2d Circuit Case Commentaries

Establishing Causation in Securities Fraud: Insights from Lorraine Grace v. Genser

Date: Aug 26, 2000

Establishing Causation in Securities Fraud: Insights from Lorraine Grace v. Genser Introduction The case of Lorraine Grace, Individually and as Executrix of the Estate of Oliver R. Grace, et al. v....

Second Circuit Establishes No Exhaustion Requirement for Excessive Force Claims Under PLRA

Date: Aug 25, 2000

Second Circuit Establishes No Exhaustion Requirement for Excessive Force Claims Under PLRA Introduction In Ronald Nussle v. Willette, Correction Officer, and Porter, Correction Officer, 224 F.3d 95...

Reaffirming the Burden of Proof in Employment Discrimination Claims: Analysis of Weinstock v. Columbia University

Date: Aug 24, 2000

Reaffirming the Burden of Proof in Employment Discrimination Claims: Analysis of Weinstock v. Columbia University Introduction The case of Shelley Weinstock v. Columbia University, 224 F.3d 33 (2d...

Second Circuit Limits CERCLA Cost Recovery: Gussack Realty Co. v. Xerox Corporation

Date: Aug 23, 2000

Second Circuit Limits CERCLA Cost Recovery: Gussack Realty Co. v. Xerox Corporation Introduction The case of Gussack Realty Company and General Bearing Corporation v. Xerox Corporation addressed...

Special Needs Doctrine in Parole Searches Affirmed: United States v. Grimes

Date: Aug 22, 2000

Special Needs Doctrine in Parole Searches Affirmed: United States v. Grimes Introduction In the appellate case United States of America v. Charles Grimes (225 F.3d 254), the United States Court of...

Collateral Estoppel in Excessive Force Claims: Sullivan v. Gagnier

Date: Aug 22, 2000

Collateral Estoppel in Excessive Force Claims: Sullivan v. Gagnier Introduction Eugene K. Sullivan and Thedis Beverly Sullivan v. Officer Damon C. Gagnier and Town of DeWitt, New York (225 F.3d 161,...

Revisiting the 'Open and Obvious' Doctrine: Foreseeability and Duty of Care in Michalski v. The Home Depot, Inc.

Date: Aug 22, 2000

Revisiting the 'Open and Obvious' Doctrine: Foreseeability and Duty of Care in Michalski v. The Home Depot, Inc. Introduction In Michalski v. The Home Depot, Inc., 225 F.3d 113 (2d Cir. 2000), the...

Broad Interpretation of 'Accident' and Allocation of Liability in Environmental Pollution Insurance Claims: Olin Corp. v. Insurance Company of North America

Date: Aug 18, 2000

Broad Interpretation of 'Accident' and Allocation of Liability in Environmental Pollution Insurance Claims: Olin Corp. v. Insurance Company of North America Introduction In the landmark case Olin...

Affirmation of RICO Murder Convictions and Jury Selection Procedures in United States v. Feliciano et al.

Date: Aug 17, 2000

Affirmation of RICO Murder Convictions and Jury Selection Procedures in United States v. Feliciano et al. Introduction In the case of United States of America v. Ruben Feliciano, Ronald Pagan, and...

Material Alteration and Manufacturer Liability: Insights from WHITE v. ABCO ENGINEERING CORP.

Date: Aug 16, 2000

Material Alteration and Manufacturer Liability: Insights from WHITE v. ABCO ENGINEERING CORP. Introduction The case of KENNETH E. WHITE v. ABCO ENGINEERING CORP. revolves around a tragic workplace...

Adverse Effect Interpretation under IDEA for Academically Gifted Students with Emotional-Behavioral Disabilities

Date: Aug 16, 2000

Adverse Effect Interpretation under IDEA for Academically Gifted Students with Emotional-Behavioral Disabilities Introduction The case of J.D. v. Pawlet School District et al. presents a pivotal...

Hostile Work Environment Recognized Under 42 U.S.C. § 1981: Comprehensive Analysis of Whidbee & Tranquille v. Garzarelli Food Specialties

Date: Aug 15, 2000

Hostile Work Environment Recognized Under 42 U.S.C. § 1981: Comprehensive Analysis of Whidbee & Tranquille v. Garzarelli Food Specialties 1. Introduction In Whidbee & Tranquille v. Garzarelli Food...

