2d Circuit Case Commentaries

Establishing Enhanced Protections Against Sex Discrimination in Employment: Menaker v. Hofstra University

Date: Aug 16, 2019

Establishing Enhanced Protections Against Sex Discrimination in Employment: Menaker v. Hofstra University Introduction In the landmark case Jeffrey Menaker v. Hofstra University, decided by the...

Limitation on Recovery of Post-Offer Attorney's Fees under Federal Rule 68: Second Circuit Upholds Limitations

Date: Aug 15, 2019

Limitation on Recovery of Post-Offer Attorney's Fees under Federal Rule 68: Second Circuit Upholds Limitations Introduction In the landmark case of Kayheem Lilly v. The City of New York, the United...

Clarifying Causation and Qualified Immunity Standards for §1983 Employment Discrimination Claims: Naumovski v. Norris and Scholl

Date: Aug 13, 2019

Clarifying Causation and Qualified Immunity Standards for §1983 Employment Discrimination Claims: Naumovski v. Norris and Scholl Introduction The case of Elizabeth Naumovski v. James Norris and...

Second Circuit Establishes Key Precedents on Willfulness and Profit Awards in Trademark Infringement Cases

Date: Aug 9, 2019

Second Circuit Establishes Key Precedents on Willfulness and Profit Awards in Trademark Infringement Cases Introduction The United States Court of Appeals for the Second Circuit delivered a pivotal...

Clarifying Motion to Dismiss Procedures and Pleading Standards in Defamation Cases: Palin v. The New York Times Company

Date: Aug 7, 2019

Clarifying Motion to Dismiss Procedures and Pleading Standards in Defamation Cases: Palin v. The New York Times Company Introduction In Sarah Palin, an Individual v. The New York Times Company, 940...

Clarifying the Timeliness of 42 U.S.C. § 406(b) Attorney's Fee Applications under Fed. R. Civ. P. 54(d)(2)(B): Insights from Sinkler v. Berryhill

Date: Aug 3, 2019

Clarifying the Timeliness of 42 U.S.C. § 406(b) Attorney's Fee Applications under Fed. R. Civ. P. 54(d)(2)(B): Insights from Sinkler v. Berryhill Introduction Sinkler v. Berryhill, 932 F.3d 83 (2d...

Advertising Regulations in For-Hire Vehicles: Upholding City’s First Amendment Compliance

Date: Jul 17, 2019

Advertising Regulations in For-Hire Vehicles: Upholding City’s First Amendment Compliance Introduction The case of VUGO, INC. v. CITY OF NEW YORK, decided by the United States Court of Appeals for...

U.S. v. Williams: Upholding Dual Inventory Searches and Admissibility of Gang Affiliation Evidence in Felon Firearm Cases

Date: Jul 10, 2019

U.S. v. Williams: Upholding Dual Inventory Searches and Admissibility of Gang Affiliation Evidence in Felon Firearm Cases Introduction In the landmark case of United States of America v. Andy...

Second Circuit Establishes Enhanced Standards for Unsealing Judicial Documents in Defamation Litigation

Date: Jul 4, 2019

Second Circuit Establishes Enhanced Standards for Unsealing Judicial Documents in Defamation Litigation Introduction In the landmark case Julie Brown, Miami Herald Company, Inter v. Nors-Appellants,...

Second Circuit Upholds Rigorous Gateway Standard for Actual Innocence in Federal Habeas Corpus: Hyman v. Brown

Date: Jun 25, 2019

Second Circuit Upholds Rigorous Gateway Standard for Actual Innocence in Federal Habeas Corpus: Hyman v. Brown Introduction In the case of TULLIE HYMAN v. WILLIAM D. BROWN (927 F.3d 639), the United...

Second Circuit Affirms Proper Deference to State Review Officers in IDEA Compliance Cases

Date: Jun 15, 2019

Second Circuit Affirms Proper Deference to State Review Officers in IDEA Compliance Cases Introduction In the landmark case of W.A., M.S. v. Hendrick Hudson Central School District, the United States...

Second Circuit Clarifies Similarity Standards for LeClair vs. Olech Equal Protection Claims in Discriminatory Enforcement Cases

Date: Jun 14, 2019

Second Circuit Clarifies Similarity Standards for LeClair vs. Olech Equal Protection Claims in Discriminatory Enforcement Cases Introduction In the case of Eric Hu, NY Drilling, Inc., and 888...

Exhaustion of Administrative Remedies in Drug Scheduling: Insights from Washington et al. v. Barr

Date: May 31, 2019

Exhaustion of Administrative Remedies in Drug Scheduling: Insights from Washington et al. v. Barr Introduction The case of Marvin Washington, Dean Bortell et al. v. William Pelham Barr addresses the...

Enforcing the Treating Physician Rule: Second Circuit's Decision in Estrella v. Berryhill

Date: May 30, 2019

Enforcing the Treating Physician Rule: Second Circuit's Decision in Estrella v. Berryhill Introduction The case of Brenda Estrella v. Nancy A. Berryhill, Acting Commissioner of Social Security (925...

Enhanced Due Process Requirements for Discharge Planning in Immigration Detention: Charles and Small v. Orange County

Date: May 25, 2019

Enhanced Due Process Requirements for Discharge Planning in Immigration Detention: Charles and Small v. Orange County Introduction Charles Michelet and Carol Small, former civil immigration detainees...

Second Circuit Affirms Non-Reviewability of Remand Orders on Subject Matter Jurisdiction under 28 U.S.C. §1447(d)

Date: May 23, 2019

Second Circuit Affirms Non-Reviewability of Remand Orders on Subject Matter Jurisdiction under 28 U.S.C. §1447(d) Introduction In the case of JP Morgan Chase Bank, N.A. v. Richard Caires, adjudicated...

Second Circuit Establishes Sufficiency of Unsolicited Text Messages for Article III Standing under the TCPA

Date: May 1, 2019

Second Circuit Establishes Sufficiency of Unsolicited Text Messages for Article III Standing under the TCPA Introduction The case of Christina Melito et al. v. Experian Marketing Solutions, Inc. et...

Second Circuit Affirms Aggravated Felony Status of First-Degree Assault and Limits Pereira's Scope on NTAs

Date: Apr 24, 2019

Second Circuit Affirms Aggravated Felony Status of First-Degree Assault and Limits Pereira's Scope on NTAs Introduction The case of Jose Javier Banegas Gomez v. William P. Barr addresses critical...

Rehabilitation Act Employment Discrimination Requires But-For Causation: Natofsky v. City of New York

Date: Apr 19, 2019

Rehabilitation Act Employment Discrimination Requires But-For Causation: Natofsky v. City of New York Introduction The case of Richard Natofsky v. The City of New York scrutinizes the application of...

Affirmation of Credit Union Robbery as a 'Crime of Violence' under 18 U.S.C. § 924(c): Analysis of United States v. Hendricks

Date: Apr 12, 2019

Affirmation of Credit Union Robbery as a 'Crime of Violence' under 18 U.S.C. § 924(c): Analysis of United States v. Hendricks Introduction The case of United States of America v. Robert Hendricks,...

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