2d Circuit Case Commentaries

Affirmation of Physical Loss Requirement in Insurance Policies for Pandemic-Related Claims

Date: Feb 1, 2023

Affirmation of Physical Loss Requirement in Insurance Policies for Pandemic-Related Claims Introduction The case of ITT Inc. v. Factory Mutual Insurance Company presents a critical examination of...

Second Circuit Upholds Removal Based on 'Sexual Abuse of a Minor' as Aggravated Felony: Debique v. Garland

Date: Jan 28, 2023

Second Circuit Upholds Removal Based on 'Sexual Abuse of a Minor' as Aggravated Felony: Debique v. Garland Introduction The case of Wayne Patrick Debique v. Merrick B. Garland (58 F.4th 676),...

Clarity and Conspicuousness of Variable Rate Disclosures Affirmed: Second Circuit Upholds Summary Judgment in Forte v. Direct Energy

Date: Jan 26, 2023

Clarity and Conspicuousness of Variable Rate Disclosures Affirmed: Second Circuit Upholds Summary Judgment in Forte v. Direct Energy Introduction In Martin Forte v. Direct Energy Services, LLC, the...

Second Circuit Reverses section 924(c) Convictions for Brandishing Firearms in Attempted Hobbs Act Robberies Following US v. Taylor

Date: Jan 24, 2023

Second Circuit Reverses section 924(c) Convictions for Brandishing Firearms in Attempted Hobbs Act Robberies Following U.S. v. Taylor Introduction In the case of United States of America v. Earl...

Enforcement of Arbitration Clauses and Constraints on Relief Under Rule 60(b)(5) in Nicosia v. Amazon.com, Inc.

Date: Jan 20, 2023

Enforcement of Arbitration Clauses and Constraints on Relief Under Rule 60(b)(5) in Nicosia v. Amazon.com, Inc. Introduction The case Dean Nicosia, on behalf of himself and all others similarly...

Enhancing Arbitration Standards: The Second Circuit's Decision in Smarter Tools Inc. v. SENCI Import & Export Trade Co.

Date: Jan 18, 2023

Enhancing Arbitration Standards: The Second Circuit's Decision in Smarter Tools Inc. v. SENCI Import & Export Trade Co. Introduction The case of Smarter Tools Inc. (STI) v. Chongqing SENCI Import &...

Clarifying Justiciability Standards under the Declaratory Judgment Act: Admiral Insurance Co. v. Niagara Transformer Corp.

Date: Jan 7, 2023

Clarifying Justiciability Standards under the Declaratory Judgment Act: Admiral Insurance Co. v. Niagara Transformer Corp. Introduction In the landmark case Admiral Insurance Company v. Niagara...

FCRA Inaccuracy Claims and Legal Disputes: Insights from Mader v. Experian

Date: Jan 5, 2023

FCRA Inaccuracy Claims and Legal Disputes: Insights from Mader v. Experian Introduction The case of Michael Mader v. Experian Information Solutions, Inc. addresses a pivotal issue concerning the...

Affirming the Minimal Plausibility Standard for Pro Se Discrimination Claims: Mauro v. NYC Department of Education

Date: Dec 23, 2022

Affirming the Minimal Plausibility Standard for Pro Se Discrimination Claims: Mauro v. NYC Department of Education Introduction In the case of James J. Mauro v. New York City Department of Education,...

Balancing Public Access and Government Confidentiality: Insights from Gannett Media Corp. v. United States

Date: Dec 21, 2022

Balancing Public Access and Government Confidentiality: Insights from Gannett Media Corp. v. United States Introduction The case of Gannett Media Corp., DBA Democrat & Chronicle v. United States of...

Enforceability of Preliminary Settlement Agreements: Insights from SRISUWAN TANGTIWATANAPAIBUL v. TOM & TOON INC

Date: Dec 13, 2022

Enforceability of Preliminary Settlement Agreements: Insights from SRISUWAN TANGTIWATANAPAIBUL v. TOM & TOON INC Introduction The case of SRISUWAN TANGTIWATANAPAIBUL et al. versus TOM & TOON INC and...

Affirmation of Summary Judgment in Age Discrimination Claims: Rinaldi v. NICE

Date: Dec 8, 2022

Affirmation of Summary Judgment in Age Discrimination Claims: Rinaldi v. NICE Introduction In Rinaldi v. NICE, Peter Rinaldi, the plaintiff-appellant, contested an employment dispute against several...

Narrow Federal Controlled Substances Schedules Limit Career-Offender Sentencing Enhancements

Date: Dec 7, 2022

Narrow Federal Controlled Substances Schedules Limit Career-Offender Sentencing Enhancements Introduction In the case of United States of America v. Vincent Gibson, the United States Court of Appeals...

Affirmation of Guilty Plea Validity under Federal Rule of Criminal Procedure 11 in U.S. v. Spear-Zuleta

Date: Dec 2, 2022

Affirmation of Guilty Plea Validity under Federal Rule of Criminal Procedure 11 in U.S. v. Spear-Zuleta Introduction In the case of United States of America v. Ronald Christopher Spear-Zuleta, the...

Implications of Radwan v. Warde Manuel: Title IX and Qualified Immunity in Athletic Scholarship Terminations

Date: Dec 1, 2022

Implications of Radwan v. Warde Manuel: Title IX and Qualified Immunity in Athletic Scholarship Terminations Introduction In the landmark case of Noriana Radwan v. Warde Manuel, decided by the United...

Mandatory Identity Disclosure for Pro Se Appellants: Publius Publicola v. Lomenzo et al.

Date: Nov 30, 2022

Mandatory Identity Disclosure for Pro Se Appellants: Publius Publicola v. Lomenzo et al. Introduction The case of Publius Publicola, Plaintiff-Appellant, v. John Lomenzo, Town of Penfield, Joseph...

Catholic Bishop Precludes Duty of Fair Representation Claims for Parochial-School Teachers

Date: Nov 24, 2022

Catholic Bishop Precludes Duty of Fair Representation Claims for Parochial-School Teachers Introduction In Ramon K. Jusino v. Federation of Catholic Teachers, Inc., 54 F.4th 95 (2d Cir. 2022), the...

Enhanced Standards for CAT Claims: Garcia-Aranda v. Garland

Date: Nov 22, 2022

Enhanced Standards for CAT Claims: Garcia-Aranda v. Garland Introduction Karla Iveth Garcia-Aranda v. Merrick B. Garland, 53 F.4th 752 (2022), represents a pivotal decision by the United States Court...

Affirmation of Denial of Compassionate Release in United States v. Dicarluccio

Date: Nov 16, 2022

Affirmation of Denial of Compassionate Release in United States v. Dicarluccio Introduction In the case of United States of America v. Michael Sellick and Michael Dicarluccio, the United States Court...

Second Circuit Establishes Review Standards for Corroboration in Asylum Claims: Pinel-Gomez v. Garland

Date: Nov 3, 2022

Second Circuit Establishes Review Standards for Corroboration in Asylum Claims: Pinel-Gomez v. Garland Introduction The case of Mauricio Dagoberto Pinel-Gomez, J. L. P-E. v. Merrick B. Garland,...