2d Circuit Case Commentaries

Assessing Conflicts of Interest in Legal Representation: Insights from United States v. Perez

Date: Apr 5, 2003

Assessing Conflicts of Interest in Legal Representation: Insights from United States v. Perez Introduction In United States of America v. Guillermo Aliro Perez, 325 F.3d 115 (2d Cir. 2003), the...

Res Judicata and Claim Preclusion in Federal Court: AmBase Corp. v. City Investing Co. Liquidating Trust

Date: Apr 4, 2003

Res Judicata and Claim Preclusion in Federal Court: AmBase Corp. v. City Investing Co. Liquidating Trust 1. Introduction The case of AmBase Corporation v. City Investing Company Liquidating Trust...

Affirmation of Single Publication Rule for Internet Content and Defamation Threshold in Van Buskirk v. New York Times Co.

Date: Apr 3, 2003

Affirmation of Single Publication Rule for Internet Content and Defamation Threshold in Van Buskirk v. The New York Times Co. Introduction The case of Robert Van Buskirk v. The New York Times Co.,...

Causal Link Requirement Strengthened in ADA Workplace Accommodation: Felix v. NYCTA

Date: Apr 1, 2003

Causal Link Requirement Strengthened in ADA Workplace Accommodation: Felix v. NYCTA Introduction Denise Felix, represented by Naomi Felix and Irene Cooper as administrators of her estate, brought a...

Enhanced Due Process Standards for Reopening SSI Applications: Insights from Byam v. Barnhart

Date: Apr 1, 2003

Enhanced Due Process Standards for Reopening SSI Applications: Insights from Byam v. Barnhart Introduction In Jean D. Byam v. Jo Anne Barnhart, Commissioner, Social Security Administration, the...

Second Circuit Explores Exhaustion Requirements and the 'Total Exhaustion' Debate under the Prison Litigation Reform Act in Ortiz v. McBride

Date: Mar 22, 2003

Second Circuit Explores Exhaustion Requirements and the 'Total Exhaustion' Debate under the Prison Litigation Reform Act in Ortiz v. McBride Introduction Jose Ortiz v. D. McBride, Sgt. R.O. Mara,...

Assessing Mental Capacity of Pro Se Litigants: Insights from Ferrelli v. River Manor Health Care Center

Date: Mar 22, 2003

Assessing Mental Capacity of Pro Se Litigants: Insights from Ferrelli v. River Manor Health Care Center Introduction The case Isabella Ferrelli v. River Manor Health Care Center (323 F.3d 196) serves...

Harhay v. Town of Ellington: Defining Boundaries of Legislative and Qualified Immunity in Employment Reappointment

Date: Mar 22, 2003

Harhay v. Town of Ellington: Defining Boundaries of Legislative and Qualified Immunity in Employment Reappointment Introduction The case of Anne E. Harhay v. Town of Ellington Board of Education...

Establishing Subjective Bad Faith Standard for Sua Sponte Rule 11 Sanctions: Insights from In re PENNIE EDMONDS LLP

Date: Mar 15, 2003

Establishing Subjective Bad Faith Standard for Sua Sponte Rule 11 Sanctions: Insights from In re PENNIE EDMONDS LLP Introduction The case of In re PENNIE EDMONDS LLP (323 F.3d 86) adjudicated by the...

Reaffirming the Necessity of Supported Assertions in Summary Judgment: Giannullo v. City of New York

Date: Mar 11, 2003

Reaffirming the Necessity of Supported Assertions in Summary Judgment: Giannullo v. City of New York Introduction The case of Mark Giannullo v. City of New York, decided by the United States Court of...

Arbitrability of Contractual Claims Under ICC Rules: Shaw Group Inc. v. Triplefine Int'l Corp. Establishes Key Precedent

Date: Mar 5, 2003

Arbitrability of Contractual Claims Under ICC Rules: Shaw Group Inc. v. Triplefine Int'l Corp. Establishes Key Precedent Introduction Shaw Group Inc., Stone Webster, Inc., and Stone Webster Asia,...

Intentional Tortious Interference with Prospective Business Relations: Scutti Enterprises v. Park Place Entertainment

Date: Mar 1, 2003

Intentional Tortious Interference with Prospective Business Relations: Scutti Enterprises v. Park Place Entertainment Introduction The case of Scutti Enterprises, LLC v. Park Place Entertainment...

Second Circuit Affirms EPA’s Discretion Under CAA Title V for NOD Issuance but Mandates Objections to Non-Compliant Draft Permits

Date: Feb 28, 2003

Second Circuit Affirms EPA’s Discretion Under CAA Title V for NOD Issuance but Mandates Objections to Non-Compliant Draft Permits Introduction In the landmark case of New York Public Interest...

Concurrent Supervised Release Terms: Affirmation of Separate Obligations in Gammarano v. United States

Date: Feb 27, 2003

Concurrent Supervised Release Terms: Affirmation of Separate Obligations in Gammarano v. United States Introduction Gammarano v. United States, 321 F.3d 311 (2d Cir. 2003), is a pivotal appellate...

Clarity in Grounds for Denial Under AEDPA: Miranda v. Bennett

Date: Feb 27, 2003

Clarity in Grounds for Denial Under AEDPA: Miranda v. Bennett Introduction Miguel Miranda v. Floyd Bennett is a pivotal case decided by the United States Court of Appeals for the Second Circuit on...

Cook v. New York State Board of Parole: Clarifying Habeas Corpus Jurisdiction and Statute of Limitations for State Prisoners

Date: Feb 26, 2003

Cook v. New York State Board of Parole: Clarifying Habeas Corpus Jurisdiction and Statute of Limitations for State Prisoners 1. Introduction In the landmark case of Alonzo Cook v. New York State...

Forfeiture of Punitive Damages Defense in Bifurcated Claims and Limitations of Automatic Bankruptcy Stay in Co-defendant Cases: Queenie, Ltd. v. Nygard International

Date: Feb 26, 2003

Forfeiture of Punitive Damages Defense in Bifurcated Claims and Limitations of Automatic Bankruptcy Stay in Co-defendant Cases: Queenie, Ltd. v. Nygard International Introduction The case of Queenie,...

Meaningful Attorney Involvement Required for Debt Collection Communications under FDCPA

Date: Feb 26, 2003

Meaningful Attorney Involvement Required for Debt Collection Communications under FDCPA Introduction Arthur Miller v. Wolpoff Abramson, L.L.P., Upton, Cohen Slamowitz, and National Attorney Network,...

Arbitration Agreement Enforceability and Signature Authenticity: Opals on Ice Lingerie v. Body Lines Inc.

Date: Feb 25, 2003

Arbitration Agreement Enforceability and Signature Authenticity: Opals on Ice Lingerie v. Body Lines Inc. Introduction The case of Opals on Ice Lingerie, Designs by Bernadette, Inc. v. Body Lines...

Affirmation of In Pari Delicto Defense in Fiduciary Duty Claims: Official Committee v. Coopers Lybrand

Date: Feb 21, 2003

Affirmation of In Pari Delicto Defense in Fiduciary Duty Claims: Official Committee v. Coopers Lybrand Introduction In the landmark case of Official Committee of the Unsecured Creditors of Color...