2d Circuit Case Commentaries

Ferraro v. Saul: Reinforcing the Treating-Physician Rule in Disability Benefit Determinations

Date: Mar 13, 2020

Ferraro v. Saul: Reinforcing the Treating-Physician Rule in Disability Benefit Determinations Introduction Ferraro v. Saul, adjudicated by the United States Court of Appeals for the Second Circuit on...

Elevating Constructive Discharge Claims: Green v. Town of East Haven Sets New Standard

Date: Mar 11, 2020

Elevating Constructive Discharge Claims: Green v. Town of East Haven Sets New Standard Introduction Dyanna L. Green v. Town of East Haven, 952 F.3d 394 (2020), is a significant appellate decision...

Rasmy v. Marriott: Expanding the Scope of Hostile Work Environment and Retaliation Claims

Date: Mar 7, 2020

Rasmy v. Marriott: Expanding the Scope of Hostile Work Environment and Retaliation Claims Introduction The case of Gebraial Rasmy v. Marriott International, Inc. marks a significant development in...

Second Circuit Upholds Discretion to Consider Obstruction of Justice Under 18 U.S.C §3553(a) Without Guidelines Adjustment

Date: Mar 6, 2020

Second Circuit Upholds Discretion to Consider Obstruction of Justice Under 18 U.S.C §3553(a) Without Guidelines Adjustment Introduction The case of United States of America v. Maria Soly Almonte (952...

Vindicating Rights: Second Circuit Vacates Dismissal in Richmond Lynch's Section 1983 Claims Against NYPD and City of New York

Date: Mar 5, 2020

Vindicating Rights: Second Circuit Vacates Dismissal in Richard Lynch's Section 1983 Claims Against NYPD and City of New York Introduction In the landmark case of Richard Lynch, Plaintiff-Appellant,...

Protecting Witness Privacy in the Digital Age: Second Circuit Sets New Precedent in Deposition Video Access

Date: Mar 4, 2020

Protecting Witness Privacy in the Digital Age: Second Circuit Sets New Precedent in Deposition Video Access Introduction The case of MIRLIS v. GREER, decided by the United States Court of Appeals for...

Recognition of State Action in Companion Animal Seizure Under the Fourth Amendment: Newsome v. Bogan

Date: Feb 29, 2020

Recognition of State Action in Companion Animal Seizure Under the Fourth Amendment: Newsome v. Bogan Introduction Newsome v. Bogan, decided by the United States Court of Appeals for the Second...

Diversity Jurisdiction and Alien Status: Insights from Tagger v. Strauss Group Ltd.

Date: Feb 28, 2020

Diversity Jurisdiction and Alien Status: Insights from Tagger v. Strauss Group Ltd. Introduction The case of Benjamin Tagger v. Strauss Group Ltd. addressed critical issues surrounding federal...

Costabile v. NYCHHC: Requiring Accommodation Requests and Restricting §1983 for Rehabilitation Act Claims

Date: Feb 26, 2020

Costabile v. NYCHHC: Requiring Accommodation Requests and Restricting §1983 for Rehabilitation Act Claims A Comprehensive Commentary on 951 F.3d 77, Second Circuit, 2020 Introduction The appellate...

Second Circuit Affirms VARA Protection for Temporary Street Art in 5Pointz Case

Date: Feb 21, 2020

Second Circuit Affirms VARA Protection for Temporary Street Art in 5Pointz Case Introduction The landmark case of Castillo et al. v. G&M Realty L.P. et al., decided on February 20, 2020, by the...

Affirming the Two Dismissal Rule under FRCP 41(a)(1)(B): Lin v. Joe’s Shanghai

Date: Feb 12, 2020

Affirming the Two Dismissal Rule under FRCP 41(a)(1)(B): Lin v. Joe’s Shanghai Introduction In Jian Yang Lin, Hui Qui Chen, and Xin He v. Shanghai City Corp d/b/a Joe’s Shanghai et al., the United...

Exclusionary Rule Non-Applicability in Revocation of Supervised Release: United States v. Hightower

Date: Feb 7, 2020

Exclusionary Rule Non-Applicability in Revocation of Supervised Release: United States v. Hightower Introduction The case of United States of America v. Randy Hightower, decided by the United States...

Reevaluating Excessive Force in Parolee Arrests: Insights from Horace v. Gibbs

Date: Feb 7, 2020

Reevaluating Excessive Force in Parolee Arrests: Insights from Horace v. Gibbs Introduction In the case of John L. Horace v. Kevin Gibbs, et al., the United States Court of Appeals for the Second...

Affirming the Appealability of Denial to Proceed Under a Pseudonym: United States v. Pilcher

Date: Feb 7, 2020

Affirming the Appealability of Denial to Proceed Under a Pseudonym: United States v. Pilcher Introduction United States of America v. John Pilcher, 950 F.3d 39 (2d Cir. 2020), addresses a pivotal...

Second Circuit Establishes Career Offender Predicate Criteria for Violent and Narcotics Conspiracies

Date: Feb 7, 2020

Second Circuit Establishes Career Offender Predicate Criteria for Violent and Narcotics Conspiracies Introduction In United States of America v. Zimmian Tabb, 949 F.3d 81 (2d Cir. 2020), the Second...

Affirmation of Summary Judgment in Failure-to-Accommodate and Retaliation Claims Under ADA, FMLA, and Title VII: Woolf v. Bloomberg L.P.

Date: Feb 7, 2020

Affirmation of Summary Judgment in Failure-to-Accommodate and Retaliation Claims Under ADA, FMLA, and Title VII: Woolf v. Bloomberg L.P. Introduction The case of Ronald Woolf v. Bloomberg L.P. (949...

Prohibition on Proportionality Caps for Attorneys' Fees in FLSA Settlement Agreements: Fisher v. SD Protection

Date: Feb 5, 2020

Prohibition on Proportionality Caps for Attorneys' Fees in FLSA Settlement Agreements Introduction In the landmark case Michael Fisher v. SD Protection Inc. and Sandra Dominguez Mercado, adjudicated...

Second Circuit Court Expands Consideration of Hostile Work Environment Claims under Statute of Limitations: Yu v. City of New York

Date: Feb 4, 2020

Second Circuit Court Expands Consideration of Hostile Work Environment Claims under Statute of Limitations: Yu v. City of New York Introduction The case of Laurene Yu v. City of New York addresses...

United States v. Smith: No Written Statement of Reasons Required for VOSR Sentences without Official Form

Date: Feb 4, 2020

No Mandatory Written Statement of Reasons for VOSR Sentences Without Official Form: Insights from United States v. Smith Introduction In United States v. Karim Smith, 949 F.3d 60 (2d Cir. 2020), the...

Affirmation of Dismissal in Ames Ray v. Christina Ray: Implications for Fraudulent Conveyance Claims Under New York Law

Date: Jan 24, 2020

Affirmation of Dismissal in Ames Ray v. Christina Ray: Implications for Fraudulent Conveyance Claims Under New York Law Introduction The case of Ames Ray, Plaintiff-Appellant, v. Christina Ray, John...

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