2d Circuit Case Commentaries

Affirmation of § 924(c) Conviction Considering Multiple Predicate Offenses: Dwayne Stone v. United States

Date: Jun 22, 2022

Affirmation of § 924(c) Conviction Considering Multiple Predicate Offenses: Dwayne Stone v. United States Introduction The case of Dwayne Stone, Petitioner-Appellant, v. United States of America,...

Second Circuit Reaffirms RFRA Protections for Inmates Against Unjustified Religious Practice Restrictions

Date: Jun 18, 2022

Second Circuit Reaffirms RFRA Protections for Inmates Against Unjustified Religious Practice Restrictions Introduction In the landmark case Sabir v. Williams, the United States Court of Appeals for...

Enhancing Procedural Standards in Disability Claims: A Comprehensive Analysis of Loucks v. Kijakazi

Date: Jun 18, 2022

Enhancing Procedural Standards in Disability Claims: A Comprehensive Analysis of Loucks v. Kijakazi Introduction Loucks v. Kijakazi is a pivotal case adjudicated by the United States Court of Appeals...

Second Circuit Establishes Separate Probable Cause Standard for Mental Health Arrests in False Arrest Claims

Date: Jun 18, 2022

Second Circuit Establishes Separate Probable Cause Standard for Mental Health Arrests in False Arrest Claims Introduction In the landmark case of Kaibin Guan v. City of New York et al., the United...

Donnelly v. USCIS: Affirming §1421(c) as a Mandatory Claim-Processing Rule

Date: Jun 15, 2022

Donnelly v. USCIS: Affirming §1421(c) as a Mandatory Claim-Processing Rule Introduction In the case of Patrick J. Donnelly v. Controlled Application Review and Resolution Program Unit, United States...

Affirmation of "Crime of Violence" Classification for Attempted Murder in Aid of Racketeering under 18 U.S.C. § 1959(a)(5)

Date: Jun 9, 2022

Affirmation of "Crime of Violence" Classification for Attempted Murder in Aid of Racketeering under 18 U.S.C. § 1959(a)(5) Introduction The case United States of America v. Steven Pastore, Salvatore...

Exhaustion of Administrative Remedies in Prison Litigation: Saeli v. Chautauqua County

Date: Jun 9, 2022

Exhaustion of Administrative Remedies in Prison Litigation: Saeli v. Chautauqua County Introduction Saeli v. Chautauqua County, NY, Correction Officers Genther and Steenburn is a pivotal case...

Title IX Affirmation: Private Right of Action for University’s Intentional Gender-Based Discrimination Against Faculty Member

Date: Jun 3, 2022

Title IX Affirmation: Private Right of Action for University’s Intentional Gender-Based Discrimination Against Faculty Member Introduction The case of Dr. Mukund Vengalattore v. Cornell University...

Second Circuit Affirms Standing Requirements in ADA Claims for Braille Gift Cards

Date: Jun 3, 2022

Second Circuit Affirms Standing Requirements in ADA Claims for Braille Gift Cards Introduction The case of MARCOS CALCANO et al. v. SWAROVSKI NORTH AMERICA LIMITED et al. revolves around allegations...

Equitable Estoppel in Divorce Fraud Claims: Koral v. Saunders

Date: Jun 1, 2022

Equitable Estoppel in Divorce Fraud Claims: Koral v. Saunders Introduction Koral v. Saunders (36 F.4th 400) is a significant appellate decision by the United States Court of Appeals for the Second...

Non-Jurisdictional Statutory Requirements under PACA Affirmed

Date: Jun 1, 2022

Non-Jurisdictional Statutory Requirements under PACA Affirmed Introduction The case of A&B Alternative Marketing Inc. v. International Quality Fruit Inc. et al., decided by the United States Court of...

Second Circuit Reaffirms Triable Issues in Arbitration Agreement Validity: Barrows v. Brinker Restaurant Corp.

Date: Jun 1, 2022

Second Circuit Reaffirms Triable Issues in Arbitration Agreement Validity: Barrows v. Brinker Restaurant Corp. Introduction Barrows v. Brinker Restaurant Corporation is a significant appellate...

Enhanced Disclosure Duties in Securities Litigation: Insights from Noto v. 22nd Century Group

Date: May 25, 2022

Enhanced Disclosure Duties in Securities Litigation: Insights from Noto v. 22nd Century Group Introduction Noto v. 22nd Century Group, Inc. is a significant appellate decision from the United States...

Supervised Release Revocation: Upholding Preponderance of Evidence Standard in Peguero Case

Date: May 14, 2022

Supervised Release Revocation: Upholding Preponderance of Evidence Standard in Peguero Case Introduction The case of United States of America v. Carlos Peguero addresses critical issues surrounding...

Associational Discrimination Under the ADA: Affirmation of Summary Judgment in Blanton v. Education Affiliates

Date: May 13, 2022

Associational Discrimination Under the ADA: Affirmation of Summary Judgment in Blanton v. Education Affiliates Introduction In the case of Wynn F. Blanton v. Education Affiliates, Inc., St. Paul's...

Establishing 'Interested Person' and 'For Use' Requirements under 28 U.S.C. §1782: Insights from IJK Palm LLC v. Anholt Services USA, Inc.

Date: May 7, 2022

Establishing 'Interested Person' and 'For Use' Requirements under 28 U.S.C. §1782: Insights from IJK Palm LLC v. Anholt Services USA, Inc. Introduction The case of IJK Palm LLC v. Anholt Services...

Public Trial Rights Under the Sixth Amendment: Insights from Gigi Jordan v. Amy Lamanna

Date: May 6, 2022

Public Trial Rights Under the Sixth Amendment: Insights from Gigi Jordan v. Amy Lamanna Introduction Exploring the Boundaries of a Public Trial The case of Gigi Jordan v. Amy Lamanna serves as a...

Defining Transportation Workers under the Federal Arbitration Act: Second Circuit Affirms Exclusion for Bakery Delivery Drivers

Date: May 6, 2022

Defining Transportation Workers under the Federal Arbitration Act: Second Circuit Affirms Exclusion for Bakery Delivery Drivers Introduction The case of Neal Bissonnette and Tyler Wojnarowski v....

Affirmation of Per Se Antitrust Violations: United States v. Akshay Aiyer

Date: May 3, 2022

Affirmation of Per Se Antitrust Violations: United States v. Akshay Aiyer Introduction In the landmark case of United States of America v. Akshay Aiyer, the United States Court of Appeals for the...

Finality and Judicial Review in Immigration Removal: Insights from Paresh Kumar Bhaktibhai-Patel v. Garland

Date: Apr 28, 2022

Finality and Judicial Review in Immigration Removal: Insights from Paresh Kumar Bhaktibhai-Patel v. Garland Introduction In the case of Paresh Kumar Bhaktibhai-Patel v. Merrick B. Garland, decided on...