2d Circuit Case Commentaries

Media Exclusion Clarified: Broadcasting Defined in Dish Network v. Ace American Insurance Company

Date: Dec 23, 2021

Media Exclusion Clarified: Broadcasting Defined in Dish Network v. Ace American Insurance Company Introduction In the landmark case Dish Network Corporation v. Ace American Insurance Company, the...

Second Circuit Upholds Use of §3553(a) Factors in Denying Compassionate Release: United States v. Keitt

Date: Dec 23, 2021

Second Circuit Upholds Use of §3553(a) Factors in Denying Compassionate Release: United States v. Keitt Introduction In United States of America v. Jayvon Keitt, the United States Court of Appeals...

Clarifying Rule 10b-5(b): Misleading Statements and Omissions in Securities Litigation

Date: Dec 18, 2021

Clarifying Rule 10b-5(b): Misleading Statements and Omissions in Securities Litigation Introduction The case of Salamon Gimpel, Rosewood Funeral Home, et al. v. The Hain Celestial Group, Inc., et al....

Second Circuit Upholds Trustee's Exclusive Authority to Seek Stay Pending Appeal in Chapter 7 Bankruptcy Conversions

Date: Dec 16, 2021

Second Circuit Upholds Trustee's Exclusive Authority to Seek Stay Pending Appeal in Chapter 7 Bankruptcy Conversions Introduction The case of In Re: 461 7th Avenue Market, Inc., Debtor, v. Delshah...

RICO Conspiracy Not Considered a Crime of Violence under § 924(j): Capers Decision

Date: Dec 15, 2021

RICO Conspiracy Not Considered a Crime of Violence under § 924(j): Capers Decision Introduction The case of United States of America v. James Capers addresses significant legal questions regarding...

Second Circuit Upholds NYC COVID-19 Vaccine Mandate but Criticizes Accommodation Procedures

Date: Nov 29, 2021

Second Circuit Upholds NYC COVID-19 Vaccine Mandate but Criticizes Accommodation Procedures Introduction In the landmark case Michael Kane et al. v. Bill de Blasio et al., adjudicated by the United...

Second Circuit Reaffirms Plausibility of Securities Fraud Claims Based on Circumstantial Evidence: Altimeo Asset Management v. Qihoo 360

Date: Nov 25, 2021

Second Circuit Reaffirms Plausibility of Securities Fraud Claims Based on Circumstantial Evidence: Altimeo Asset Management v. Qihoo 360 Introduction In the case of Altimeo Asset Management and ODS...

Affirmation of Denial for Compassionate Release: Implications of UNITED STATES v. CHRIS KIMBELL

Date: Nov 23, 2021

Affirmation of Denial for Compassionate Release: Implications of UNITED STATES v. CHRIS KIMBELL Introduction The case of UNITED STATES OF AMERICA v. CHRIS KIMBELL adjudicated by the United States...

Second Circuit Clarifies Materiality Standards under the False Claims Act: United States ex rel. Foreman v. AECOM

Date: Nov 20, 2021

Second Circuit Clarifies Materiality Standards under the False Claims Act: United States ex rel. Foreman v. AECOM Introduction In United States ex rel. Foreman v. AECOM, 19 F.4th 85 (2021), the...

Establishing Fraudulent Intent in Grant Misuse: United States v. Ste Judgment Analysis

Date: Nov 20, 2021

Establishing Fraudulent Intent in Grant Misuse: United States v. Ste Judgment Analysis Introduction The case of United States of America, Appellant-Cross-Appellee, v. Steve S. Jabar et al.,...

Article III Standing in Statutory Damages Actions: Second Circuit Rules Maddoxes Lack Concrete Harm

Date: Nov 18, 2021

Article III Standing in Statutory Damages Actions: Second Circuit Rules Maddoxes Lack Concrete Harm Introduction The case of Maddox v. Bank of New York Mellon Trust Company, N.A. (19 F.4th 58)...

Balancing Extraordinary and Compelling Reasons with Sentencing Factors in Compassionate Release: United States v. Mark Jones

Date: Nov 17, 2021

Balancing Extraordinary and Compelling Reasons with Sentencing Factors in Compassionate Release: United States v. Mark Jones Introduction The case of United States of America v. Mark Jones addresses...

Limits on Religious Accommodations for COVID-19 Vaccination Requirements under Section 2.61 and Title VII

Date: Nov 13, 2021

Limits on Religious Accommodations for COVID-19 Vaccination Requirements under Section 2.61 and Title VII Introduction The case We The Patriots USA, Inc. et al. v. Hochul (17 F.4th 368) adjudicated...

Affirmation of Special Needs Exception in Warrantless Firearm Seizure: Torcivia v. Suffolk County

Date: Nov 10, 2021

Affirmation of Special Needs Exception in Warrantless Firearm Seizure: Torcivia v. Suffolk County Introduction In the case of Wayne Torcivia v. Suffolk County, New York, the United States Court of...

Second Circuit Clarifies Application of Affiliate Rule in Securities Fraud Conspiracy Cases

Date: Nov 6, 2021

Second Circuit Clarifies Application of Affiliate Rule in Securities Fraud Conspiracy Cases Introduction In the landmark case United States of America v. Uri Landesman et al., the United States Court...

Second Circuit Upholds Restrictions on Viewing Pornography in Supervised Release for Child Sex Offenders

Date: Nov 5, 2021

Second Circuit Upholds Restrictions on Viewing Pornography in Supervised Release for Child Sex Offenders Introduction In the case of United States of America v. Ricky J. Bilyou, the United States...

Second Circuit Upholds New York's COVID-19 Vaccine Mandate for Healthcare Personnel Without Religious Exemptions

Date: Nov 5, 2021

Second Circuit Upholds New York's COVID-19 Vaccine Mandate for Healthcare Personnel Without Religious Exemptions Introduction In the landmark case We The Patriots USA, Inc. et al. v. Kathleen Hochul...

42 U.S.C. § 290dd-2(a) Does Not Create Personal Rights Under §1983: Schlosser v. Kwak et al.

Date: Nov 3, 2021

42 U.S.C. § 290dd-2(a) Does Not Create Personal Rights Under §1983: Schlosser v. Kwak et al. Introduction In Schlosser v. Kwak et al., the United States Court of Appeals for the Second Circuit...

Affirmation of Dismissal for Duty of Fair Representation Claims by Public Employees Under NLRA

Date: Oct 30, 2021

Affirmation of Dismissal for Duty of Fair Representation Claims by Public Employees Under NLRA Introduction In the landmark decision of Dr. Rupert Green v. Department of Education of the City of New...

Contracts Clause Claims Against Retroactive Lease Guaranty Laws Must Undergo Substantive Review: Second Circuit

Date: Oct 29, 2021

Contracts Clause Claims Against Retroactive Lease Guaranty Laws Must Undergo Substantive Review: Second Circuit Introduction In the wake of the COVID-19 pandemic, governments worldwide enacted...