2d Circuit Case Commentaries

Application of Rule 49(a) in Evaluating Willingness to Perform in Breach of Contract Cases – Roberts v. Karimi

Date: Jun 1, 2001

Application of Rule 49(a) in Evaluating Willingness to Perform in Breach of Contract Cases – Roberts v. Karimi Introduction The case of Todd M. Roberts v. Mahmood Karimi and Johanna Karimi, decided...

Fitzgerald v. United States Postal Service: Affirmation of Continuing Violation Doctrine under Title VII

Date: Jun 1, 2001

Fitzgerald v. United States Postal Service: Affirmation of Continuing Violation Doctrine under Title VII Introduction Fitzgerald v. United States Postal Service is a pivotal case adjudicated by the...

Fieger v. Pitney Bowes: Choice of Law and Real Estate Broker Licensing

Date: Jun 1, 2001

Fieger v. Pitney Bowes: Choice of Law and Real Estate Broker Licensing Introduction Fieger v. Pitney Bowes Credit Corporation is a landmark decision by the United States Court of Appeals for the...

GRAY v. MARYLAND and Procedural Bars on §2255 Petitions: Analysis of United States v. Sanin

Date: May 26, 2001

GRAY v. MARYLAND and Procedural Bars on §2255 Petitions: Analysis of United States v. Sanin Introduction In United States of America v. Juan Ignacio Sanin, 252 F.3d 79 (2d Cir. 2001), the United...

SLUSA Preempts State Class Actions on Variable Annuities: Insights from L. Claire Lander v. Hartford Life

Date: May 26, 2001

SLUSA Preempts State Class Actions on Variable Annuities: Insights from L. Claire Lander v. Hartford Life Introduction In the landmark case of L. Claire Lander, Charles M. Droz, Julian Block, and...

Complete Diversity and Jurisdictional Spoilers: Insights from Herrick v. SCS Communications

Date: May 24, 2001

Complete Diversity and Jurisdictional Spoilers: Insights from Herrick v. SCS Communications Introduction The case of The Herrick Company, Inc. and Norton Herrick v. SCS Communications, Inc. and...

State Sovereign Immunity Reinforced Under ADEA: McGINTY v. STATE of New York

Date: May 23, 2001

State Sovereign Immunity Reinforced Under ADEA: McGINTY v. STATE of New York Introduction McGINTY v. STATE of New York is a landmark case decided by the United States Court of Appeals for the Second...

Huang v. Johnson: Second Circuit Clarifies Eleventh Amendment and Section 1983 Claims in Juvenile Detention Cases

Date: May 18, 2001

Huang v. Johnson: Second Circuit Clarifies Eleventh Amendment and Section 1983 Claims in Juvenile Detention Cases Introduction Huang v. Johnson, 251 F.3d 65 (2d Cir. 2001), is a pivotal case...

Charging Liens and Intervention Rights: Analysis of Butler v. Sequa Corp.

Date: May 18, 2001

Charging Liens and Intervention Rights: Analysis of Butler v. Sequa Corp. Introduction Butler, Fitzgerald Potter, a Professional Corporation v. Sequa Corporation and Sequa Capital Corporation, 250...

Exhaustion of Administrative Remedies in §1983 Claims: Giano v. Goord

Date: May 17, 2001

Exhaustion of Administrative Remedies in §1983 Claims: Giano v. Goord Introduction In the landmark case Julio F. Giano v. Glenn Goord, decided by the United States Court of Appeals for the Second...

Imputing Knowledge from Civilian 911 Operators: Insights from United States v. Colon

Date: May 15, 2001

Imputing Knowledge from Civilian 911 Operators: Insights from United States v. Colon Introduction In the landmark case of United States v. Colon, the United States Court of Appeals for the Second...

Enhancing Securities Fraud Litigation: Loss Causation and Scienter in SUEZ Equity Investors v. Toronto-Dominion Bank

Date: May 9, 2001

Enhancing Securities Fraud Litigation: Loss Causation and Scienter in SUEZ Equity Investors v. Toronto-Dominion Bank Introduction The case of SUEZ Equity Investors, L.P. and SEI Associates v. The...

Personal Involvement in Eighth Amendment §1983 Claims: Gaston v. Coughlin

Date: May 8, 2001

Personal Involvement in Eighth Amendment §1983 Claims: Gaston v. Coughlin Introduction Gaston v. Coughlin (249 F.3d 156) is a pivotal case decided by the United States Court of Appeals for the Second...

Affirming Counsel's Role in Defendant's Right to Testify: Chang v. United States

Date: May 5, 2001

Affirming Counsel's Role in Defendant's Right to Testify: Chang v. United States Introduction In the landmark case of John Chang v. United States of America, adjudicated by the United States Court of...

Joint and Several Liability Under the Carmack Amendment: Insights from Project Hope v. M/V IBN SINA

Date: May 5, 2001

Joint and Several Liability Under the Carmack Amendment: Insights from Project Hope v. M/V IBN SINA Introduction The case of Project Hope v. M/V IBN SINA serves as a pivotal decision in maritime and...

Exhaustion of Administrative Remedies under ERISA: Davenport v. Abrams Decision

Date: May 5, 2001

Exhaustion of Administrative Remedies under ERISA: Davenport v. Abrams Decision Introduction The case of Jennifer A. Davenport v. Harry N. Abrams, Inc., adjudicated by the United States Court of...

Affirmation of Summary Judgment in Age Discrimination and Retaliation Claims: Slattery v. Swiss Re

Date: May 4, 2001

Affirmation of Summary Judgment in Age Discrimination and Retaliation Claims: Slattery v. Swiss Re Introduction In the landmark case of Slattery v. Swiss Reinsurance America Corp., the United States...

Group Beneficial Ownership in Short-Swing Trading: Morales v. Quintel Entertainment

Date: May 3, 2001

Group Beneficial Ownership in Short-Swing Trading: Morales v. Quintel Entertainment 1. Introduction The case of Richard Morales v. Quintel Entertainment, Inc., adjudicated by the United States Court...

Defining the Scope of Probation Conditions: Insights from United States v. Peterson

Date: May 1, 2001

Defining the Scope of Probation Conditions: Insights from United States v. Peterson Introduction United States of America v. Larry Peterson, 248 F.3d 79 (2d Cir. 2001), is a pivotal case that...

Defining Employer Status and Individual Liability under Title VII: Insights from CAG v. Allen

Date: May 1, 2001

Defining Employer Status and Individual Liability under Title VII: Insights from CAG v. Allen Introduction Kimberly Allen v. Comprehensive Analytical Group, Inc. is a significant case adjudicated in...

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