2d Circuit Case Commentaries

Domicile Determination in Diversity Jurisdiction: Palazzo v. Corio

Date: Nov 2, 2000

Domicile Determination in Diversity Jurisdiction: Palazzo v. Corio 1. Introduction The case of Thomas Palazzo, an infant under fourteen years of age, and his mother, Joyce Delmage, against Richard J....

Equitable Tolling Not Applicable When Prior Claims Do Not Assert Same Federal Statutory Right: Maurizio v. Goldsmith

Date: Nov 2, 2000

Equitable Tolling Not Applicable When Prior Claims Do Not Assert Same Federal Statutory Right: Maurizio v. Goldsmith Introduction In Cynthia Maurizio v. Olivia Goldsmith, 230 F.3d 518 (2d Cir. 2000),...

Protectable Liberty Interests under 28 C.F.R. § 541.22 and the Boundaries of Qualified Immunity

Date: Nov 2, 2000

Protectable Liberty Interests under 28 C.F.R. § 541.22 and the Boundaries of Qualified Immunity Introduction In the landmark case of Rene Tellier v. Sharon Fields et al., adjudicated by the United...

Second Circuit Establishes CMR Supremacy Over COGSA in Intermodal Shipment Claims

Date: Oct 28, 2000

Second Circuit Establishes CMR Supremacy Over COGSA in Intermodal Shipment Claims Introduction The case of Hartford Fire Insurance Co., a/s/o Trek Bicycle Corp. v. Orient Overseas Containers Lines...

Deference to Administrative Determinations in IDEA Tuition Reimbursement: Second Circuit Upholds Denial in M.S. v. Yonkers Board of Education

Date: Oct 27, 2000

Deference to Administrative Determinations in IDEA Tuition Reimbursement: Second Circuit Upholds Denial in M.S., v. Board of Education of the City School District of the City of Yonkers Introduction...

Enforcing Regulatory Compliance in Bankruptcy: SEC v. Brennan and the Limits of the Automatic Stay

Date: Oct 27, 2000

Enforcing Regulatory Compliance in Bankruptcy: SEC v. Brennan and the Limits of the Automatic Stay Introduction The case of SEC v. Robert E. Brennan, 230 F.3d 65 (2d Cir. 2000), established...

Defining 'Meaningful Access' and 'Reasonable Accommodations' under the ADA and Rehabilitation Act: Insights from WRIGHT et al. v. Giuliani

Date: Oct 26, 2000

Defining 'Meaningful Access' and 'Reasonable Accommodations' under the ADA and Rehabilitation Act: Insights from WRIGHT et al. v. Giuliani Introduction The case of WRIGHT, Simon Vargas, Tara Dixon,...

Kornstein v. Kittay: Resolving Conflicts of Interest through Escrow in Bankruptcy Representation

Date: Oct 21, 2000

Kornstein v. Kittay: Resolving Conflicts of Interest through Escrow in Bankruptcy Representation Introduction David R. KITTAY, Trustee, Plaintiff-Appellant, filed a Chapter 7 bankruptcy proceeding...

Equitable Enforcement of Disciplinary Policies Under Title VII: Insights from Graham v. Long Island Rail Road

Date: Oct 20, 2000

Equitable Enforcement of Disciplinary Policies Under Title VII: Insights from Graham v. Long Island Rail Road Introduction Christopher Graham v. Long Island Rail Road, 230 F.3d 34 (2d Cir. 2000),...

Expectation of Privacy in Voluntarily Opened Residences: United States v. Gori

Date: Oct 19, 2000

Expectation of Privacy in Voluntarily Opened Residences: United States v. Gori Introduction United States v. Gori is a pivotal case adjudicated by the United States Court of Appeals for the Second...

Sims v. Artuz: Reinforcing Eighth Amendment Protections and Due Process in Corrections

Date: Oct 12, 2000

Sims v. Artuz: Reinforcing Eighth Amendment Protections and Due Process in Corrections Introduction Robert Sims, the plaintiff-appellant, formerly incarcerated at New York State's Green Haven...

Affirmation of Non-Jurisdictional Employee Threshold under Title VII: Celia DA SILVA v. Kinsho International Corporation

Date: Oct 6, 2000

Affirmation of Non-Jurisdictional Employee Threshold under Title VII: Celia DA SILVA v. Kinsho International Corporation Introduction The case Celia DA SILVA v. Kinsho International Corporation and...

Exclusion of Prior Arrests in Defense: Comprehensive Analysis of Jones v. Stinson

Date: Oct 6, 2000

Exclusion of Prior Arrests in Defense: Comprehensive Analysis of Jones v. Stinson Introduction Case: Charles JONES, Petitioner-Appellee, v. James STINSON, Superintendent Great Meadow Correctional...

Miner v. Town of Cheshire: Implications for Statute of Limitations and Governmental Immunity in Sexual Harassment Cases

Date: Sep 30, 2000

Miner v. Town of Cheshire: Implications for Statute of Limitations and Governmental Immunity in Sexual Harassment Cases Introduction Miner v. Town of Cheshire, et al. (126 F. Supp. 2d 184) is a...

Second Circuit Establishes Standards for Correcting Diversity Jurisdiction Pleadings in Default Judgments

Date: Sep 28, 2000

Second Circuit Establishes Standards for Correcting Diversity Jurisdiction Pleadings in Default Judgments Introduction The case of Joseph J. Jacobs, Trustee of the Jacobs Family Trust v. Patent...

Application of Rule of Lenity and Fair Notice in Federal Habeas Proceedings: Lurie v. Wittner

Date: Sep 27, 2000

Application of Rule of Lenity and Fair Notice in Federal Habeas Proceedings: Lurie v. Wittner Introduction Brett K. Lurie, the sponsor and manager of five cooperative apartment buildings in Queens...

Second Circuit Limits Younger Abstention: Allowing §1983 Claims in Professional Licensing Contexts

Date: Sep 27, 2000

Second Circuit Limits Younger Abstention: Allowing §1983 Claims in Professional Licensing Contexts Introduction In the case of Howard J. Kirschner, D.D.S. v. Ira Klemons, D.D.S., Jay Goldman, D.D.S.,...

Inherent Powers of the Court: Clarifying Sanction Authority Without Necessitating Bad Faith

Date: Sep 26, 2000

Inherent Powers of the Court: Clarifying Sanction Authority Without Necessitating Bad Faith Introduction In the case of United States of America v. Marion Seltzer, Esq., the United States Court of...

Standing and Intervention in Class Action Litigation: Insights from In Re Holocaust Victim Assets Litigation

Date: Sep 22, 2000

Standing and Intervention in Class Action Litigation: Insights from In Re Holocaust Victim Assets Litigation Introduction In Re: Holocaust Victim Assets Litigation is a seminal case adjudicated by...

Conversion from Chapter 11 to Chapter 7 Does Not Trigger a New Objections Period for Debtor's Exemptions

Date: Sep 21, 2000

Conversion from Chapter 11 to Chapter 7 Does Not Trigger a New Objections Period for Debtor's Exemptions Introduction The case of WAYNE E. BELL, JR., Debtor, Appellant v. DEBORAH BELL, Appellee, 225...

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