2d Circuit Case Commentaries

Joint Employer Doctrine under Title VII: Insights from Felder v. United States Tennis Association

Date: Mar 8, 2022

Joint Employer Doctrine under Title VII: Insights from Felder v. United States Tennis Association Introduction The case of Sean G. Felder Plaintiff-Appellant v. United States Tennis Association...

Expanding and Limiting "Other Expenses" under the MVRA: Insights from United States v. Afriyie

Date: Feb 26, 2022

Expanding and Limiting "Other Expenses" under the MVRA: Insights from United States v. Afriyie Introduction The case of United States of America v. John Afriyie (27 F.4th 161) represents a...

Mandatory Minimum Sentences and Compassionate Release: An Analysis of United States v. Clenista

Date: Feb 26, 2022

Mandatory Minimum Sentences and Compassionate Release: An Analysis of United States v. Clenista Introduction In United States of America v. Marlon Clenista, 26 F.4th 566 (2d Cir. 2022), the United...

Second Circuit Clarifies §1782 Discovery for Foreign Criminal Proceedings Without Circumventing MLAT

Date: Feb 25, 2022

Second Circuit Clarifies §1782 Discovery for Foreign Criminal Proceedings Without Circumventing MLAT Introduction The United States Court of Appeals for the Second Circuit, in the case titled The...

Vacating Convictions in Forced-Labor Case: United States v. Zhong

Date: Feb 24, 2022

Vacating Convictions in Forced-Labor Case: United States v. Zhong Introduction In the pivotal case of United States of America v. Dan Zhong (26 F.4th 536, 2022), the United States Court of Appeals...

Second Circuit Establishes Stricter Standards for Asylum Determinations: Emphasizing Correct Application of Legal Standards and Proper Consideration of Material Evidence

Date: Feb 10, 2022

Second Circuit Establishes Stricter Standards for Asylum Determinations: Emphasizing Correct Application of Legal Standards and Proper Consideration of Material Evidence Introduction The case of...

Reaffirming Reasonable Suspicion and Lawful Use of Force in Vehicle Investigatory Stops: United States v. Patterson

Date: Feb 5, 2022

Reaffirming Reasonable Suspicion and Lawful Use of Force in Vehicle Investigatory Stops: United States v. Patterson Introduction In the landmark case of United States of America v. Justin Patterson,...

Second Circuit Clarifies 'Windfall' Standard in Contingency Fees for Social Security Cases

Date: Jan 29, 2022

Second Circuit Clarifies 'Windfall' Standard in Contingency Fees for Social Security Cases Introduction In the case of Jim R. Fields v. Kilolo Kijakazi, M.D., 24 F.4th 845 (2d Cir. 2022), the United...

Affirming the Extension of Cheeks Review to Rule 41(a)(1)(A)(i) Voluntary Dismissals in FLSA Cases: An Analysis of Samake v. Thunder Lube, Inc.

Date: Jan 28, 2022

Affirming the Extension of Cheeks Review to Rule 41(a)(1)(A)(i) Voluntary Dismissals in FLSA Cases: An Analysis of Sekouba Samake v. Thunder Lube, Inc. Introduction In the landmark case of Sekouba...

Defining Jurisdictional Limits and Mootness in 'Seriously Delinquent Tax Debt' Cases under 26 U.S.C. § 7345

Date: Jan 28, 2022

Defining Jurisdictional Limits and Mootness in 'Seriously Delinquent Tax Debt' Cases under 26 U.S.C. § 7345 Introduction The case Vivian Ruesch v. Commissioner of Internal Revenue, adjudicated by the...

Second Circuit Establishes Strict Falsity Requirements in LIBOR-Related Wire Fraud Cases

Date: Jan 28, 2022

Second Circuit Establishes Strict Falsity Requirements in LIBOR-Related Wire Fraud Cases Introduction In the landmark case of United States of America v. Matthew Connolly and Gavin Campbell Black,...

Clarifying Successor Liability Under ERISA: C&S Wholesale Grocers v. New York State Teamsters Conference Pension and Retirement Fund

Date: Jan 28, 2022

Clarifying Successor Liability Under ERISA: C&S Wholesale Grocers v. New York State Teamsters Conference Pension and Retirement Fund Introduction In the landmark case New York State Teamsters...

Establishing Municipal Vicarious Liability Despite Qualified Immunity: Triolo v. Nassau County

Date: Jan 22, 2022

Establishing Municipal Vicarious Liability Despite Qualified Immunity: Triolo v. Nassau County Introduction The case of Daniel Triolo v. Nassau County, adjudicated by the United States Court of...

Second Circuit Affirms Proximate Causation in RICO Claims of Fraud on Bankruptcy Court

Date: Jan 20, 2022

Second Circuit Affirms Proximate Causation in RICO Claims of Fraud on Bankruptcy Court Introduction The case of Jay Alix, Plaintiff-Appellant, v. McKinsey & Co., Inc. before the United States Court...

Reaffirming the Treating Physician Rule in Disability Determinations: Colgan v. Kijakazi

Date: Jan 4, 2022

Reaffirming the Treating Physician Rule in Disability Determinations: Colgan v. Kijakazi Introduction Rachel Colgan, employed as a special education teacher, sustained serious injuries while...

Second Circuit Establishes Standards for Antitrust Standing and Conspiracy-Based Jurisdiction in LIBOR Manipulation Litigation

Date: Dec 31, 2021

Second Circuit Establishes Standards for Antitrust Standing and Conspiracy-Based Jurisdiction in LIBOR Manipulation Litigation Introduction In the landmark case involving allegations of manipulation...

Second Circuit Reverses Summary Judgment in FTCA Slip-and-Fall Case, Emphasizes Constructive Notice Requirements under New York Law

Date: Dec 29, 2021

Second Circuit Reverses Summary Judgment in FTCA Slip-and-Fall Case, Emphasizes Constructive Notice Requirements under New York Law Introduction In the case of Carmen Borley v. United States of...

Second Circuit Reverses Rule 11 Sanctions on RICO Claims Alleging Usurious Debt Collection

Date: Dec 29, 2021

Second Circuit Reverses Rule 11 Sanctions on RICO Claims Alleging Usurious Debt Collection Introduction In the case of Sidney N. Weiss v. David Benrimon Fine Art LLC et al., the United States Court...

Inclusivity of Defense Costs in Reinsurance Contracts: A New Precedent

Date: Dec 29, 2021

Inclusivity of Defense Costs in Reinsurance Contracts: A New Precedent Introduction The case of Global Reinsurance Corporation of America v. Century Indemnity Company ([22 F.4th 83](#citation))...

Clarifying Business Interruption Insurance: Physical Damage Requirement Affirmed in 10012 Holdings, Inc. v. Sentinel Insurance Company, Ltd.

Date: Dec 28, 2021

Clarifying Business Interruption Insurance: Physical Damage Requirement Affirmed in 10012 Holdings, Inc. v. Sentinel Insurance Company, Ltd. Introduction In the landmark case of 10012 Holdings, Inc....