2d Circuit Case Commentaries

Expanding Federal Habeas Corpus Review: Rule 15(c) and Procedural Bar Exceptions in Fama v. Commissioner of Correctional Services

Date: Dec 22, 2000

Expanding Federal Habeas Corpus Review: Rule 15(c) and Procedural Bar Exceptions in Fama v. Commissioner of Correctional Services Introduction Fama v. Commissioner of Correctional Services (235 F.3d...

Constructive Discharge: Accrual of Claims upon Employee’s Notice of Resignation – Mary Flaherty v. Metromail Corp.

Date: Dec 20, 2000

Constructive Discharge: Accrual of Claims upon Employee’s Notice of Resignation – Mary Flaherty v. Metromail Corp. Introduction In Mary Flaherty v. Metromail Corporation, 235 F.3d 133 (2d Cir. 2000),...

Enhancing Rule 11 Enforcement: Insights from GURARY v. WINEHOUSE and Nu-Tech Bio-Med, Inc.

Date: Dec 20, 2000

Enhancing Rule 11 Enforcement: Insights from GURARY v. WINEHOUSE and Nu-Tech Bio-Med, Inc. Introduction The case of Mordechai GURARY v. Isaac WINEHOUSE and Isaac Winehouse, doing business as Wall...

Non-Retroactive Application of Regulatory Obligations: Sheahan v. Sweet

Date: Dec 14, 2000

Non-Retroactive Application of Regulatory Obligations: Sheahan v. Sweet Introduction In Sheahan v. Sweet, the United States Court of Appeals for the Second Circuit addressed a pivotal issue...

Armienti v. United States: Establishing the Necessity of Evidentiary Hearings in Conflict of Interest Claims

Date: Dec 13, 2000

Armienti v. United States: Establishing the Necessity of Evidentiary Hearings in Conflict of Interest Claims Introduction Armienti v. United States, 234 F.3d 820 (2d Cir. 2000), is a seminal case...

Application of the Chapadeau Standard in Corporate Defamation: Konikoff v. Prudential Insurance Co.

Date: Dec 8, 2000

Application of the Chapadeau Standard in Corporate Defamation: Konikoff v. Prudential Insurance Co. 1. Introduction The legal landscape of defamation law was further clarified in the case of Paula A....

Waiver of Administrative Exhaustion in Title VII Claims: Insights from Francis v. City of New York

Date: Dec 7, 2000

Waiver of Administrative Exhaustion in Title VII Claims: Insights from Francis v. City of New York Introduction The case of H. George Francis v. City of New York and Human Resources Administration,...

Due Process and the Use of Restraints in Judicial Proceedings: Insights from DeLeon v. Strack

Date: Dec 7, 2000

Due Process and the Use of Restraints in Judicial Proceedings: Insights from DeLeon v. Strack Introduction Willie DeLEON, Petitioner-Appellant, appealed against the decision of Wayne L. Strack,...

Affirmation of State Action and Due Process in Child Custody: Kia P. v. McIntyre

Date: Dec 6, 2000

Affirmation of State Action and Due Process in Child Custody: Kia P. v. McIntyre Introduction Kia P. v. Dually et al. is a pivotal case decided by the United States Court of Appeals for the Second...

Fisher and Reeves Standards Affirmed: Denial of Age Discrimination Claim in Dennis James v. NY Racing Association

Date: Nov 30, 2000

Fisher and Reeves Standards Affirmed: Denial of Age Discrimination Claim in Dennis James v. NY Racing Association Introduction The case of Dennis James v. New York Racing Association (NYRA) examines...

Ambiguity in Termination Provisions: Analysis of Compagnie Financiere de CIC et de l'Union Européenne v. Merrill Lynch, Pierce, Fenner Smith Inc.

Date: Nov 18, 2000

Ambiguity in Termination Provisions: Analysis of Compagnie Financiere de CIC et de l'Union Européenne v. Merrill Lynch, Pierce, Fenner Smith Inc. Introduction The case of Compagnie Financiere de CIC...

Mask v. McGinnis: Affirming 'Reasonable Probability' in Ineffective Assistance of Counsel Claims

Date: Nov 16, 2000

Mask v. McGinnis: Affirming 'Reasonable Probability' in Ineffective Assistance of Counsel Claims Introduction Mask v. McGinnis, 233 F.3d 132 (2d Cir. 2000), is a pivotal case in the realm of criminal...

