2d Circuit Case Commentaries

Supplemental Jurisdiction and Due Process: Insights from Catzin v. Thank You & Good Luck Corp.

Date: Aug 9, 2018

Supplemental Jurisdiction and Due Process: Insights from Catzin v. Thank You & Good Luck Corp. Introduction Catzin v. Thank You & Good Luck Corp., 899 F.3d 77 (2d Cir. 2018), is a significant...

Affirmation of Lack of Derivative Standing in NCUA Board v. U.S. Bank National Association

Date: Aug 3, 2018

Affirmation of Lack of Derivative Standing in NCUA Board v. U.S. Bank National Association Introduction The case of NATIONAL CREDIT UNION ADMINISTRATION BOARD v. U.S. BANK NATIONAL ASSOCIATION (898...

Second Circuit Upholds Vermont's Public Campaign Financing Restrictions under First Amendment

Date: Aug 1, 2018

Second Circuit Upholds Vermont's Public Campaign Financing Restrictions under First Amendment Introduction In the case of Dean Corran et al. v. Vermont Secretary of State et al., the United States...

United States v. Kamel Lambus: Reversal of Evidence Suppression Warrants New Standards for Wiretap and GPS Data

Date: Jul 26, 2018

United States v. Kamel Lambus: Reversal of Evidence Suppression Warrants New Standards for Wiretap and GPS Data Introduction In the case of United States of America, Appellant, v. Kamel Lambus (897...

Predominance Requirement in Multi-State Class Actions under Rule 23(b)(3): Langan v. Johnson & Johnson

Date: Jul 25, 2018

Predominance Requirement in Multi-State Class Actions under Rule 23(b)(3): Langan v. Johnson & Johnson Introduction Langan v. Johnson & Johnson, 897 F.3d 88 (2d Cir. 2018), is a pivotal case that...

Foreclosure Proceedings as Debt Collection Under FDCPA: Comprehensive Analysis of Cohen v. Rosicki & Ditech Financial LLC

Date: Jul 24, 2018

Foreclosure Proceedings as Debt Collection Under FDCPA: Comprehensive Analysis of Cohen v. Rosicki & Ditech Financial LLC Introduction In the landmark case of Cohen v. Rosicki, Rosicki & Associates,...

Affirmation of Summary Judgment and Sanctions for Bad Faith Litigation in FDCPA Case: Huebner v. Midland Credit Management

Date: Jul 20, 2018

Affirmation of Summary Judgment and Sanctions for Bad Faith Litigation in FDCPA Case: Huebner v. Midland Credit Management Introduction In Huebner v. Midland Credit Management, Inc., the United...

Affirmation of Summary Judgment in Anderson News v. American Media: Implications for Antitrust Conspiracy Claims

Date: Jul 20, 2018

Affirmation of Summary Judgment in Anderson News v. American Media: Implications for Antitrust Conspiracy Claims Introduction The case of Anderson News, L.L.C. vs. American Media, Inc. represents a...

Enforcement of Oral Settlements Under the Winston Framework: Shinhan Bank v. Lehman Brothers Holdings Inc.

Date: Jul 19, 2018

Enforcement of Oral Settlements Under the Winston Framework: Shinhan Bank v. Lehman Brothers Holdings Inc. Introduction The case of Shinhan Bank (“Shinhan”) versus Lehman Brothers Holdings Inc....

Reaffirmation of 18 U.S.C. § 1591's Scope in Combating Child Sex Trafficking: United States v. Thompson

Date: Jul 14, 2018

Reaffirmation of 18 U.S.C. § 1591's Scope in Combating Child Sex Trafficking: United States v. Thompson Introduction In the landmark case United States of America v. Alvaun Thompson, 896 F.3d 155 (2d...

Strict Evidentiary Standards for Tortious Interference with Contract: Insights from Conte v. Emmons

Date: Jul 11, 2018

Strict Evidentiary Standards for Tortious Interference with Contract: Insights from Conte v. Emmons Introduction Conte v. Emmons, 895 F.3d 168 (2d Cir. 2018), serves as a pivotal case in delineating...

Affirmation of Federal Firearm Restrictions for Dishonorably Discharged Veterans Under 18 U.S.C. § 922(g)(6)

Date: Jul 11, 2018

Affirmation of Federal Firearm Restrictions for Dishonorably Discharged Veterans Under 18 U.S.C. § 922(g)(6) Introduction The case of United States of America v. Jose Jimenez, 895 F.3d 228,...

Affirmation of Disability Benefits Denial under Social Security Act: Key Legal Principles and Precedents

Date: Jun 30, 2018

Affirmation of Disability Benefits Denial under Social Security Act: Key Legal Principles and Precedents Introduction In the case of Ritchie Smith v. Nancy A. Berryhill, Acting Commissioner of Social...

Affirmation of Summary Judgment in Zheng v. Perfect Team Corporation: Implications Under FLSA and NYLL

Date: Jun 27, 2018

Affirmation of Summary Judgment in Zheng v. Perfect Team Corporation: Implications Under FLSA and NYLL Introduction In the case of Xiao Hong Zheng, Individually and on Behalf of All Others Similarly...

Affirmed: Gravity Knife Law Upheld Amid Vagueness Challenge in Second Circuit

Date: Jun 23, 2018

Affirmed: Gravity Knife Law Upheld Amid Vagueness Challenge in Second Circuit Introduction In the case of John Copeland, Pedro Perez, Native Leather Ltd., Knife Rights, Inc., and Knife Rights...

Affirmation of Fourteenth Amendment Excessive Force Claim in LRAD Use Denies Qualified Immunity

Date: Jun 14, 2018

Affirmation of Fourteenth Amendment Excessive Force Claim in LRAD Use Denies Qualified Immunity Introduction This commentary examines the appellate decision in Anika EDREI et al. v. Lieutenant John...

Second Circuit Establishes Maritime Lien Entitlement for Contract Suppliers via Subcontracted Deliveries under CIMLA

Date: Jun 14, 2018

Second Circuit Establishes Maritime Lien Entitlement for Contract Suppliers via Subcontracted Deliveries under CIMLA Introduction The case of ING Bank N.V. v. M/V TEMARA, decided by the United States...

Second Circuit Upholds Res Judicata in Mortgage Foreclosure Case

Date: Jun 13, 2018

Second Circuit Upholds Res Judicata in Mortgage Foreclosure Case Introduction In the case of Symonous-Greta Harris v. BNC Mortgage, Inc., the United States Court of Appeals for the Second Circuit...

Second Circuit Clarifies Standards for Credibility Determinations in Asylum Cases: Omissions and the Totality of Circumstances

Date: May 26, 2018

Second Circuit Clarifies Standards for Credibility Determinations in Asylum Cases: Omissions and the Totality of Circumstances Introduction In the landmark decision of Hong Fei Gao, aka Xue Liang...

Affirmation of Social Security Disability Denial: Comprehensive Analysis of Colvin v. Berryhill

Date: May 19, 2018

Affirmation of Social Security Disability Denial: Comprehensive Analysis of Colvin v. Berryhill Introduction The case of Sean Colvin v. Nancy A. Berryhill, adjudicated by the United States Court of...

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