2d Circuit Case Commentaries

Second Circuit Sets New Precedent on ADEA Hostile Environment and Retaliation Claims

Date: Apr 9, 2019

Second Circuit Sets New Precedent on ADEA Hostile Environment and Retaliation Claims Introduction In the landmark case of Blair Davis-Garett v. Urban Outfitters, Inc., the United States Court of...

Appraisal Process Classified as Arbitration Under the Federal Arbitration Act: Insights from Milligan v. GEICO & CCC

Date: Apr 4, 2019

Appraisal Process Classified as Arbitration Under the Federal Arbitration Act: Insights from Milligan v. GEICO & CCC Introduction Milligan v. GEICO Information Services Inc. and GEICO General...

Second Circuit Clarifies Privacy Expectations for Unlicensed, Unauthorized Rental Car Drivers

Date: Apr 2, 2019

Second Circuit Clarifies Privacy Expectations for Unlicensed, Unauthorized Rental Car Drivers Introduction In United States of America v. James Lyle et al. (919 F.3d 716, Second Circuit, 2019), the...

Preemption of State Law Claims in Pharmaceutical Liability: Gibbons v. Bristol-Myers Squibb & Pfizer

Date: Mar 27, 2019

Preemption of State Law Claims in Pharmaceutical Liability: Gibbons v. Bristol-Myers Squibb & Pfizer Introduction In the landmark case of Catherine Gibbons, et al., Plaintiffs-Appellants, v....

Affirming Total Debt Disclosure Sufficiency under FDCPA: Kolbasyuk v. Capital Management Services, LP

Date: Mar 13, 2019

Affirming Total Debt Disclosure Sufficiency under FDCPA: Kolbasyuk v. Capital Management Services, LP Introduction In Yuri Kolbasyuk v. Capital Management Services, LP, the United States Court of...

Calmare Therapeutics v. GEOMC Co.: Second Circuit Clarifies Payment Obligations in Licensing Agreements

Date: Mar 13, 2019

Calmare Therapeutics v. GEOMC Co.: Second Circuit Clarifies Payment Obligations in Licensing Agreements Introduction The case of Calmare Therapeutics Inc. v. GEOMC Co., Ltd. (918 F.3d 92) was...

Mailbox Rule Not Applicable to FTCA Claims: Insights from Cooke v. United States (918 F.3d 77)

Date: Mar 8, 2019

Mailbox Rule Not Applicable to FTCA Claims: Insights from Cooke v. United States (918 F.3d 77) Introduction Cooke v. United States is a pivotal case adjudicated by the United States Court of Appeals...

Second Circuit Establishes Hostile Work Environment Claims as Cognizable under the ADA: Fox v. Costco

Date: Mar 7, 2019

Second Circuit Establishes Hostile Work Environment Claims as Cognizable under the ADA: Fox v. Costco Introduction The case Christopher Fox v. Costco Wholesale Corporation, reported at 918 F.3d 65,...

Generic Corporate Compliance Statements Insufficient for Securities Fraud Claims: Singh v. Cigna Corp.

Date: Mar 6, 2019

Generic Corporate Compliance Statements Insufficient for Securities Fraud Claims: Singh v. Cigna Corp. Introduction Singh v. Cigna Corp. is a pivotal case adjudicated by the United States Court of...

Affirmation of Summary Judgment in First Amendment Retaliation Claims within Correctional Facilities

Date: Feb 28, 2019

Affirmation of Summary Judgment in First Amendment Retaliation Claims within Correctional Facilities Introduction In the case of Andrew Williams v. Jean G. King et al., the United States Court of...

Madoff Liquidation: Extending Bankruptcy Recovery to Foreign Transferees

Date: Feb 26, 2019

Madoff Liquidation: Extending Bankruptcy Recovery to Foreign Transferees Introduction The case In re: Irving H. Picard, Trustee for the Liquidation of Bernard L. Madoff Investment Securities LLC (917...

Second Circuit Establishes Relation Back for Non-John Doe Amendments in §1983 Cases: Ceara v. Deacon

Date: Feb 22, 2019

Second Circuit Establishes Relation Back for Non-John Doe Amendments in §1983 Cases: Ceara v. Deacon Introduction In Ceara v. Deacon, the United States Court of Appeals for the Second Circuit...

Successor Liability and Personal Jurisdiction: U.S. Bank National Association v. Bank of America N.A.

Date: Feb 16, 2019

Successor Liability and Personal Jurisdiction: U.S. Bank National Association v. Bank of America N.A. 1. Introduction The case of U.S. Bank National Association, as Successor (Wells Fargo Bank, NA),...

Second Circuit Affirms Abstention from Federal Review of State Guardianship Procedures for the Disabled under Younger and O'Shea Doctrines

Date: Feb 16, 2019

Second Circuit Affirms Abstention from Federal Review of State Guardianship Procedures for the Disabled under Younger and O'Shea Doctrines Introduction The case of Disability Rights New York (DRNY)...

Second Circuit Upholds Liberal Interpretation of Rule 8 and 20 in §1915A Dismissals for Pro Se Prisoners: Harnage v. Lightner

Date: Feb 16, 2019

Second Circuit Upholds Liberal Interpretation of Rule 8 and 20 in §1915A Dismissals for Pro Se Prisoners: Harnage v. Lightner Introduction In the case of James A. Harnage v. Rikel Lightner et al.,...

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2d Circuit Case Commentaries

Second Circuit Sets New Precedent on ADEA Hostile Environment and Retaliation Claims

Appraisal Process Classified as Arbitration Under the Federal Arbitration Act: Insights from Milligan v. GEICO & CCC

Second Circuit Clarifies Privacy Expectations for Unlicensed, Unauthorized Rental Car Drivers

Preemption of State Law Claims in Pharmaceutical Liability: Gibbons v. Bristol-Myers Squibb & Pfizer

Affirming Total Debt Disclosure Sufficiency under FDCPA: Kolbasyuk v. Capital Management Services, LP

Calmare Therapeutics v. GEOMC Co.: Second Circuit Clarifies Payment Obligations in Licensing Agreements

Mailbox Rule Not Applicable to FTCA Claims: Insights from Cooke v. United States (918 F.3d 77)

Second Circuit Establishes Hostile Work Environment Claims as Cognizable under the ADA: Fox v. Costco

Generic Corporate Compliance Statements Insufficient for Securities Fraud Claims: Singh v. Cigna Corp.

Affirmation of Summary Judgment in First Amendment Retaliation Claims within Correctional Facilities

Madoff Liquidation: Extending Bankruptcy Recovery to Foreign Transferees

Second Circuit Establishes Relation Back for Non-John Doe Amendments in §1983 Cases: Ceara v. Deacon

Successor Liability and Personal Jurisdiction: U.S. Bank National Association v. Bank of America N.A.

Second Circuit Affirms Abstention from Federal Review of State Guardianship Procedures for the Disabled under Younger and O'Shea Doctrines

Second Circuit Upholds Liberal Interpretation of Rule 8 and 20 in §1915A Dismissals for Pro Se Prisoners: Harnage v. Lightner

Second Circuit Upholds Electricity Supplier's Discretion in Variable Rate Contracts

Bellamy v. City of New York: Establishing Accountability for Law Enforcement Conduct under Monell Doctrine

Enhanced Scrutiny on Vocational Expert Testimony in Disability Insurance Appeals: Lockwood v. SSA

Affirmation of Residual Functional Capacity in Social Security Disability Claims: Corbiere v. Berryhill

Defining Temporary Impairments: Second Circuit Reaffirms ADA Disability Requirements