2d Circuit Case Commentaries

Strict Compliance with Warsaw Convention: FedEx's Limitation of Liability Affirmed in Fujitsu v. Federal Express

Date: Apr 21, 2001

Strict Compliance with Warsaw Convention: FedEx's Limitation of Liability Affirmed in Fujitsu v. Federal Express Introduction In the appellate case Fujitsu Limited v. Federal Express Corporation, the...

Strict Adherence to Appellate Deadlines Affirmed in McAllan v. City of New York

Date: Apr 20, 2001

Strict Adherence to Appellate Deadlines Affirmed in McAllan v. City of New York Introduction McAllan v. City of New York, 248 F.3d 48 (2d Cir. 2001), addresses the critical issue of appellate...

Second Circuit Upholds Lifetime Union Bans for Fiduciary Breach and Embezzlement in IBT Case

Date: Apr 19, 2001

Second Circuit Upholds Lifetime Union Bans for Fiduciary Breach and Embezzlement in IBT Case Introduction In the landmark case of United States of America v. International Brotherhood of Teamsters et...

Broadening the Scope of Arbitration: Insights from Hartford Accident Indem. Co. v. Swiss Reinsurance Am. Corp.

Date: Apr 17, 2001

Broadening the Scope of Arbitration: Insights from Hartford Accident Indem. Co. v. Swiss Reinsurance Am. Corp. Introduction The case of Hartford Accident and Indemnity Company et al. v. Swiss...

Involuntary Pleas and Effective Counsel: Analysis of Urena v. People of New York

Date: Apr 11, 2001

Involuntary Pleas and Effective Counsel: Analysis of Urena v. People of New York Introduction Felipe Urena v. The People of the State of New York, 160 F. Supp. 2d 606 (S.D.N.Y. 2001), presents a...

Probable Cause and Qualified Immunity in Seizing Police Officers: Comprehensive Analysis of Cerrone v. Brown

Date: Apr 11, 2001

Probable Cause and Qualified Immunity in Seizing Police Officers: Comprehensive Analysis of Cerrone v. Brown Introduction Cerrone v. Brown, 246 F.3d 194 (2d Cir. 2001), is a pivotal appellate court...

Affirmation of Compulsory Process Rights: NOBLE v. KELLY Establishes Willfulness Requirement for Exclusion of Alibi Testimony

Date: Apr 6, 2001

Affirmation of Compulsory Process Rights: NOBLE v. KELLY Establishes Willfulness Requirement for Exclusion of Alibi Testimony Introduction Casim Noble v. Walter R. Kelly is a pivotal case adjudicated...

Finley Decision: Second Circuit Restricts Multiple §924(c)(1) Firearm Convictions in Single Transaction

Date: Apr 6, 2001

Finley Decision: Second Circuit Restricts Multiple §924(c)(1) Firearm Convictions in Single Transaction Introduction The case of United States of America v. Terry Finley, adjudicated by the United...

On Davis v. The Gap, Inc.: Establishing Actual Damages Through Reasonable License Fees

Date: Apr 4, 2001

On Davis v. The Gap, Inc.: Establishing Actual Damages Through Reasonable License Fees Introduction In the case of On Davis, Plaintiff-Appellant, v. The Gap, Inc., Defendant-Appellee (246 F.3d 152),...

MERRITT v. SHUTTLE, INC.: Expanding Federal Tort Claims Act Jurisdiction Beyond Exclusive Appellate Review

Date: Apr 4, 2001

MERRITT v. SHUTTLE, INC.: Expanding Federal Tort Claims Act Jurisdiction Beyond Exclusive Appellate Review Introduction Richard Merritt and Mary Jo Merritt ("plaintiffs") initiated legal action...

Second Circuit Reinforces Brady Material Significance Under AEDPA in Boyette Case

Date: Apr 4, 2001

Second Circuit Reinforces Brady Material Significance Under AEDPA in Boyette Case Introduction The United States Court of Appeals for the Second Circuit, in the landmark case of Robert Cal v. n...

