2d Circuit Case Commentaries

Enhancing Evidentiary Standards in ADEA Claims: Second Circuit's Approach to Direct Discriminatory Evidence

Date: Dec 3, 2016

Enhancing Evidentiary Standards in ADEA Claims: Second Circuit's Approach to Direct Discriminatory Evidence Introduction The case of Maria Martinez, as Executor of the Estate of Oscar Martinez et al....

Enhancing Consumer Protection: Strubel v. Comenity Bank Sets New Standards for TILA Disclosures

Date: Nov 24, 2016

Enhancing Consumer Protection: Strubel v. Comenity Bank Sets New Standards for TILA Disclosures Introduction In the landmark case of Abigail Strubel v. Comenity Bank, decided on November 23, 2016,...

Incomprehensible §2254 Petitions as 'On the Merits': The Garcia Decision

Date: Nov 11, 2016

Incomprehensible §2254 Petitions as 'On the Merits': The Garcia Decision Introduction Garcia v. Superintendent of Great Meadow Correctional Facility, 841 F.3d 581 (2d Cir. 2016), is a pivotal case...

Enforcement of Collateral Attack Waivers Upheld in Sanford v. United States

Date: Nov 10, 2016

Enforcement of Collateral Attack Waivers Upheld in Sanford v. United States Introduction Sanford v. United States, 841 F.3d 578 (2d Cir. 2016), is a pivotal case addressing the enforceability of...

Second Circuit Reclassifies 'Collective' as Suggestive Trademark, Clarifying Inherent Distinctiveness Standards

Date: Nov 8, 2016

Second Circuit Reclassifies 'Collective' as Suggestive Trademark, Clarifying Inherent Distinctiveness Standards Introduction In the landmark case Cross Commerce Media, Inc. v. Collective, Inc., the...

Federal Preemption of Local Airport Regulations Under ANCA: Analysis of Friends of E. Hampton Airport v. Town of E. Hampton

Date: Nov 5, 2016

Federal Preemption of Local Airport Regulations Under ANCA: Analysis of Friends of East Hampton Airport v. Town of East Hampton Introduction In the landmark case Friends of the East Hampton Airport,...

Lock-Up Agreements and Beneficial Ownership: Insights from Lowinger v. Morgan Stanley

Date: Nov 4, 2016

Lock-Up Agreements and Beneficial Ownership: Insights from Lowinger v. Morgan Stanley Introduction The case of Robert Lowinger et al. v. Morgan Stanley & Co. LLC et al., decided by the United States...

Establishing Probable Cause in False Arrest Claims: Insights from Mitchell v. City of New York

Date: Oct 29, 2016

Establishing Probable Cause in False Arrest Claims: Insights from Mitchell v. City of New York Introduction Mitchell v. City of New York, 841 F.3d 72 (2d Cir. 2016), marks a significant appellate...

Clarifying the Application of Travel Act and Honest Services Fraud in Wilson-Pakula Bribery Scheme

Date: Oct 21, 2016

Clarifying the Application of Travel Act and Honest Services Fraud in Wilson-Pakula Bribery Scheme Introduction The case titled United States of America v. Daniel J. Halloran et al. (664 F. App'x 23)...

Second Circuit Affirms Denial of Leave to Amend False Arrest and Monell Claims in Occupy Wall Street Arrests

Date: Oct 14, 2016

Second Circuit Affirms Denial of Leave to Amend False Arrest and Monell Claims in Occupy Wall Street Arrests Introduction The case of Garcia et al. v. Bloomberg et al. involves a group of Plaintiffs,...

Affirmed Dismissal in TCA Television Corp. v. McCollum: Establishing Copyright Ownership and Fair Use Limitations

Date: Oct 12, 2016

Affirmed Dismissal in TCA Television Corp. v. McCollum: Establishing Copyright Ownership and Fair Use Limitations Introduction In TCA Television Corp., Hi Neighbor, Diana Abbott Colton,...

Enforcement of Non-Solicitation Clauses and Damages Caps in ISO Agreements: Process America, Inc. v. Cynergy Holdings, LLC

Date: Oct 6, 2016

Enforcement of Non-Solicitation Clauses and Damages Caps in ISO Agreements: Process America, Inc. v. Cynergy Holdings, LLC Introduction The case of Process America, Inc. v. Cynergy Holdings, LLC...

Second Circuit Affirms Ricciuti: Fabricated Officer Observations Constitute Denial of Right to a Fair Trial Under §1983

Date: Oct 1, 2016

Second Circuit Affirms Ricciuti: Fabricated Officer Observations Constitute Denial of Right to a Fair Trial Under §1983 Introduction In the landmark case Kwame Garnett v. Undercover Officer C0039...

Substantial Evidence Standard Affirmed in Johnson v. Colvin

Date: Sep 30, 2016

Substantial Evidence Standard Affirmed in Johnson v. Colvin Introduction In the case of Moses Johnson II, Plaintiff-Appellant, v. Carolyn W. Colvin, Acting Commissioner of Social Security,...

Vivendi S.A. Affirmed for Securities Fraud: Defining Liquidity Risk Misstatements

Date: Sep 28, 2016

Vivendi S.A. Affirmed for Securities Fraud: Defining Liquidity Risk Misstatements Introduction The case of In re Vivendi, S.A. Securities Litigation (838 F.3d 223) presents a pivotal moment in...

Implied Permission and Scope of Employment under FTCA: Fountain v. Karim

Date: Sep 24, 2016

Implied Permission and Scope of Employment under FTCA: Fountain v. Karim Introduction Fountain v. Karim, 838 F.3d 129 (2d Cir. 2016), is a pivotal case that examines the boundaries of the Federal...

Affirming the Application of the Economic Substance Doctrine and Mens Rea in Tax Shelter Fraud: US v. Daugerdas

Date: Sep 22, 2016

Affirming the Application of the Economic Substance Doctrine and Mens Rea in Tax Shelter Fraud: United States v. Daugerdas Introduction The case of The United States of America v. Paul M. Daugerdas,...

Affirmation of Habeas Corpus Denial in Bowman v. Green Haven Correctional Facility: Implications for Evidentiary Rules and Due Process

Date: Sep 10, 2016

Affirmation of Habeas Corpus Denial in Bowman v. Green Haven Correctional Facility: Implications for Evidentiary Rules and Due Process Introduction In the case of Edward Bowman v. Green Haven...

Affirmation of Dismissal in Age Discrimination Claims: Marc Marcus v. Leviton Manufacturing Company

Date: Sep 3, 2016

Affirmation of Dismissal in Age Discrimination Claims: Marc Marcus v. Leviton Manufacturing Company Introduction The case of Marc Marcus v. Leviton Manufacturing Company, Inc. addressed significant...

Supervisory Liability and Eighth Amendment Standards Affirmed in Correctional Misconduct Case

Date: Sep 2, 2016

Supervisory Liability and Eighth Amendment Standards Affirmed in Correctional Misconduct Case Introduction In the case of Michael Shaw v. S. Prindle et al., the Plaintiff-Appellant, Michael Shaw, a...

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