2d Circuit Case Commentaries

Clarifying Detention Authority: Hechavarria v. Sessions and the Distinction Between INA §§1231(a) and 1226(c)

Date: May 17, 2018

Clarifying Detention Authority: Hechavarria v. Sessions and the Distinction Between INA §§1231(a) and 1226(c) Introduction In the landmark case of Joseph Emanuel Hechavarria v. Jefferson B. Sessions...

Second Circuit Clarifies Protected Union Speech Under Garcetti in Montero v. City of Yonkers

Date: May 17, 2018

Second Circuit Clarifies Protected Union Speech Under Garcetti in Montero v. City of Yonkers Introduction In the landmark case Raymond Montero v. City of Yonkers, the United States Court of Appeals...

First Amendment Rights of Prisoners to Refuse Informant and Provide False Information Affirmed in Burns v. Martuscello

Date: May 10, 2018

First Amendment Rights of Prisoners to Refuse Informant and Provide False Information Affirmed in Burns v. Martuscello Case Title: Mark Burns, Plaintiff–Appellant, v. Daniel F. Martuscello, Jr., et...

RFRA Authorizes Monetary Damages Against Federal Officers in Individual Capacity: Tanvir v. Shinwari

Date: May 3, 2018

RFRA Authorizes Monetary Damages Against Federal Officers in Individual Capacity: Tanvir v. Shinwari Introduction Tanvir v. Shinwari is a landmark case adjudicated by the United States Court of...

New Precedent on Regulatory Equal Protection in the Taxi Industry: Progressive Credit Union v. NYC TLC

Date: May 2, 2018

New Precedent on Regulatory Equal Protection in the Taxi Industry: Progressive Credit Union v. NYC TLC Introduction The case of Progressive Credit Union, Taxi Medallion Owner Driver Association,...

Second Circuit Reaffirms Exhaustion Requirements for Title VII Retaliation Claims: Duplan v. City of New York

Date: May 1, 2018

Second Circuit Reaffirms Exhaustion Requirements for Title VII Retaliation Claims: Duplan v. City of New York Introduction In Louis M. Duplan v. City of New York, 888 F.3d 612 (2d Cir. 2018), the...

Affirmation of 'Abuse of Discretion' Standard for Hyde Amendment Applications: Bove v. United States

Date: Apr 27, 2018

Affirmation of 'Abuse of Discretion' Standard for Hyde Amendment Applications: Bove v. United States 1. Introduction In the case United States of America v. Gerald E. Bove, the defendant, Gerald E....

Reliance on Substantial Evidence Affirms Disability Determination: Ortiz v. Colvin

Date: Apr 14, 2018

Reliance on Substantial Evidence Affirms Disability Determination: Ortiz v. Colvin Introduction In the case of Noemi Ortiz v. Carolyn W. Colvin, Acting Commissioner of Social Security, decided on...

Affirmation of Dismissal for Grievance Procedure Restrictions and Due Process Claims in Prison Litigation: Riddick v. Semple et al.

Date: Apr 13, 2018

Affirmation of Dismissal for Grievance Procedure Restrictions and Due Process Claims in Prison Litigation: Riddick v. Semple et al. Introduction The case of Jerome Riddick v. Scott Semple,...

Second Circuit Rules Against Cumulative Liquidated Damages Under NYLL and FLSA

Date: Apr 7, 2018

Second Circuit Rules Against Cumulative Liquidated Damages Under NYLL and FLSA Introduction In the case of Mashud Parves Rana v. Monirul Islam and Fahima Tahsina Prova, the United States Court of...

Implied Promises in Constructive Trusts: The Second Circuit’s Decision in Jaffer v. Hirji

Date: Apr 5, 2018

Implied Promises in Constructive Trusts: The Second Circuit’s Decision in Jaffer v. Hirji Introduction In the landmark case of Latifa Jaffer et al. v. Naushad M. Hirji and Sabira Hirji, adjudicated...

Affirming Arbitrator Authority and Restricting Declaratory Judgments: Chelsea Grand, LLC v. NY Hotel Trades Council

Date: Apr 4, 2018

Affirming Arbitrator Authority and Restricting Declaratory Judgments: Chelsea Grand, LLC v. New York Hotel and Motel Trades Council Introduction The case of Chelsea Grand, LLC v. New York Hotel and...

United States v. Betts: Reasonableness of Supervised Release Conditions in Criminal Sentencing

Date: Mar 29, 2018

United States v. Betts: Reasonableness of Supervised Release Conditions in Criminal Sentencing Introduction In United States v. Jeffrey D. Betts, the United States Court of Appeals for the Second...

Second Circuit Reaffirms Personal Involvement Standard in §1983 Excessive Force Claims: Delee v. Hannigan

Date: Mar 29, 2018

Second Circuit Reaffirms Personal Involvement Standard in §1983 Excessive Force Claims: Delee v. Hannigan Introduction In the landmark case Maurice L. Delee v. Charles M. Hannigan et al., the United...

Conflict Preemption Under the Organic Foods Production Act: Marentette v. Abbott Labs

Date: Mar 24, 2018

Conflict Preemption Under the Organic Foods Production Act: Marentette v. Abbott Labs Introduction In the landmark case of Marentette v. Abbott Laboratories, Inc., the United States Court of Appeals...

Affirmation of FAPE Amidst Procedural Violations under IDEA: MR. P. & Mrs. P. v. West Hartford Board of Education

Date: Mar 24, 2018

Affirmation of FAPE Amidst Procedural Violations under IDEA: MR. P. & Mrs. P. v. West Hartford Board of Education Introduction The case of MR. P. and Mrs. P. v. West Hartford Board of Education...

Ballard v. United States: Establishing Standards for Prosecutorial Conduct in Summations

Date: Mar 17, 2018

Ballard v. United States: Establishing Standards for Prosecutorial Conduct in Summations Introduction Ballard v. United States is a significant judgment rendered by the United States Court of Appeals...

Strict Adherence to FTCA's Two-Year Statute of Limitations Upheld in Flores v. United States

Date: Mar 16, 2018

Strict Adherence to FTCA's Two-Year Statute of Limitations Upheld in Flores v. United States Introduction Flores v. United States (885 F.3d 119) is a pivotal case adjudicated by the United States...

Excessive Force and the Limits of Qualified Immunity: Outlaw v. City of Hartford

Date: Mar 8, 2018

Excessive Force and the Limits of Qualified Immunity: Outlaw v. City of Hartford Introduction The case of Tylon C. Outlaw v. City of Hartford addresses critical issues surrounding police use of...

Affirmation of Procedural and Substantive Reasonableness in Sentencing: United States v. Kanagbou

Date: Mar 6, 2018

Affirmation of Procedural and Substantive Reasonableness in Sentencing: United States v. Kanagbou Introduction The case of United States of America v. Henry Kanagbou was adjudicated by the United...

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