2d Circuit Case Commentaries

Second Circuit Establishes Key Precedent on Eighth Amendment Excessive Force Claims

Date: Jun 3, 2020

Second Circuit Establishes Key Precedent on Eighth Amendment Excessive Force Claims Introduction In the landmark case of Leonard Randolph v. Thomas R. Griffin et al., the United States Court of...

Second Circuit Establishes Equitable Relief Standards for ERISA Fiduciary Breaches in Life Insurance Benefits Disputes

Date: Jun 2, 2020

Second Circuit Establishes Equitable Relief Standards for ERISA Fiduciary Breaches in Life Insurance Benefits Disputes Introduction In the landmark case of Kristine Sullivan-Mestecky, indi v. Verizon...

Second Circuit Upholds Free Association Rights by Requiring Restoration of Delegates to New York Democratic Primary Despite COVID-19 Pandemic

Date: Jun 2, 2020

Second Circuit Upholds Free Association Rights by Requiring Restoration of Delegates to New York Democratic Primary Despite COVID-19 Pandemic Introduction In the case of Andrew Yang et al. v. Peter...

Second Circuit Affirms Sanctions for Spoliation and Fraud on the Court in COMLAB, CORP. v. KAL TIRE

Date: May 30, 2020

Second Circuit Affirms Sanctions for Spoliation and Fraud on the Court in COMLAB, CORP. v. KAL TIRE Introduction The case of COMLAB, CORP. v. KAL TIRE presents a significant legal dispute involving...

Misprision of a Felony Not a Categorical Crime Involving Moral Turpitude: Tomas Mendez v. William P. Barr

Date: May 28, 2020

Misprision of a Felony Not a Categorical Crime Involving Moral Turpitude: Tomas Mendez v. William P. Barr Introduction In the case of Tomas Mendez v. William P. Barr, adjudicated by the United States...

Second Circuit Affirms Denial of Collective Corporate Scienter in Securities Fraud Case

Date: May 28, 2020

Second Circuit Affirms Denial of Collective Corporate Scienter in Securities Fraud Case Introduction The case of Ronald Jackson, Individually and on Behalf of All Others Similarly Situated versus...

Affirming Summary Judgment on Fiduciary Duty in Mutual Fund Fee Litigation

Date: May 23, 2020

Affirming Summary Judgment on Fiduciary Duty in Mutual Fund Fee Litigation Introduction The case of In Re: Davis New York Venture Fund Fee Litigation involves shareholders of the Davis New York...

Defining Section 13(d) Group Agreements for Section 16(b) Liability in Rubenstein v. Rofam Inv. LLC

Date: May 21, 2020

Defining Section 13(d) Group Agreements for Section 16(b) Liability in Rubenstein v. Rofam Inv. LLC Introduction In Rubenstein v. Rofam Inv. LLC, the United States Court of Appeals for the Second...

Investment Management Agreements Do Not Constitute Insider Group Membership Under Section 16(b)

Date: May 21, 2020

Investment Management Agreements Do Not Constitute Insider Group Membership Under Section 16(b) Introduction In Rubenstein v. International Value Advisers, LLC, 959 F.3d 541 (2d Cir. 2020), the...

Affirmation of Substantial Evidence Standard in Social Security Disability Determinations: Cherry v. Commissioner

Date: May 21, 2020

Affirmation of Substantial Evidence Standard in Social Security Disability Determinations: Cherry v. Commissioner Introduction In the case of Lamont C. Cherry v. Commissioner of Social Security...

Affirmation of Dismissal in Employment Discrimination and Retaliation Claims: Serena Wu v. Good Samaritan Hospital Medical Center

Date: May 21, 2020

Affirmation of Dismissal in Employment Discrimination and Retaliation Claims Serena Wu v. Good Samaritan Hospital Medical Center et al. Introduction In the case of Serena Wu v. Good Samaritan...

Economic Loss and Duty of Care in PFOA Contamination: R.M. Bacon, LLC v. Saint-Gobain Performance Plastics Corp.

Date: May 19, 2020

Economic Loss and Duty of Care in PFOA Contamination: R.M. Bacon, LLC v. Saint-Gobain Performance Plastics Corp. Introduction The case of R.M. Bacon, LLC and Michael Bacon, Plaintiffs-Appellees, v....

Blash v. Commissioner of Social Security Administration: Enhanced Consideration of Residual Functional Capacity in Disability Determinations

Date: May 19, 2020

Blash v. Commissioner of Social Security Administration: Enhanced Consideration of Residual Functional Capacity in Disability Determinations Introduction The case of Jannine Blash v. Commissioner of...

Second Circuit Establishes Limits on Parents' Claims for Public Funding When Unilaterally Enrolling Children in New Private Schools During IEP Disputes

Date: May 19, 2020

Second Circuit Establishes Limits on Parents' Claims for Public Funding When Unilaterally Enrolling Children in New Private Schools During IEP Disputes Introduction In the landmark case Rosa Elba...

Second Circuit Affirms NIFA’s Wage Freeze as Constitutional under the Contracts Clause

Date: May 14, 2020

Second Circuit Affirms NIFA’s Wage Freeze as Constitutional under the Contracts Clause Introduction In the landmark case of Brian Sullivan et al. v. Nassau County Interim Finance Authority, the...

Second Circuit Affirms Discovery Rule, Limits Damages to Three Years, and Validates Group Copyright Registrations in Sohm v. Scholastic Inc.

Date: May 13, 2020

Second Circuit Affirms Discovery Rule, Limits Damages to Three Years, and Validates Group Copyright Registrations in Sohm v. Scholastic Inc. Introduction Sohm, Visions of America, LLC v. Scholastic...

Dianthe Martinez-Brooks v. D. Easter & Michael Carvajal: Expedited Home Confinement for Medically Vulnerable Inmates Under the Eighth Amendment

Date: May 13, 2020

Dianthe Martinez-Brooks v. D. Easter & Michael Carvajal: Expedited Home Confinement for Medically Vulnerable Inmates Under the Eighth Amendment Introduction In the landmark case of Dianthe...

Clarifying Judicial Admissions: Inadvertent Statements Do Not Bind Parties

Date: May 7, 2020

Clarifying Judicial Admissions: Inadvertent Statements Do Not Bind Parties Introduction The case of Benjamin Pillars v. General Motors LLC adjudicated by the United States Court of Appeals for the...

Expansion of 'Controlled Substance Offense' Definition Under U.S.S.G. §4B1.2(b): Analysis of United States v. Kolongi Richardson

Date: May 6, 2020

Expansion of 'Controlled Substance Offense' Definition Under U.S.S.G. §4B1.2(b): Analysis of United States v. Kolongi Richardson Introduction United States of America v. Kolongi Richardson is a...

Second Circuit Clarifies Per-Offender Application of §3014 Assessments in Child Pornography Cases

Date: May 5, 2020

Second Circuit Clarifies Per-Offender Application of §3014 Assessments in Child Pornography Cases Introduction In the case of United States of America v. Paul Haverkamp, 958 F.3d 145 (2d Cir. 2020),...

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