2d Circuit Case Commentaries

Affirming Total Debt Disclosure Sufficiency under FDCPA: Kolbasyuk v. Capital Management Services, LP

Date: Mar 13, 2019

Affirming Total Debt Disclosure Sufficiency under FDCPA: Kolbasyuk v. Capital Management Services, LP Introduction In Yuri Kolbasyuk v. Capital Management Services, LP, the United States Court of...

Calmare Therapeutics v. GEOMC Co.: Second Circuit Clarifies Payment Obligations in Licensing Agreements

Date: Mar 13, 2019

Calmare Therapeutics v. GEOMC Co.: Second Circuit Clarifies Payment Obligations in Licensing Agreements Introduction The case of Calmare Therapeutics Inc. v. GEOMC Co., Ltd. (918 F.3d 92) was...

Mailbox Rule Not Applicable to FTCA Claims: Insights from Cooke v. United States (918 F.3d 77)

Date: Mar 8, 2019

Mailbox Rule Not Applicable to FTCA Claims: Insights from Cooke v. United States (918 F.3d 77) Introduction Cooke v. United States is a pivotal case adjudicated by the United States Court of Appeals...

Second Circuit Establishes Hostile Work Environment Claims as Cognizable under the ADA: Fox v. Costco

Date: Mar 7, 2019

Second Circuit Establishes Hostile Work Environment Claims as Cognizable under the ADA: Fox v. Costco Introduction The case Christopher Fox v. Costco Wholesale Corporation, reported at 918 F.3d 65,...

Generic Corporate Compliance Statements Insufficient for Securities Fraud Claims: Singh v. Cigna Corp.

Date: Mar 6, 2019

Generic Corporate Compliance Statements Insufficient for Securities Fraud Claims: Singh v. Cigna Corp. Introduction Singh v. Cigna Corp. is a pivotal case adjudicated by the United States Court of...

Affirmation of Summary Judgment in First Amendment Retaliation Claims within Correctional Facilities

Date: Feb 28, 2019

Affirmation of Summary Judgment in First Amendment Retaliation Claims within Correctional Facilities Introduction In the case of Andrew Williams v. Jean G. King et al., the United States Court of...

Madoff Liquidation: Extending Bankruptcy Recovery to Foreign Transferees

Date: Feb 26, 2019

Madoff Liquidation: Extending Bankruptcy Recovery to Foreign Transferees Introduction The case In re: Irving H. Picard, Trustee for the Liquidation of Bernard L. Madoff Investment Securities LLC (917...

Second Circuit Establishes Relation Back for Non-John Doe Amendments in §1983 Cases: Ceara v. Deacon

Date: Feb 22, 2019

Second Circuit Establishes Relation Back for Non-John Doe Amendments in §1983 Cases: Ceara v. Deacon Introduction In Ceara v. Deacon, the United States Court of Appeals for the Second Circuit...

Successor Liability and Personal Jurisdiction: U.S. Bank National Association v. Bank of America N.A.

Date: Feb 16, 2019

Successor Liability and Personal Jurisdiction: U.S. Bank National Association v. Bank of America N.A. 1. Introduction The case of U.S. Bank National Association, as Successor (Wells Fargo Bank, NA),...

Second Circuit Affirms Abstention from Federal Review of State Guardianship Procedures for the Disabled under Younger and O'Shea Doctrines

Date: Feb 16, 2019

Second Circuit Affirms Abstention from Federal Review of State Guardianship Procedures for the Disabled under Younger and O'Shea Doctrines Introduction The case of Disability Rights New York (DRNY)...

Second Circuit Upholds Liberal Interpretation of Rule 8 and 20 in §1915A Dismissals for Pro Se Prisoners: Harnage v. Lightner

Date: Feb 16, 2019

Second Circuit Upholds Liberal Interpretation of Rule 8 and 20 in §1915A Dismissals for Pro Se Prisoners: Harnage v. Lightner Introduction In the case of James A. Harnage v. Rikel Lightner et al.,...

Second Circuit Upholds Electricity Supplier's Discretion in Variable Rate Contracts

Date: Feb 5, 2019

Second Circuit Upholds Electricity Supplier's Discretion in Variable Rate Contracts Introduction In the case of Gary W. Richards v. Direct Energy Services, LLC (915 F.3d 88, 2019), the United States...

Bellamy v. City of New York: Establishing Accountability for Law Enforcement Conduct under Monell Doctrine

Date: Jan 30, 2019

Bellamy v. City of New York: Establishing Accountability for Law Enforcement Conduct under Monell Doctrine Introduction Kareem Bellamy, the plaintiff-appellant, faced serious criminal charges in New...

Enhanced Scrutiny on Vocational Expert Testimony in Disability Insurance Appeals: Lockwood v. SSA

Date: Jan 24, 2019

Enhanced Scrutiny on Vocational Expert Testimony in Disability Insurance Appeals: Lockwood v. SSA 914 F.3d 87, United States Court of Appeals for the Second Circuit, January 23, 2019 Introduction The...

Affirmation of Residual Functional Capacity in Social Security Disability Claims: Corbiere v. Berryhill

Date: Jan 24, 2019

Affirmation of Residual Functional Capacity in Social Security Disability Claims: Corbiere v. Berryhill Introduction In the case of Kerry Ann Corbiere v. Nancy A. Berryhill, the Plaintiff-Appellant,...

Defining Temporary Impairments: Second Circuit Reaffirms ADA Disability Requirements

Date: Jan 17, 2019

Defining Temporary Impairments: Second Circuit Reaffirms ADA Disability Requirements Introduction The case of Yvonne Francis v. Hartford Board of Education addressed critical questions surrounding...

Affirmation of Individual Liability and Disgorgement Standards under FTCA and FDCPA in FTC v. Moses and Briandi

Date: Jan 12, 2019

Affirmation of Individual Liability and Disgorgement Standards under FTCA and FDCPA in FTC v. Moses and Briandi Introduction The case of Federal Trade Commission (FTC) v. William Moses and Mark...

Second Circuit Reaffirms Necessity for Narrowly Tailored Supervised Release Conditions: Internet and Pornography Bans in Eaglin v. USA

Date: Jan 12, 2019

Second Circuit Reaffirms Necessity for Narrowly Tailored Supervised Release Conditions: Internet and Pornography Bans in Eaglin v. United States Introduction In the landmark case United States of...

Enforceability of Hidden Arbitration Clauses: Insights from Adam J. Starke v. SquareTrade, Inc.

Date: Jan 11, 2019

Enforceability of Hidden Arbitration Clauses: Insights from Adam J. Starke v. SquareTrade, Inc. Introduction The case of Adam J. Starke, Individually and On Behalf of All Others Similarly Situated v....

Absolute Immunity for Prosecutors Confirmed in Ogunkoya v. Defendants

Date: Jan 10, 2019

Absolute Immunity for Prosecutors Confirmed in Ogunkoya v. Defendants Introduction In the landmark case of Seun Ogunkoya, Plaintiff-Appellee, v. Mark Monaghan, James Egan, County of Monroe, et al.,...

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