2d Circuit Case Commentaries

Expanding Jurisdiction Under the Magnuson-Moss Warranty Act: Pyskaty v. Wide World of Cars

Date: May 11, 2017

Expanding Jurisdiction Under the Magnuson-Moss Warranty Act: Pyskaty v. Wide World of Cars Introduction In the landmark case Maya Pyskaty v. Wide World of Cars, LLC, adjudicated by the United States...

Affirming Derivative Claims and Supplemental Jurisdiction Under CAFA: Insights from F5 Capital v. Petros Pappas

Date: Apr 27, 2017

Affirming Derivative Claims and Supplemental Jurisdiction Under CAFA: Insights from F5 Capital v. Petros Pappas Introduction The case of F5 Capital, a Cayman Islands Corporation, Plaintiff–Appellant,...

Res Judicata and Bankruptcy Proceedings: Second Circuit Reverses Dismissal in Brown Media v. K&L Gates

Date: Apr 15, 2017

Res Judicata and Bankruptcy Proceedings: Second Circuit Reverses Dismissal in Brown Media v. K&L Gates Introduction The case of Brown Media Corporation, Roy E. Brown, Plaintiffs–Appellants versus K&L...

Independent Contractor Status Affirmed for Black-Car Drivers under FLSA in Saleem v. Corporate Transportation Group

Date: Apr 13, 2017

Independent Contractor Status Affirmed for Black-Car Drivers under FLSA in Saleem v. Corporate Transportation Group Introduction In the landmark case Mazhar Saleem, et al. v. Corporate Transportation...

Timeliness of Prejudgment Interest Motions Post-Remittitur: Tru-Art Sign Co. v. Local 137

Date: Mar 30, 2017

Timeliness of Prejudgment Interest Motions Post-Remittitur: Tru-Art Sign Co. v. Local 137 Introduction The case of Tru-Art Sign Co., Inc. v. Local 137 Sheet Metal Workers International Association...

Expansion of Title VII Protections: Gender Stereotyping and Sexual Orientation Discrimination in Christiansen v. Omnicom

Date: Mar 28, 2017

Expansion of Title VII Protections: Gender Stereotyping and Sexual Orientation Discrimination in Christiansen v. Omnicom Introduction In Christiansen v. Omnicom Group, Inc., 852 F.3d 195 (2d Cir....

Protection of Attorney Independence Reinforced: Restricting Non-Lawyer Investment in For-Profit Law Firms Upheld in Second Circuit

Date: Mar 25, 2017

Protection of Attorney Independence Reinforced: Restricting Non-Lawyer Investment in For-Profit Law Firms Upheld in Second Circuit Introduction In the landmark case Jacoby & Meyers, LLP v. The...

Second Circuit Affirms Arbitration Award Confirmation: Clarifications on Manifest Disregard and Reasoned Awards under the Federal Arbitration Act

Date: Mar 24, 2017

Second Circuit Affirms Arbitration Award Confirmation: Clarifications on Manifest Disregard and Reasoned Awards under the Federal Arbitration Act Introduction The case of Tully Construction Co.,...

Reaffirming Tax Court Jurisdiction Over Additional Deficiencies: Chai v. Commissioner of Internal Revenue

Date: Mar 21, 2017

Reaffirming Tax Court Jurisdiction Over Additional Deficiencies: Chai v. Commissioner of Internal Revenue Introduction The case of Jason Chai v. Commissioner of Internal Revenue (851 F.3d 190)...

Affirmation of Denied Sanctions: Sorenson v. Wolfson Establishes Restraint in Rule 11 Enforcement

Date: Mar 17, 2017

Affirmation of Denied Sanctions: Sorenson v. Wolfson Establishes Restraint in Rule 11 Enforcement Introduction In Sorenson v. Wolfson, 16-1224 (2d Cir. 2017), the United States Court of Appeals for...

Schaffer v. United States: Defining Miranda Custody and Upholding Rule 413 in Sexual Assault Cases

Date: Mar 16, 2017

Schaffer v. United States: Defining Miranda Custody and Upholding Rule 413 in Sexual Assault Cases Introduction Schaffer v. United States (851 F.3d 166, 2d Cir. 2017) is a pivotal case that addresses...

Affirmation of ALJ's Discretion in Evaluating Medical Evidence and Credibility in SSDI Appeals

Date: Mar 4, 2017

Affirmation of ALJ's Discretion in Evaluating Medical Evidence and Credibility in SSDI Appeals Introduction The case of Joseph Tricarico v. Carolyn W. Colvin adjudicated by the United States Court of...

Objective Standard for Deliberate Indifference Established in Ke v. Darnell

Date: Feb 22, 2017

Objective Standard for Deliberate Indifference Established in Ke v. Darnell Introduction Ke v. Darnell et al. (849 F.3d 17, 2d Cir. 2017) addresses significant issues regarding the constitutional...

Ke v. Darnell: Establishing an Objective Standard for 'Deliberate Indifference' in Pretrial Detainee Confinement Claims

Date: Feb 22, 2017

Ke v. Darnell: Establishing an Objective Standard for 'Deliberate Indifference' in Pretrial Detainee Confinement Claims Introduction The case of Ke v. Darnell addresses significant constitutional...

Enhanced Procedural Due Process in Administrative Segregation: Proctor v. Leclaire

Date: Jan 25, 2017

Enhanced Procedural Due Process in Administrative Segregation: Proctor v. Leclaire Introduction Proctor v. Leclaire, 846 F.3d 597 (2d Cir. 2017), is a pivotal case that addresses the constitutional...

Affirmation of Civil Rights Violations in Wrongful Conviction: Restivo and Halstead v. Hessemann

Date: Jan 20, 2017

Affirmation of Civil Rights Violations in Wrongful Conviction: Restivo and Halstead v. Hessemann Introduction The case of John Restivo and Dennis Halstead v. Carolann Hessemann represents a pivotal...

Controlling Weight of Treating Physician's Opinion in Disability Claims: Monroe v. Commissioner of Social Security

Date: Jan 19, 2017

Controlling Weight of Treating Physician's Opinion in Disability Claims: Monroe v. Commissioner of Social Security Introduction In the case of Cindy Monroe v. Commissioner of Social Security, the...

ERISA Standing and Injury-in-Fact: Second Circuit Affirms Dismissal in Pension Fund Fiduciary Duty Case

Date: Dec 9, 2016

ERISA Standing and Injury-in-Fact: Second Circuit Affirms Dismissal in Pension Fund Fiduciary Duty Case Introduction In Trustees of the Upstate New York Engineers Pension Fund v. Ivy Asset...

Clarifying Jury Instructions on Excessive Force under §1983: Jarquez Dancy v. Jayvon Elting

Date: Dec 8, 2016

Clarifying Jury Instructions on Excessive Force under §1983: Jarquez Dancy v. Jayvon Elting Introduction In Jarquez Dancy v. Jayvon Elting, 843 F.3d 93 (2d Cir. 2016), the United States Court of...

Attorney Liability Under Securities Law: SEC v. Sourlis Comprehensive Analysis

Date: Dec 7, 2016

Attorney Liability Under Securities Law: SEC v. Sourlis Comprehensive Analysis Introduction The case of SEC v. Virginia K. Sourlis, decided by the United States Court of Appeals for the Second...

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