Voluntariness of Guilty Pleas and Perjury in Affidavits: Analysis of United States v. Lancaster

Date: Apr 3, 2001

Voluntariness of Guilty Pleas and Perjury in Affidavits: Analysis of United States v. Lancaster Introduction United States v. Raymond H. Lancaster, 245 F.3d 166 (2d Cir. 2001), is a pivotal case...

Second or Successive §2255 Motions: Limitations Under AEDPA - Analysis of Jiminian v. Nash

Date: Apr 3, 2001

Second or Successive §2255 Motions: Limitations Under AEDPA - Analysis of Jiminian v. Nash Introduction The case of Benito Jiminian v. John Nash, Warden FCI Ray Brook, decided by the United States...

Scope of Conspiracy Agreement in Insider Trading: McDermott v. United States

Date: Mar 30, 2001

Scope of Conspiracy Agreement in Insider Trading: McDermott v. United States Introduction The case of United States of America v. James J. McDermott, Jr. (245 F.3d 133) serves as a pivotal judgment...

Crescent Publishing Group v. Playboy Enterprises: Guidelines for Awarding Attorneys' Fees under 17 U.S.C. §505

Date: Mar 28, 2001

Crescent Publishing Group v. Playboy Enterprises: Guidelines for Awarding Attorneys' Fees under 17 U.S.C. §505 Introduction In the case of Crescent Publishing Group, Inc. v. Playboy Enterprises,...

Defining Taxpayer Standing and First Amendment Compliance in Educational Settings: Altman v. Bedford Central School District

Date: Mar 28, 2001

Defining Taxpayer Standing and First Amendment Compliance in Educational Settings: Altman v. Bedford Central School District Introduction The case of Robert M. Altman and Victoria L. Altman, his...

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2d Circuit Case Commentaries

Strict Compliance with Warsaw Convention: FedEx's Limitation of Liability Affirmed in Fujitsu v. Federal Express

Strict Adherence to Appellate Deadlines Affirmed in McAllan v. City of New York

Second Circuit Upholds Lifetime Union Bans for Fiduciary Breach and Embezzlement in IBT Case

Broadening the Scope of Arbitration: Insights from Hartford Accident Indem. Co. v. Swiss Reinsurance Am. Corp.

Involuntary Pleas and Effective Counsel: Analysis of Urena v. People of New York

Probable Cause and Qualified Immunity in Seizing Police Officers: Comprehensive Analysis of Cerrone v. Brown

Affirmation of Compulsory Process Rights: NOBLE v. KELLY Establishes Willfulness Requirement for Exclusion of Alibi Testimony

Finley Decision: Second Circuit Restricts Multiple §924(c)(1) Firearm Convictions in Single Transaction

On Davis v. The Gap, Inc.: Establishing Actual Damages Through Reasonable License Fees

MERRITT v. SHUTTLE, INC.: Expanding Federal Tort Claims Act Jurisdiction Beyond Exclusive Appellate Review

Second Circuit Reinforces Brady Material Significance Under AEDPA in Boyette Case

Voluntariness of Guilty Pleas and Perjury in Affidavits: Analysis of United States v. Lancaster

Second or Successive §2255 Motions: Limitations Under AEDPA - Analysis of Jiminian v. Nash

Scope of Conspiracy Agreement in Insider Trading: McDermott v. United States

Crescent Publishing Group v. Playboy Enterprises: Guidelines for Awarding Attorneys' Fees under 17 U.S.C. §505

Defining Taxpayer Standing and First Amendment Compliance in Educational Settings: Altman v. Bedford Central School District

Broadening the Scope of Hostile Work Environment under Title VII: Insights from Gregory v. Daly

AEDPA §440(d) Upheld: Retroactive Denial of Section 212(c) Relief in Gyno Domond v. INS

Affirmation of Rule 33 New Trial in Racketeering Conspiracy: United States v. Ferguson

Affidavit Admissibility in Summary Judgment Motions: Santos v. Murdock Establishes Stricter Standards