2d Circuit Case Commentaries

Reaffirming Standing and Notice Compliance in Foreclosure Actions: Nationstar Mortgage v. Esther Hunte

Date: Jan 17, 2024

Reaffirming Standing and Notice Compliance in Foreclosure Actions: Nationstar Mortgage v. Esther Hunte Introduction In the case of Nationstar Mortgage, LLC, Plaintiff-Appellee, v. Esther Hunte,...

Trade Dress Protection and Unfair Competition: Insights from APP Group v. Rudsak USA

Date: Jan 10, 2024

Trade Dress Protection and Unfair Competition: Insights from APP Group v. Rudsak USA Introduction The case of APP Group (Canada) Inc., DBA Mackage v. Rudsak USA Inc. was adjudicated by the United...

Hyperbolic Online Insults as Non-Actionable Opinions: Second Circuit Affirms Defamation Summary Judgment

Date: Jan 10, 2024

Hyperbolic Online Insults as Non-Actionable Opinions: Second Circuit Affirms Defamation Summary Judgment Introduction In the case of Michael Rapaport v. Barstool Sports Inc., decided by the United...

Affirmation of ALJ’s Residual Functional Capacity Determination Under SSA: Spottswood v. Kijakazi

Date: Jan 10, 2024

Affirmation of ALJ’s Residual Functional Capacity Determination Under SSA: Spottswood v. Kijakazi Introduction The case of Melissa Spottswood v. Kilolo Kijakazi addresses the critical issue of...

Second Circuit Upholds NYC's Wrongful Discharge Law: Compatibility with NLRA and Dormant Commerce Clause

Date: Jan 6, 2024

Second Circuit Upholds NYC's Wrongful Discharge Law: Compatibility with NLRA and Dormant Commerce Clause Introduction The case of Restaurant Law Center, New York State Restaurant Association v. City...

Affirmation of Trustee’s Recovery in Madoff Liquidation: Establishing Criteria for Transfer of Debtor’s Property

Date: Jan 5, 2024

Affirmation of Trustee’s Recovery in Madoff Liquidation: Establishing Criteria for Transfer of Debtor’s Property Introduction The case of In re: Bernard L. Madoff Investment Securities LLC, Debtor v....

Article 6-F Upholds Surcharge on Noncash Tips for Black Car Services: Insights from Kasiotis v. NY Black Car Operators' Injury Compensation Fund

Date: Jan 3, 2024

Article 6-F Upholds Surcharge on Noncash Tips for Black Car Services: Insights from Kasiotis v. NY Black Car Operators' Injury Compensation Fund Introduction The case of Kasiotis v. New York Black...

Limitations on Extending Bivens: Analysis of Cohen v. Trump and Implications for Constitutional Claims Against High-Level Officials

Date: Jan 3, 2024

Limitations on Extending Bivens: Analysis of Cohen v. Trump and Implications for Constitutional Claims Against High-Level Officials Introduction The case of Michael D. Cohen v. Donald J. Trump et...

Denial of Equitable Tolling in Civil Rights Action: Veronica-May Clark v. Hanley et al.

Date: Dec 21, 2023

Denial of Equitable Tolling in Civil Rights Action: Veronica-May Clark v. Hanley et al. Introduction In the landmark case of Veronica-May Clark v. Thomas Hanley, Kevin Manley, Peter Murphy, Kimberly...

Reaffirming Article III Standing in Title IX Litigation: Insights from Soule v. Connecticut Association of Schools

Date: Dec 16, 2023

Reaffirming Article III Standing in Title IX Litigation: Insights from Soule v. Connecticut Association of Schools Introduction The case of Selina Soule et al. v. Connecticut Association of Schools,...

Second Circuit Affirms Enforceability of Discretionary Rate-Setting Clauses in Energy Supply Contracts

Date: Dec 14, 2023

Second Circuit Affirms Enforceability of Discretionary Rate-Setting Clauses in Energy Supply Contracts Introduction In the case of Antonio Martinez, Executor of the Estate of Naomi Gonzales v. Agway...

Second Circuit Upholds Key Provisions of New York’s Concealed Carry Improvement Act Consistent with Bruen

Date: Dec 9, 2023

Second Circuit Upholds Key Provisions of New York’s Concealed Carry Improvement Act Consistent with Bruen Introduction The case of Ivan Antonyuk, Corey Johnson, Alfred Terrille, Joseph Mann, Leslie...

Second Circuit Establishes Elevated Standard for Vacating Dismissals Under Rule 60(b)(6) in Disparate Impact Claims

Date: Dec 9, 2023

Second Circuit Establishes Elevated Standard for Vacating Dismissals Under Rule 60(b)(6) in Disparate Impact Claims Introduction In Mandala v. NTT Data, Inc., the United States Court of Appeals for...

Second Circuit Rules State-Level Narcotics Convictions Do Not Qualify as Predicate Offenses for Career Offender Enhancement

Date: Dec 8, 2023

Second Circuit Rules State-Level Narcotics Convictions Do Not Qualify as Predicate Offenses for Career Offender Enhancement Introduction In the case of United States of America v. Robert J. Chaires...

Affirmation of Summary Judgment in Robert Lee v. Grocery Haulers, Inc.: Clarifying Burden-Shifting in Discrimination and Retaliation Claims

Date: Nov 30, 2023

Affirmation of Summary Judgment in Robert Lee v. Grocery Haulers, Inc.: Clarifying Burden-Shifting in Discrimination and Retaliation Claims Introduction The case of Robert Lee, Plaintiff-Appellant,...

Second Circuit Establishes Sincere Burden Standard for Prisoner Free Exercise Claims under §1983

Date: Nov 28, 2023

Second Circuit Establishes Sincere Burden Standard for Prisoner Free Exercise Claims under §1983 Introduction In Kravitz v. Purcell, 87 F.4th 111 (2d Cir. 2023), the United States Court of Appeals...

Second Circuit Allows Former Inmate to Pursue Post-Release First Amendment Claims in §1983 Action

Date: Nov 22, 2023

Second Circuit Allows Former Inmate to Pursue Post-Release First Amendment Claims in §1983 Action Introduction In the landmark decision of Dontie S. Mitchell v. Various Defendants, the United States...

Wiggins v. Griffin: Establishing Accountability for Deliberate Indifference in Religious Rights of Incarcerated Individuals

Date: Nov 21, 2023

Wiggins v. Griffin: Establishing Accountability for Deliberate Indifference in Religious Rights of Incarcerated Individuals Introduction Wiggins v. Griffin is a landmark decision by the United States...

Expanded In Forma Pauperis Standards for Incarcerated Litigants and Dependents in Rosa v. Doe

Date: Nov 21, 2023

Expanded In Forma Pauperis Standards for Incarcerated Litigants and Dependents in Rosa v. Doe, 86 F.4th 1001 Introduction In the landmark case Alexander Rosa v. John Doe et al., decided by the United...

Second Circuit Clarifies Equitable Limitations on SEC's Disgorgement Remedy in SEC v. Govil

Date: Nov 1, 2023

Second Circuit Clarifies Equitable Limitations on SEC's Disgorgement Remedy in SEC v. Govil Introduction In the landmark case Securities and Exchange Commission v. Aron Govil, adjudicated by the...