Affirmation of Lack of Diversity Jurisdiction in Universal Licensing Corp. v. Paola Del Lungo Introduction The case of Universal Licensing Corp. v. Paola Del Lungo S.P.A. presents a critical...
Second Circuit Affirms Retroactive Indemnity Claims Against Plan Administrators for ERISA Noncompliance Introduction In the landmark case of Esther Smith, Individually and On Behalf of All Others...
Insufficient Evidence of Discriminatory Motive in Employment Demotion: Grillo v. NYCTA Introduction Grillo v. New York City Transit Authority, 291 F.3d 231 (2d Cir. 2002), is a significant appellate...
Enhanced Standards for Admitting Prior Convictions and Interpreting Codes in Drug-Related Cases: United States v. Garcia Introduction United States of America v. Carlos Garcia (291 F.3d 127) is a...
Title VII's Applicability to Dual-Status Military-Civilian Employees Affirmed in Luckett v. Bure Introduction In Luckett v. Bure, the United States Court of Appeals for the Second Circuit addressed...
Lifting of Automatic Stay in Bankruptcy: Insights from Bogdanovich v. Schneiderman et al. Introduction The federal appellate case In re Peter Bogdanovich Louise Hoogstraten Bogdanovich, Debtors, 292...
Defendant’s Right to Presence in Jury Pre-Screening and Waiver – Cohen v. Senkowski Introduction Gary F. Cohen, a pediatrician, was convicted of multiple felony sexual abuse charges in Suffolk...
Affirmation of 'Stay Put' Provision under IDEA: Board of Education v. Ste Introduction In Board of Education of the Pawling Central School District v. Ste, 290 F.3d 476 (2002), the United States...
Summary Judgment in Al v. Fulton Jr.: Establishing Limits on § 1983 Claims Post-Conviction Introduction Alvin Fulton Jr. ("Fulton"), acting pro se, appealed the dismissal of his claims against Laurie...
Federal Jurisdiction and Rule 11 Sanctions in Arbitration Awards: Insights from Perpetual Securities, Inc. v. Tang & Chen Introduction The case Perpetual Securities, Inc. v. Julie Tang and Hua Yu...
Establishing Limits of FDCPA: Kropelnicki v. Siegel and Strumpf Introduction In the appellate case Laura Kropelnicki v. Hal Siegel and Linda Strumpf, decided on May 8, 2002, the United States Court...
Determining Copyright Authorship and Originality in Software: Medforms v. Healthcare Management Solutions Introduction The case of Medforms, Inc. v. Healthcare Management Solutions, Inc. revolves...
Equitable Tolling and Proper Defendant Standing in ERISA Disability Claims: Chapman v. ChoiceCare Introduction Cheryl Chapman v. ChoiceCare Long Island Term Disability Plan is a pivotal case...
Exhaustion of Administrative Remedies Under the IDEA: Insights from Polera v. Board of Education Introduction Polera v. Board of Education of the Newburgh Enlarged City School District is a landmark...
Rooker-Feldman Doctrine Reinforced in Phifer v. City of New York Introduction Phifer v. City of New York, 289 F.3d 49 (2d Cir. 2002), marks a significant application of the Rooker-Feldman doctrine...
District Courts Cannot Deny Summary Judgment for Lack of Record Citations Without Prior Notice Introduction In the landmark case of Amnesty America v. Town of West Hartford, 288 F.3d 467 (2d Cir....
Strict Contract Interpretation Affirmed in Omni Quartz v. CVS Corporation Introduction The case of Omni Quartz, Ltd. v. CVS Corporation and Revco D.S., Inc. represents a pivotal moment in contract...
Second Circuit Upholds § 841's Constitutionality in Apprendi Context Introduction In the landmark case United States v. Herbie Noel, decided on April 12, 2002, the United States Court of Appeals for...
Establishing Standards for In-Court Eyewitness Identifications in Habeas Corpus Cases: KENNAUGH v. MILLER Introduction KENNAUGH v. MILLER is a pivotal case decided by the United States Court of...
Hallwood Realty Partners v. Gotham Partners: Affirmation of §13(d) Limitations on Private Damages and Group Formation Introduction Hallwood Realty Partners, L.P. v. Gotham Partners, L.P. is a pivotal...