ERISA Attorney's Fees and Sanctions: Second Circuit Reverses Defendant's Fee Award and Adjusts Sanctions in Salovaara v. Eckert

Date: Aug 10, 2000

ERISA Attorney's Fees and Sanctions: Second Circuit Reverses Defendant's Fee Award and Adjusts Sanctions in Salovaara v. Eckert Introduction Salovaara v. Eckert, 222 F.3d 19 (2d Cir. 2000), presents...

Application of AEDPA's Section 2254(d) in NRRMDD Recommitment: Francis S. v. Stone

Date: Aug 10, 2000

Application of AEDPA's Section 2254(d) in NRRMDD Recommitment: Francis S. v. Stone Introduction The case of Francis S. v. Stone, adjudicated by the United States Court of Appeals for the Second...

Notice and Opportunity to Be Heard Required Before Sua Sponte Dismissal of AEDPA-Timed Habeas Petitions

Date: Aug 10, 2000

Notice and Opportunity to Be Heard Required Before Sua Sponte Dismissal of AEDPA-Timed Habeas Petitions Introduction The case of Victor Acosta; Miguel Rivera; Dennis Acevedo; Dana Mozell v. C. Artuz,...

BROWN v. CITY OF ONEONTA: Balancing Racial Descriptions in Police Investigations with Equal Protection and Fourth Amendment Rights

Date: Aug 9, 2000

BROWN v. CITY OF ONEONTA: Balancing Racial Descriptions in Police Investigations with Equal Protection and Fourth Amendment Rights Introduction BROWN v. CITY OF ONEONTA, 221 F.3d 329 (2d Cir. 2000),...

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2d Circuit Case Commentaries

Establishing Causation in Securities Fraud: Insights from Lorraine Grace v. Genser

Second Circuit Establishes No Exhaustion Requirement for Excessive Force Claims Under PLRA

Reaffirming the Burden of Proof in Employment Discrimination Claims: Analysis of Weinstock v. Columbia University

Second Circuit Limits CERCLA Cost Recovery: Gussack Realty Co. v. Xerox Corporation

Special Needs Doctrine in Parole Searches Affirmed: United States v. Grimes

Collateral Estoppel in Excessive Force Claims: Sullivan v. Gagnier

Revisiting the 'Open and Obvious' Doctrine: Foreseeability and Duty of Care in Michalski v. The Home Depot, Inc.

Broad Interpretation of 'Accident' and Allocation of Liability in Environmental Pollution Insurance Claims: Olin Corp. v. Insurance Company of North America

Affirmation of RICO Murder Convictions and Jury Selection Procedures in United States v. Feliciano et al.

Material Alteration and Manufacturer Liability: Insights from WHITE v. ABCO ENGINEERING CORP.

Adverse Effect Interpretation under IDEA for Academically Gifted Students with Emotional-Behavioral Disabilities

Hostile Work Environment Recognized Under 42 U.S.C. § 1981: Comprehensive Analysis of Whidbee & Tranquille v. Garzarelli Food Specialties

ERISA Attorney's Fees and Sanctions: Second Circuit Reverses Defendant's Fee Award and Adjusts Sanctions in Salovaara v. Eckert

Application of AEDPA's Section 2254(d) in NRRMDD Recommitment: Francis S. v. Stone

Notice and Opportunity to Be Heard Required Before Sua Sponte Dismissal of AEDPA-Timed Habeas Petitions

BROWN v. CITY OF ONEONTA: Balancing Racial Descriptions in Police Investigations with Equal Protection and Fourth Amendment Rights

Affirmation of Dismissal in Securities Fraud Class Action: IN RE CARTER-WALLACE, Inc. Securities Litigation

Federal Court Jurisdiction in Vacating Arbitration Awards: Greenberg v. Bear Stearns

Clarifying Sanction Standards for Attorneys: Insights from Revson v. Cinque Cinque

Revson v. Cinque Cinque P.C.: Clarifying Attorney Fee Arrangements and Contract Ambiguity