2d Circuit Case Commentaries

Rule 804(b)(6) and Predicate Act Sufficiency in RICO Cases: A Comprehensive Review of United States v. Dhinsa

Date: Mar 22, 2001

Rule 804(b)(6) and Predicate Act Sufficiency in RICO Cases: A Comprehensive Review of United States v. Dhinsa Introduction United States v. Gurmeet Singh Dhinsa is a landmark case decided by the...

Second Circuit Upholds Exhaustion and 'Cause and Prejudice' Standards for §2241 Habeas Corpus Petitions by Federal Prisoners

Date: Mar 21, 2001

Second Circuit Upholds Exhaustion and 'Cause and Prejudice' Standards for §2241 Habeas Corpus Petitions by Federal Prisoners Introduction In the case of Carlos Pelaez-Edison Carmona v. United States...

Application of Forum State Choice of Law in Bankruptcy Court: In re Gaston Snow

Date: Mar 20, 2001

Application of Forum State Choice of Law in Bankruptcy Court: In re Gaston Snow Introduction The case In re Gaston Snow, Debtor, Alfred J. Bianco, As Plan Administrator to the Estate of Gaston Snow,...

Employment Discrimination in Law Enforcement: Raniola v. NYPD Establishes Enhanced Protections Against Hostile Work Environments and Retaliation

Date: Mar 20, 2001

Employment Discrimination in Law Enforcement: Raniola v. NYPD Establishes Enhanced Protections Against Hostile Work Environments and Retaliation Introduction The case of Patricia A. Raniola v. NYPD...

Duplicitous Indictments and Sentencing: Insights from United States v. Sturdivant

Date: Mar 20, 2001

Duplicitous Indictments and Sentencing: Insights from United States v. Sturdivant Introduction United States of America v. Elbert L. Sturdivant is a seminal case decided by the United States Court of...

Application of RICO to Municipal Enterprises and Extortion: Comprehensive Commentary on DeFalco v. Defendants

Date: Mar 17, 2001

Application of RICO to Municipal Enterprises and Extortion: Comprehensive Commentary on DeFalco v. Defendants Introduction The case of Joseph De FALCO et al. v. John BERNAS et al. (244 F.3d 286)...

Byrnie v. Town of Cromwell: Spoliation Bolsters Disparate Treatment Claims under ADEA and Title VII

Date: Mar 16, 2001

Byrnie v. Town of Cromwell: Spoliation Bolsters Disparate Treatment Claims under ADEA and Title VII Introduction In Byrnie v. Town of Cromwell Public Schools, 243 F.3d 93 (2d Cir. 2001), the United...

VKK Corp. v. National Football League: Establishing Boundaries on Antitrust Releases and Party Amendments

Date: Mar 15, 2001

VKK Corp. v. National Football League: Establishing Boundaries on Antitrust Releases and Party Amendments Introduction Case: VKK Corporation, VKK Patriots, Inc. and Victor K. Kiam, II v. National...

Second Circuit Reinforces Strict Standards for Withdrawing Guilty Pleas Amid Claims of Ineffective Counsel

Date: Mar 9, 2001

Second Circuit Reinforces Strict Standards for Withdrawing Guilty Pleas Amid Claims of Ineffective Counsel Introduction The case of United States of America v. Danilo Hernandez (242 F.3d 110)...

Affirmation of Ancillary Enforcement Jurisdiction over Fraudulent Conveyance Claims Post-PEACOCK v. THOMAS

Date: Mar 8, 2001

Affirmation of Ancillary Enforcement Jurisdiction over Fraudulent Conveyance Claims Post-PEACOCK v. THOMAS Introduction The appellate case of Dirk EPPERSON and Betty Schneider v. ENTERTAINMENT...

Legal Commentary on United States v. Luiz Ben Zvi: Establishing Precedents in Conspiracy and Statute of Limitations

Date: Mar 7, 2001

United States v. Luiz Ben Zvi: Establishing Precedents in Conspiracy and Statute of Limitations Introduction The case of United States of America v. Luiz Ben Zvi, adjudicated by the United States...

Expanding Retaliation Protections under Title VII and New York Human Rights Law: McMenemy v. City of Rochester

Date: Mar 3, 2001

Expanding Retaliation Protections under Title VII and New York Human Rights Law: McMenemy v. City of Rochester Introduction McMenemy v. City of Rochester is a pivotal case decided by the United...

Fiduciary Duty in Corporate Pension Transfers: Insights from Flanigan v. General Electric Co.

Date: Mar 3, 2001

Fiduciary Duty in Corporate Pension Transfers: Insights from Flanigan v. General Electric Co. Introduction The case of Flanigan et al. v. General Electric Co. et al. (242 F.3d 78) addresses critical...

Understanding FHSA Preemption in Product Labeling: The Milanese v. Rust-Oleum Decision

Date: Mar 2, 2001

Understanding FHSA Preemption in Product Labeling: The Milanese v. Rust-Oleum Decision Introduction The case of Milanese v. Rust-Oleum Corporation, reported at 244 F.3d 104, is a pivotal judicial...

Limits of the Federal Trademark Dilution Act for Descriptive Marks: Insights from TCPIP Holding Co. v. Haar Communications Inc.

Date: Mar 1, 2001

Limits of the Federal Trademark Dilution Act for Descriptive Marks: Insights from TCPIP Holding Co. v. Haar Communications Inc. Introduction The case of TCPIP Holding Company, Inc. v. Haar...

Whitfield v. Scully: Upholding 40% Cost Recoupment Cap for Prisoners under In Forma Pauperis Statute

Date: Feb 28, 2001

Whitfield v. Scully: Upholding 40% Cost Recoupment Cap for Prisoners under In Forma Pauperis Statute Introduction Whitfield v. Scully is a seminal case decided by the United States Court of Appeals...

Conboy v. AT&T Corp.: Affirming Restrictions on Private Remedies under the Telecommunications Act

Date: Feb 27, 2001

Conboy v. AT&T Corp.: Affirming Restrictions on Private Remedies under the Telecommunications Act Introduction Conboy v. AT&T Corp., 241 F.3d 242, is a pivotal case heard by the United States Court...

Coca-Cola Bottling Co. v. Soft Drink Workers Union: Arbitration Under Section 301 of the Taft-Hartley Act Affirmed

Date: Feb 27, 2001

Coca-Cola Bottling Co. v. Soft Drink Workers Union: Arbitration Under Section 301 of the Taft-Hartley Act Affirmed Introduction The case of The Coca-Cola Bottling Company of New York, Inc.,...

Lanham Act Enforcement: Second Circuit Upholds Injunction Against Clorox's Misleading Advertisements in S.C. Johnson v. Clorox

Date: Feb 24, 2001

Lanham Act Enforcement: Second Circuit Upholds Injunction Against Clorox's Misleading Advertisements in S.C. Johnson v. Clorox Introduction The case of S.C. Johnson Son, Inc. v. The Clorox Company,...

Inherent Judicial Authority to Grant Bail in Immigration Habeas Proceedings: Colin Mapp Decision

Date: Feb 24, 2001

Inherent Judicial Authority to Grant Bail in Immigration Habeas Proceedings: Colin Mapp Decision Introduction The case of Colin Mapp v. Janet Reno addressed a pivotal issue in U.S. immigration law:...

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