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  • Commentaries
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2d Circuit Case Commentaries

Establishing Limits on FTCA Claims: The Da v. Watson Decision

Establishing Limits on FTCA Claims: The Da v. Watson Decision

Date: Aug 1, 2017
Establishing Limits on FTCA Claims: The Da v. Watson Decision Introduction The case of Davino Watson v. United States, adjudicated by the United States Court of Appeals for the Second Circuit on July...
Second Circuit Establishes Lenient Pleading Standards for FCA Qui Tam Claims and Protects Employee Refusal to Falsify Records

Second Circuit Establishes Lenient Pleading Standards for FCA Qui Tam Claims and Protects Employee Refusal to Falsify Records

Date: Jul 28, 2017
Second Circuit Establishes Lenient Pleading Standards for FCA Qui Tam Claims and Protects Employee Refusal to Falsify Records Introduction In the landmark case of UNITED STATES of America, EX REL....
NLRA Duty of Fair Representation Does Not Preempt NYSHRL: Comprehensive Commentary on Figueroa v. Foster

NLRA Duty of Fair Representation Does Not Preempt NYSHRL: Comprehensive Commentary on Figueroa v. Foster

Date: Jul 26, 2017
NLRA Duty of Fair Representation Does Not Preempt NYSHRL: Comprehensive Commentary on Figueroa v. Foster Introduction The case of Hector J. Figueroa, President, SEIU Local 32 BJ, CTW, CLC,...
Tannerite Sports v. NBCUniversal: Affirming the Necessity of Alleging Falsity in Defamation Claims Under New York Law

Tannerite Sports v. NBCUniversal: Affirming the Necessity of Alleging Falsity in Defamation Claims Under New York Law

Date: Jul 26, 2017
Tannerite Sports v. NBCUniversal: Affirming the Necessity of Alleging Falsity in Defamation Claims Under New York Law Introduction The case of Tannerite Sports, LLC v. NBCUniversal News Group (864...
Second Circuit Upholds Qualified Immunity for NYPD Officers in Kass v. City of New York

Second Circuit Upholds Qualified Immunity for NYPD Officers in Kass v. City of New York

Date: Jul 25, 2017
Second Circuit Upholds Qualified Immunity for NYPD Officers in Kass v. City of New York Introduction The case of Stephen L. Kass v. City of New York et al. revolves around an incident that occurred...
Establishing 'Motivating Factor' Causation Standard for FMLA Retaliation Claims: Commentary on Woods v. START Treatment & Recovery Centers

Establishing 'Motivating Factor' Causation Standard for FMLA Retaliation Claims: Commentary on Woods v. START Treatment & Recovery Centers

Date: Jul 20, 2017
Establishing 'Motivating Factor' Causation Standard for FMLA Retaliation Claims: Commentary on Woods v. START Treatment & Recovery Centers Introduction The case of Cassandra Woods v. START Treatment...
Liberal Construction of Pro Se Discrimination Claims: McLeod v. Jewish Guild for the Blind

Liberal Construction of Pro Se Discrimination Claims: McLeod v. Jewish Guild for the Blind

Date: Jul 20, 2017
Liberal Construction of Pro Se Discrimination Claims: McLeod v. Jewish Guild for the Blind Introduction The case of Easter S. McLeod v. The Jewish Guild for the Blind, adjudicated by the United...
ERISA Exclusion for Partnership-Like Stock Rights Plans: Analysis of Pasternack v. Shrader

ERISA Exclusion for Partnership-Like Stock Rights Plans: Analysis of Pasternack v. Shrader

Date: Jul 14, 2017
ERISA Exclusion for Partnership-Like Stock Rights Plans: Analysis of Pasternack v. Shrader Introduction In the case of Bruce Pasternack, Plaintiff-Appellant, et al. v. Ralph W. Shrader,...
In re Petrobras Securities: Second Circuit Clarifies Class Certification Standards under Rule 23(b)(3)

In re Petrobras Securities: Second Circuit Clarifies Class Certification Standards under Rule 23(b)(3)

Date: Jul 8, 2017
In re Petrobras Securities: Second Circuit Clarifies Class Certification Standards under Rule 23(b)(3) Introduction The case of In re Petrobras Securities presents a significant development in the...
Qualified Immunity in the Use of Tasers on Fleeing Suspects: Insights from Soto v. Bridgeport

Qualified Immunity in the Use of Tasers on Fleeing Suspects: Insights from Soto v. Bridgeport

