Inc. v. Philip Baptiste (257...

Suppression of Favorable Evidence: A Landmark Brady Violation in Leka v. Portuondo

Date: Jul 13, 2001

Suppression of Favorable Evidence: A Landmark Brady Violation in Leka v. Portuondo Introduction Sami Leka, the petitioner-appellant, was convicted in a 1990 jury trial in the Supreme Court of Kings...

Holtz v. Rockefeller Co., Inc.: Establishing Parameters for Employment Discrimination Claims

Date: Jul 11, 2001

Holtz v. Rockefeller Co., Inc.: Establishing Parameters for Employment Discrimination Claims Introduction In the case of Laura Holtz v. Rockefeller Co., Inc., decided on July 10, 2001, by the United...

Presumption of Detention in Armed Robbery Conspiracies: Analysis of United States v. Mercedes et al.

Date: Jun 28, 2001

Presumption of Detention in Armed Robbery Conspiracies: Analysis of United States v. Mercedes et al. Introduction In the case of United States of America v. Miguel Mercedes, Elynson Matos, aka...

Custodial Interrogation Standards in Public Settings: Analysis of Santos Cruz v. Miller

Date: Jun 23, 2001

Custodial Interrogation Standards in Public Settings: Analysis of Santos Cruz v. Miller Introduction Santos Cruz v. Miller is a pivotal case adjudicated by the United States Court of Appeals for the...

Second Circuit Clarifies ERISA Pension Plan Ambiguities: RBP Does Not Cover Section 401(a)(17) Limitations

Date: Jun 21, 2001

Second Circuit Clarifies ERISA Pension Plan Ambiguities: RBP Does Not Cover Section 401(a)(17) Limitations Introduction In the landmark decision Aramony v. United Way of America, the United States...

Prejudice Requirement for Defective Notice in Insurance Coverage Disclaimers Clarified under Texas Law

Date: Jun 21, 2001

Prejudice Requirement for Defective Notice in Insurance Coverage Disclaimers Clarified under Texas Law Introduction The case of Jane M. Booking v. General Star Management Company and General Star...

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