Enhanced Corroboration Standards in Asylum and Withholding of Deportation: Diallo v. INS

Date: Nov 14, 2000

Enhanced Corroboration Standards in Asylum and Withholding of Deportation: Diallo v. INS Introduction Moussa Diallo v. Immigration Naturalization Service (INS), 232 F.3d 279 (2d Cir. 2000), is a...

Selective Enforcement and Retaliation in Law Enforcement: Insights from Diesel v. Town of Lewisboro

Date: Nov 10, 2000

Selective Enforcement and Retaliation in Law Enforcement: Insights from Diesel v. Town of Lewisboro Introduction The case of Lynne Diesel v. Town of Lewisboro (232 F.3d 92, Second Circuit, 2000)...

Fiduciary Duty in Contingent Fee Distribution Upon Law Firm Dissolution: Insights from Santalucia v. Sebright Transportation

Date: Nov 10, 2000

Fiduciary Duty in Contingent Fee Distribution Upon Law Firm Dissolution: Insights from Santalucia v. Sebright Transportation, Inc. Introduction The case of Frank G. Santalucia, as Parent and Legal...

Unconstitutional Residency Requirement for Petition Witnesses under First Amendment: Lerman v. Board of Elections

Date: Nov 10, 2000

Unconstitutional Residency Requirement for Petition Witnesses under First Amendment: Lerman v. Board of Elections Introduction The case of Anita Lerman and Angelo D'Angelo v. Board of Elections in...

Schnabel v. Abramson: Second Circuit Reaffirms Non-State-Actor Status of Legal Aid Society and Upholds Summary Judgment on ADEA Claims Post-Reeves

Date: Nov 9, 2000

Schnabel v. Abramson: Second Circuit Reaffirms Non-State-Actor Status of Legal Aid Society and Upholds Summary Judgment on ADEA Claims Post-Reeves Introduction The case of Philip H. Schnabel v. Gary...

Previous Next

2d Circuit Case Commentaries

Expanding Federal Habeas Corpus Review: Rule 15(c) and Procedural Bar Exceptions in Fama v. Commissioner of Correctional Services

Constructive Discharge: Accrual of Claims upon Employee’s Notice of Resignation – Mary Flaherty v. Metromail Corp.

Enhancing Rule 11 Enforcement: Insights from GURARY v. WINEHOUSE and Nu-Tech Bio-Med, Inc.

Non-Retroactive Application of Regulatory Obligations: Sheahan v. Sweet

Armienti v. United States: Establishing the Necessity of Evidentiary Hearings in Conflict of Interest Claims

Application of the Chapadeau Standard in Corporate Defamation: Konikoff v. Prudential Insurance Co.

Waiver of Administrative Exhaustion in Title VII Claims: Insights from Francis v. City of New York

Due Process and the Use of Restraints in Judicial Proceedings: Insights from DeLeon v. Strack

Affirmation of State Action and Due Process in Child Custody: Kia P. v. McIntyre

Fisher and Reeves Standards Affirmed: Denial of Age Discrimination Claim in Dennis James v. NY Racing Association

Ambiguity in Termination Provisions: Analysis of Compagnie Financiere de CIC et de l'Union Européenne v. Merrill Lynch, Pierce, Fenner Smith Inc.

Mask v. McGinnis: Affirming 'Reasonable Probability' in Ineffective Assistance of Counsel Claims

Enhanced Corroboration Standards in Asylum and Withholding of Deportation: Diallo v. INS

Selective Enforcement and Retaliation in Law Enforcement: Insights from Diesel v. Town of Lewisboro

Fiduciary Duty in Contingent Fee Distribution Upon Law Firm Dissolution: Insights from Santalucia v. Sebright Transportation

Unconstitutional Residency Requirement for Petition Witnesses under First Amendment: Lerman v. Board of Elections

Schnabel v. Abramson: Second Circuit Reaffirms Non-State-Actor Status of Legal Aid Society and Upholds Summary Judgment on ADEA Claims Post-Reeves

Equitable Tolling in Immigration Proceedings: Stanisla v. Iavorski Analysis

Establishing Correct Jury Instruction Standards in Title VII Retaliation Claims: Gordon v. NYC Board of Education

Conopco, Inc. v. Roll International: Affirmation of State Procedural Bar on Cross-Complaint Claims in Federal Court