Date: Jul 6, 2017
Qualified Immunity in the Use of Tasers on Fleeing Suspects: Insights from Soto v. Bridgeport Introduction The case of Orlando Soto, Conservator v. City of Bridgeport and Chief of Police Joseph...
Arnone v. Aetna: Section 5-335 Protects Disability Benefits from Personal Injury Settlement Offsets

Arnone v. Aetna: Section 5-335 Protects Disability Benefits from Personal Injury Settlement Offsets

Date: Jun 23, 2017
Arnone v. Aetna: Section 5-335 Protects Disability Benefits from Personal Injury Settlement Offsets Introduction In the landmark case of Sal v. Tore Arnone, heard by the United States Court of...
Vivint Solar IPO Disclosure Standards Affirmed Under DeMaria Test

Vivint Solar IPO Disclosure Standards Affirmed Under DeMaria Test

Date: Jun 22, 2017
Vivint Solar IPO Disclosure Standards Affirmed Under DeMaria Test Introduction The case of Robby Shawn Stadnick, et al. v. Vivint Solar, Inc. adjudicated by the United States Court of Appeals for the...
Harbin v. Sessions: Indivisibility of NYPL § 220.31 and Its Implications for Aggravated Felony Classification

Harbin v. Sessions: Indivisibility of NYPL § 220.31 and Its Implications for Aggravated Felony Classification

Date: Jun 22, 2017
Harbin v. Sessions: Indivisibility of NYPL § 220.31 and Its Implications for Aggravated Felony Classification Introduction In Harbin v. Sessions, 860 F.3d 58 (2d Cir. 2017), the United States Court...
Qualified Immunity and First Amendment Rights in Educational Settings: Johnson v. Perry

Qualified Immunity and First Amendment Rights in Educational Settings: Johnson v. Perry

Date: Jun 9, 2017
Qualified Immunity and First Amendment Rights in Educational Settings: Johnson v. Perry Introduction Johnson v. Perry is a pivotal case adjudicated by the United States Court of Appeals for the...
Establishing Standing in Class Action: Insights from Sean John v. Whole Foods Market Group

Establishing Standing in Class Action: Insights from Sean John v. Whole Foods Market Group

Date: Jun 3, 2017
Establishing Standing in Class Action: Insights from Sean John v. Whole Foods Market Group Introduction The appellate decision in Sean John, Individually and on Behalf of All Others Similarly...
Determining Trust Citizenship for Diversity Jurisdiction: Insights from Loubier Irrevocable Trust v. Cable Trust

Determining Trust Citizenship for Diversity Jurisdiction: Insights from Loubier Irrevocable Trust v. Cable Trust

Date: Jun 2, 2017
Determining Trust Citizenship for Diversity Jurisdiction: Insights from Loubier Irrevocable Trust v. Cable Trust Introduction The legal landscape surrounding trust citizenship for diversity...
Second Circuit Upholds Fourth Amendment Standards in Digital Surveillance: United States v. Ross Ulbricht

Second Circuit Upholds Fourth Amendment Standards in Digital Surveillance: United States v. Ross Ulbricht

Date: Jun 1, 2017
Second Circuit Upholds Fourth Amendment Standards in Digital Surveillance: United States v. Ross Ulbricht Introduction In the landmark case of United States v. Ross William Ulbricht, decided by the...
Establishing a Pattern in RICO Claims: Insights from Reich v. Betancourt Lopez

Establishing a Pattern in RICO Claims: Insights from Reich v. Betancourt Lopez

Date: May 27, 2017
Establishing a Pattern in RICO Claims: Insights from Reich v. Betancourt Lopez Introduction In Reich v. Betancourt Lopez, 858 F.3d 55 (2d Cir. 2017), the United States Court of Appeals for the Second...
Affirmation of Nolle Prosequi as Favorable Termination in Section 1983 Malicious Prosecution Claims

Affirmation of Nolle Prosequi as Favorable Termination in Section 1983 Malicious Prosecution Claims

Date: May 23, 2017
Affirmation of Nolle Prosequi as Favorable Termination in Section 1983 Malicious Prosecution Claims Introduction In the appellate case Paul Spak v. Shane Phillips (857 F.3d 458), the United States...
ERISA Does Not Completely Preempt Out-of-Network Providers' Promissory Estoppel Claims: McCulloch v. Aetna

ERISA Does Not Completely Preempt Out-of-Network Providers' Promissory Estoppel Claims: McCulloch v. Aetna

Date: May 19, 2017
ERISA Does Not Completely Preempt Out-of-Network Providers' Promissory Estoppel Claims: McCulloch v. Aetna Introduction McCulloch Orthopaedic Surgical Services, PLLC, a/k/a Dr. Kenneth E. McCulloch...
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