2d Circuit Case Commentaries

2nd Circuit Affirms 'One Central Reason' Standard for Withholding of Removal Claims

Date: Nov 2, 2022

2nd Circuit Affirms 'One Central Reason' Standard for Withholding of Removal Claims Introduction In the landmark case of Xavier Pucha Quituizaca v. Merrick B. Garland, decided on November 1, 2022,...

Rooker-Feldman Doctrine Clarified in Hansen v. Miller: Implications for Fraud and Collateral Estoppel Claims

Date: Oct 29, 2022

Rooker-Feldman Doctrine Clarified in Hansen v. Miller: Implications for Fraud and Collateral Estoppel Claims Introduction In the landmark case of Joan Hansen v. Matthew Miller et al. (52 F.4th 96,...

Forced Choice Between Employment and Political Activity Constitutes Adverse Employment Action Under NY Labor Law § 201-d

Date: Oct 28, 2022

Forced Choice Between Employment and Political Activity Constitutes Adverse Employment Action Under NY Labor Law § 201-d Introduction In the landmark case William Gunnar Truitt v. Salisbury Bank and...

Second Circuit Affirms Dismissal of Title VII Failure-to-Train and Hostile Work Environment Claims

Date: Oct 21, 2022

Second Circuit Affirms Dismissal of Title VII Failure-to-Train and Hostile Work Environment Claims Introduction In the case of Jean-Claude Tassy v. Pete Buttigieg, Secretary of Transportation, the...

Second Circuit Sets New Precedent on Primary Jurisdiction and Worker Protections in COVID-19 Context

Date: Oct 19, 2022

Second Circuit Sets New Precedent on Primary Jurisdiction and Worker Protections in COVID-19 Context Introduction In the landmark case of Derrick Palmer et al. v. Amazon.com, Inc. et al. (51 F.4th...

Affirmation of Waiver Doctrine in Ineffective Assistance Claims: United States v. Graham

Date: Oct 15, 2022

Affirmation of Waiver Doctrine in Ineffective Assistance Claims: United States v. Graham Introduction In the case of United States of America v. Jacqueline Graham, 51 F.4th 67 (2d Cir. 2022), the...

New Precedent on Choice-of-Law in International Bond Transactions: PDVSA v. MUFG Union Bank

Date: Oct 14, 2022

New Precedent on Choice-of-Law in International Bond Transactions: PDVSA v. MUFG Union Bank Introduction The case of Petroleos de Venezuela S.A. (PDVSA) v. MUFG Union Bank, N.A., decided by the...

Right of Publicity Claims Preempted by Copyright Act: Insights from Melendez v. Sirius XM Radio

Date: Oct 5, 2022

Right of Publicity Claims Preempted by Copyright Act: Insights from Melendez v. Sirius XM Radio Introduction The case of John Edward Melendez v. Sirius XM Radio, Inc. (50 F.4th 294) adjudicated by...

Clarifying Service Requirements in Confirmation of Foreign Arbitral Awards: CME v. CVG Ferrominera Orinoco

Date: Oct 4, 2022

Clarifying Service Requirements in Confirmation of Foreign Arbitral Awards: CME v. CVG Ferrominera Orinoco Introduction In the landmark case of Commodities & Minerals Enterprise Ltd. v. CVG...

Reaffirming the Purchaser-Seller Rule: Menora Mivtachim v. Frutarom Industries

Date: Oct 1, 2022

Reaffirming the Purchaser-Seller Rule: Menora Mivtachim v. Frutarom Industries Introduction The case of Menora Mivtachim Insurance Ltd. and others v. Frutarom Industries Ltd. et al. ([54 F.4th...

Application of Qualified Immunity in Combined Police Use of Force: McKinney v. City of Middletown

Date: Sep 27, 2022

Application of Qualified Immunity in Combined Police Use of Force: McKinney v. City of Middletown Introduction In McKinney v. City of Middletown, the United States Court of Appeals for the Second...

Qualified Immunity Upholds Regulatory Official's Persuasive Government Speech: Insights from NRA v. Vullo

Date: Sep 23, 2022

Qualified Immunity Upholds Regulatory Official's Persuasive Government Speech: Insights from NRA v. Vullo Introduction The case of National Rifle Association of America v. Maria T. Vullo (49 F.4th...

Notice and Opportunity to Be Heard Required for Sua Sponte Dismissal under STONE v. POWELL

Date: Sep 21, 2022

Notice and Opportunity to Be Heard Required for Sua Sponte Dismissal under STONE v. POWELL Introduction The case of Jamel Ethridge v. Earl Bell, adjudicated by the United States Court of Appeals for...

Transfer-Induced Unavailability of Administrative Remedies Under PLRA: Romano v. Ulrich

Date: Sep 16, 2022

Transfer-Induced Unavailability of Administrative Remedies Under PLRA: Romano v. Ulrich Introduction Anthony Romano, a prisoner in New York, initiated a federal lawsuit alleging excessive force under...

Second Circuit Clarifies Probate Exception in Diversity Jurisdiction: McKie v. Kornegay

Date: Sep 16, 2022

Second Circuit Clarifies Probate Exception in Diversity Jurisdiction: McKie v. Kornegay Introduction The case of Christopher McKie v. Charles Kornegay is a pivotal decision by the United States Court...

Arbitration Agreements in Online Banking: Insights from Zachman v. Hudson Valley Federal Credit Union

Date: Sep 15, 2022

Arbitration Agreements in Online Banking: Insights from Zachman v. Hudson Valley Federal Credit Union Introduction The case of Nicole Zachman v. Hudson Valley Federal Credit Union (HVCU) addresses...

Intertwined Claims and Reasonable Attorney's Fees under the FLSA: Holick v. Cellular Sales

Date: Sep 8, 2022

Intertwined Claims and Reasonable Attorney's Fees under the FLSA: Holick v. Cellular Sales Introduction In the landmark case of Jan P. Holick, Jr., et al. v. Cellular Sales of New York, LLC, Cellular...

Navient Corp. Class Action Settlement: Implications for Rule 23(b)(2) Certification and Cy Pres Awards

Date: Sep 8, 2022

Navient Corp. Class Action Settlement: Implications for Rule 23(b)(2) Certification and Cy Pres Awards Introduction The case of Kathryn Hyland et al. v. Navient Corporation, Navient Solutions LLC...

Reaffirmation of Substantial Evidence Standard and Treating Physician Rule in SSA Disability Claims: Rucker v. Kijakazi

Date: Sep 7, 2022

Reaffirmation of Substantial Evidence Standard and Treating Physician Rule in SSA Disability Claims: Rucker v. Kijakazi Introduction In the landmark case Jessica RUCKER, Plaintiff-Appellant, v....

Limits on Compassionate Release: United States v. Orena

Date: Sep 1, 2022

Limits on Compassionate Release: United States v. Orena Introduction The case of United States of America v. Victor J. Orena addresses the boundaries of the compassionate release provision under 18...