2d Circuit Case Commentaries

Enhancing Procedural Due Process in Prison Administrative Segregation: Insights from Taylor v. Rodriguez

Date: Jan 19, 2001

Enhancing Procedural Due Process in Prison Administrative Segregation: Insights from Taylor v. Rodriguez Introduction The landmark case of Derrick Taylor v. A. Rodriguez et al. (238 F.3d 188)...

Clarifying Abuse of Trust in Fiduciary Fraud: United States v. Gerald Hirsch

Date: Jan 18, 2001

Clarifying Abuse of Trust in Fiduciary Fraud: United States v. Gerald Hirsch Introduction In the landmark case of United States of America v. Gerald Hirsch, 239 F.3d 221 (2d Cir. 2001), the United...

Affirmation of §202(a) Discrimination Claim and Burden-Shifting in NCA v. AT&T

Date: Jan 13, 2001

Affirmation of §202(a) Discrimination Claim and Burden-Shifting in NCA v. AT&T Introduction The case of National Communications Association, Inc. (NCA) v. AT&T Corp. centers on allegations of...

Clarifying Libel Standards for Public Figures: Analysis of Church of Scientology International v. Time Warner

Date: Jan 13, 2001

Clarifying Libel Standards for Public Figures: Analysis of Church of Scientology International v. Time Warner Introduction The case of Church of Scientology International v. Time Warner, Inc.,...

Second Circuit Clarifies Burden of Proof for Hybrid §301/Duty of Fair Representation Claims in Labor Agreements

Date: Jan 11, 2001

Second Circuit Clarifies Burden of Proof for Hybrid §301/Duty of Fair Representation Claims in Labor Agreements Introduction In the landmark case of Stanley WHITE, Ulysses Brown, and Donald W....

Deference to Foreign Hague Judgments Established: Diorinou v. Mezitis

Date: Jan 10, 2001

Deference to Foreign Hague Judgments Established: Diorinou v. Mezitis Introduction Diorinou v. Mezitis, 237 F.3d 133 (2d Cir. 2001), addresses a pivotal issue in international family law: the extent...

Qualified Immunity for Supervisory Police Officers: Analysis of Ford v. Moore & Mitchell

Date: Jan 9, 2001

Qualified Immunity for Supervisory Police Officers: Analysis of Ford v. Moore & Mitchell Introduction Ford v. Moore & Mitchell is a pivotal case adjudicated by the United States Court of Appeals for...

Preemption of State Law Claims in Bankruptcy: Analysis of Huminski v. Factory Point National Bank

Date: Jan 5, 2001

Preemption of State Law Claims in Bankruptcy: Analysis of Huminski v. Factory Point National Bank Introduction The case of Eastern Equipment and Services Corporation, Scott Huminski, as owner of the...

Lindstadt v. Keane: Reinforcing the Strickland Standard through Cumulative Defense Counsel Errors

Date: Jan 5, 2001

Lindstadt v. Keane: Reinforcing the Strickland Standard through Cumulative Defense Counsel Errors Introduction George Lindstadt, the petitioner-appellant, faced a conviction in the New York Supreme...

Second Circuit Affirms Standards for Class Action Settlement Approval and Denial of Timely Intervention

Date: Jan 5, 2001

Second Circuit Affirms Standards for Class Action Settlement Approval and Denial of Timely Intervention Introduction In the landmark case of Alfonse M. D'AMATO et al. v. Deutsche Bank et al., the...

Extending Absolute Prosecutorial Immunity to Appellate Advocacy: Analysis of Parkinson v. Cozzolino

Date: Jan 5, 2001

Extending Absolute Prosecutorial Immunity to Appellate Advocacy: Analysis of Parkinson v. Cozzolino Introduction Donald Parkinson v. Beth Cozzolino, Columbia County District Attorney and Catherine...

Protecting Pro Se Litigants: Enhanced Standards for Rule 41(b) Dismissals in Federal Courts

Date: Jan 5, 2001

Protecting Pro Se Litigants: Enhanced Standards for Rule 41(b) Dismissals in Federal Courts Introduction The case of Barry LeSANE v. Hall's Security Analyst, Inc. stands as a pivotal decision in...

BLONDIN v. DUBOIS: Second Circuit Affirms 'Grave Risk' Exception in Hague Convention Child Abduction Case

Date: Jan 5, 2001

BLONDIN v. DUBOIS: Second Circuit Affirms 'Grave Risk' Exception in Hague Convention Child Abduction Case Introduction The case of Felix Blondin v. Marthe Dubois (238 F.3d 153), adjudicated by the...

Defining AEDPA Timing and Upholding Limited Courtroom Closures under Waller Standards in Williams v. Artuz

Date: Jan 4, 2001

Defining AEDPA Timing and Upholding Limited Courtroom Closures under Waller Standards in Williams v. Artuz Introduction James Williams, the petitioner-appellant, appealed his conviction in the case...

Muniz v. United States: Defining First vs. Second § 2255 Petitions under AEDPA

Date: Jan 3, 2001

Muniz v. United States: Defining First vs. Second § 2255 Petitions under AEDPA Introduction In Muniz v. United States, 236 F.3d 122 (2d Cir. 2001), the United States Court of Appeals for the Second...

Fee-Shifting Provisions and the Impact of Broad Releases: Insights from Krumme v. WestPoint Stevens

Date: Dec 29, 2000

Fee-Shifting Provisions and the Impact of Broad Releases: Insights from Krumme v. WestPoint Stevens Introduction KRUMME v. WESTPOINT STEVENS INC. is a pivotal case adjudicated by the United States...

Imperfect Entrapment as a Basis for Downward Sentencing Departures: United States v. Kantilal Patel

Date: Dec 29, 2000

Imperfect Entrapment as a Basis for Downward Sentencing Departures: United States v. Kantilal Patel Introduction United States of America v. Kantilal Patel, 236 F.3d 87 (2d Cir. 2000), is a...

Yale's Mandatory Housing Policy and Religious Accommodation: Second Circuit Affirms Dismissal of Claims

Date: Dec 29, 2000

Yale's Mandatory Housing Policy and Religious Accommodation: Second Circuit Affirms Dismissal of Claims Introduction In Elisha D. Hack, Jeremy A. Hershman, Batsheva Greer, and Lisa B. Friedman v....

Res Judicata and Ancillary Jurisdiction: Insights from Bank of India v. Trendi Sportswear, Inc.

Date: Dec 28, 2000

Res Judicata and Ancillary Jurisdiction: Insights from Bank of India v. Trendi Sportswear, Inc. Introduction The case of Bank of India v. Trendi Sportswear, Inc. presents a complex interplay of...

Enhanced Control Over Employment Classification Under Title VII and NYHRL

Date: Dec 27, 2000

Enhanced Control Over Employment Classification Under Title VII and NYHRL Introduction In the landmark case of Julianne Eisenberg v. Advance Relocation Storage, Inc., the United States Court of...

Previous Next