2d Circuit Case Commentaries

Claim Preclusion Applies to Small Claims Court Judgments in FLSA Actions: Simmons v. Trans Express Inc.

Date: Oct 27, 2021

Claim Preclusion Applies to Small Claims Court Judgments in FLSA Actions: Simmons v. Trans Express Inc. Introduction The case of Charlene Simmons v. Trans Express Inc. revisits the doctrine of claim...

Exhaustion of Administrative Remedies in RLUIPA: Green Haven Prison Case

Date: Oct 19, 2021

Exhaustion of Administrative Remedies in RLUIPA: Green Haven Prison Case Introduction The case of Green Haven Prison Preparative Meeting of the Religious Society of Friends, et al. v. New York State...

Second Circuit Upholds Aggravated Felony Classification for Connecticut Drug Offenses

Date: Oct 16, 2021

Second Circuit Upholds Aggravated Felony Classification for Connecticut Drug Offenses Introduction In the case of Jimmy Chery, Aka Kevin Junior Chery, Kimanie Tavoy Graham, Petitioners, v. Merrick B....

Second Circuit Establishes Key Distinction in First Amendment Retaliation Claims for Public Employees

Date: Oct 7, 2021

Second Circuit Establishes Key Distinction in First Amendment Retaliation Claims for Public Employees Introduction The case of Scott P. Specht v. The City of New York, Thomas Kane, and John David...

Admissibility of Expert Testimony in Diversity Jurisdiction: Sarkees v. DuPont Sets New Federal Precedence

Date: Oct 7, 2021

Admissibility of Expert Testimony in Diversity Jurisdiction: Sarkees v. DuPont Sets New Federal Precedence Introduction Case: James H. Sarkees, Plaintiff-Appellant, Deborah J. Sarkees, Plaintiff, v....

United States v. Bedi: Second Circuit Limits FDCPA Scope by Overruling E.D.P.

Date: Oct 1, 2021

United States v. Bedi: Second Circuit Limits FDCPA Scope by Overruling E.D.P. Introduction In the landmark decision of United States of America v. Vickram Bedi and Datalink Computer Products, Inc.,...

Strict Adherence to Unanimity in Removal: Taylor v. Medtronic Establishes Firm Timeliness Requirements

Date: Oct 1, 2021

Strict Adherence to Unanimity in Removal: Taylor v. Medtronic Establishes Firm Timeliness Requirements Introduction Brandon Taylor appealed the decision of the United States District Court for the...

Victor Miller v. Horror Inc.: Affirming Independent Contractor Status and Termination Rights Under the Copyright Act

Date: Oct 1, 2021

Victor Miller v. Horror Inc.: Affirming Independent Contractor Status and Termination Rights Under the Copyright Act Introduction The case of Horror Inc., a Massachusetts corporation, Manny Company,...

Affirmation of Dismissal in Due Process §1983 Claim: Insights from Allen v. Stringer

Date: Oct 1, 2021

Affirmation of Dismissal in Due Process §1983 Claim: Insights from Allen v. Stringer Introduction Allen v. Stringer, adjudicated by the United States Court of Appeals for the Second Circuit on...

Comprehensive Commentary on Browe v. CTC Corporation: Restoration Awards Under ERISA

Date: Sep 30, 2021

Restoration Award Must Reflect Full Potential of Deferred Compensation Plans Under ERISA: Browe v. CTC Corporation Introduction The case of Donna Browe et al. v. CTC Corporation (15 F.4th 175)...

Affirmation of Constructive Possession and Joint Criminal Activity: Insights from United States v. Willis & Pierce

Date: Sep 21, 2021

Affirmation of Constructive Possession and Joint Criminal Activity: Insights from United States v. Willis & Pierce Introduction In the case of United States of America v. Larry Willis and Isiah...

NLRB v. Newark Electric: Upholding Alter Ego Doctrine and FVRA Ratification in Labor Relations

Date: Sep 18, 2021

NLRB v. Newark Electric: Upholding Alter Ego Doctrine and FVRA Ratification in Labor Relations Introduction The case of National Labor Relations Board v. Newark Electric Corporation, Newark Electric...

Strict Adherence to Deliberate Indifference Standard in Darby v. Greenman: A Comprehensive Analysis

Date: Sep 17, 2021

Strict Adherence to Deliberate Indifference Standard in Darby v. Greenman: A Comprehensive Analysis Introduction Darby v. Greenman, et al. is a pivotal case adjudicated by the United States Court of...

Limitation of Third-Party Reliance in Fraud Claims: Loreley Financing v. Wells Fargo Securities

Date: Sep 14, 2021

Limitation of Third-Party Reliance in Fraud Claims: Loreley Financing v. Wells Fargo Securities Introduction The case of Loreley Financing (Jersey) Limited et al. v. Wells Fargo Securities, LLC et...

Strict Application of Montreal Convention's Two-Year Limitation Period in Passenger Injury Claims

Date: Sep 11, 2021

Strict Application of Montreal Convention's Two-Year Limitation Period in Passenger Injury Claims Introduction The case of Aryeh Cohen v. American Airlines, Inc. presents a significant judicial...

Fourth Amendment Protections in Commercial Storage Facilities: United States v. McKenzie

Date: Sep 10, 2021

Fourth Amendment Protections in Commercial Storage Facilities: United States v. McKenzie Introduction In the case of United States of America v. Oniel McKenzie, 13 F.4th 223 (2021), the United States...

Affirmation of the Right-to-Control Theory of Wire Fraud: United States v. Percoco et al.

Date: Sep 9, 2021

Affirmation of the Right-to-Control Theory of Wire Fraud: United States v. Percoco et al. Introduction The case of United States of America v. Joseph Percoco, Steven Aiello, Joseph Gerardi, Louis...

Second Circuit Upholds FTCA Discretionary Function Exception and Clarifies Landowner Liability: Cangemi v. United States

Date: Sep 8, 2021

Second Circuit Upholds FTCA Discretionary Function Exception and Clarifies Landowner Liability: Cangemi v. United States Introduction The case of Cangemi v. United States et al., adjudicated by the...

Enforcement of Asset Restraints Against Foreign Banks: Insights from Next Investments LLC v. Chinese Banking Institutions

Date: Aug 31, 2021

Enforcement of Asset Restraints Against Foreign Banks: Insights from Next Investments LLC v. Chinese Banking Institutions Introduction The case of Next Investments, LLC v. Bank of China et al....

Redefining 'Favorable Termination' in Section 1983 Malicious Prosecution: The Tito Kee Decision

Date: Aug 31, 2021

Redefining 'Favorable Termination' in Section 1983 Malicious Prosecution: The Tito Kee Decision Introduction The case of Tito Kee v. The City of New York, adjudicated by the United States Court of...