2d Circuit Case Commentaries

Affirmation of Individual Liability and Disgorgement Standards under FTCA and FDCPA in FTC v. Moses and Briandi

Date: Jan 12, 2019

Affirmation of Individual Liability and Disgorgement Standards under FTCA and FDCPA in FTC v. Moses and Briandi Introduction The case of Federal Trade Commission (FTC) v. William Moses and Mark...

Second Circuit Reaffirms Necessity for Narrowly Tailored Supervised Release Conditions: Internet and Pornography Bans in Eaglin v. USA

Date: Jan 12, 2019

Second Circuit Reaffirms Necessity for Narrowly Tailored Supervised Release Conditions: Internet and Pornography Bans in Eaglin v. United States Introduction In the landmark case United States of...

Enforceability of Hidden Arbitration Clauses: Insights from Adam J. Starke v. SquareTrade, Inc.

Date: Jan 11, 2019

Enforceability of Hidden Arbitration Clauses: Insights from Adam J. Starke v. SquareTrade, Inc. Introduction The case of Adam J. Starke, Individually and On Behalf of All Others Similarly Situated v....

Absolute Immunity for Prosecutors Confirmed in Ogunkoya v. Defendants

Date: Jan 10, 2019

Absolute Immunity for Prosecutors Confirmed in Ogunkoya v. Defendants Introduction In the landmark case of Seun Ogunkoya, Plaintiff-Appellee, v. Mark Monaghan, James Egan, County of Monroe, et al.,...

Second Circuit Expands Duty to Defend Advertising Injury Claims Under 'Offering for Sale' Clause

Date: Dec 20, 2018

Second Circuit Expands Duty to Defend Advertising Injury Claims Under 'Offering for Sale' Clause Introduction In the landmark case of High Point Design, LLC v. LM Insurance Corporation et al.,...

Second Circuit Clarifies Rooker-Feldman Doctrine in Settlement Agreement Litigation

Date: Dec 11, 2018

Second Circuit Clarifies Rooker-Feldman Doctrine in Settlement Agreement Litigation Introduction In SUNG CHO, Individually and on Behalf of All Others Similarly Situated v. CITY OF NEW YORK et al.,...

Second Circuit Reaffirms Consumers' Right to Challenge Misleading 'Whole Grain' Labeling in Mantikas v. Kellogg

Date: Dec 11, 2018

Second Circuit Reaffirms Consumers' Right to Challenge Misleading 'Whole Grain' Labeling in Mantikas v. Kellogg Introduction The case of Kristen Mantikas, Kristin Burns, and Linda Castle v. Kellogg...

Affirmation of Summary Judgment in Bamba v. Fenton Establishes Strict Standards for Title VII Retaliation Claims

Date: Dec 5, 2018

Affirmation of Summary Judgment in Bamba v. Fenton Establishes Strict Standards for Title VII Retaliation Claims Introduction In the case of N'Dama Miankanze Bamba v. Kimberly Fenton, Stony Brook...

Geismann v. ZocDoc: Clarifying Mootness in TCPA Class Actions Involving Rule 67 Deposits

Date: Nov 28, 2018

Geismann v. ZocDoc: Clarifying Mootness in TCPA Class Actions Involving Rule 67 Deposits Introduction In the landmark case Radha Geismann, M.D., P.C. v. Zocdoc, Inc., the United States Court of...

Affirming the High Bar for Prejudice in Ineffective Assistance Claims: Second Circuit's Decision in Garner v. Lee

Date: Nov 16, 2018

Affirming the High Bar for Prejudice in Ineffective Assistance Claims: Second Circuit's Decision in Garner v. Lee Introduction The case of Blair Garner v. William Lee is a significant judicial...

Defining 'Medium Work' in SSA Disability Claims: Analysis of Trepanier v. SSA, 2018

Date: Nov 14, 2018

Defining 'Medium Work' in SSA Disability Claims: Analysis of Trepanier v. SSA, 2018 Introduction Trepanier v. Commissioner of Social Security Administration is a pivotal case adjudicated by the...

Affirming the Affirmative: Second Circuit Upholds 'Favorable Termination' Requirement in Malicious Prosecution Claims under §1983

Date: Nov 8, 2018

Affirming the Affirmative: Second Circuit Upholds 'Favorable Termination' Requirement in Malicious Prosecution Claims under §1983 Introduction In the case of David Lanning Jr. v. City of Glens Falls...

Clarifying §1983 Claims: Second Circuit's Ruling on Municipal Liability and Deliberate Indifference in Valdiviezo v. ezo

Date: Oct 19, 2018

Clarifying §1983 Claims: Second Circuit's Ruling on Municipal Liability and Deliberate Indifference in Valdiviezo v. ezo Introduction In Mario Valdiviezo v. ezo, the United States Court of Appeals...

Illarramendi v. United States: Clarifying Certificate of Appealability in Bail Denials for Section 2255 Motions

Date: Oct 17, 2018

Illarramendi v. United States: Clarifying Certificate of Appealability in Bail Denials for Section 2255 Motions Introduction The case of Francisco Illarramendi v. United States, 906 F.3d 268 (2d Cir....

Second Circuit Clarifies Expense-Supplemental Obligations and Follow-the-Form Clauses in Reinsurance Contracts: Utica v. Clearwater

Date: Sep 26, 2018

Second Circuit Clarifies Expense-Supplemental Obligations and Follow-the-Form Clauses in Reinsurance Contracts: Utica v. Clearwater Introduction The case of Utica Mutual Insurance Company v....

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