2d Circuit Case Commentaries

Walsh v. NYCHA: Second Circuit Emphasizes Comprehensive Evidence Review in Sex Discrimination Litigation

Date: Jul 8, 2016

Walsh v. NYCHA: Second Circuit Emphasizes Comprehensive Evidence Review in Sex Discrimination Litigation Introduction In the landmark case of Rita Walsh v. New York City Housing Authority (NYCHA),...

Specificity Requirement for Objections in Magistrate Judge Reports Affirmed in Benitez v. Parmer et al

Date: Jul 1, 2016

Specificity Requirement for Objections in Magistrate Judge Reports Affirmed in Benitez v. Parmer et al Introduction In the case of Henry Benitez v. William Parmer et al., the United States Court of...

Determining Citizenship of National Banks for Diversity Jurisdiction: OneWest Bank v. Melina

Date: Jun 30, 2016

Determining Citizenship of National Banks for Diversity Jurisdiction: OneWest Bank v. Melina Introduction The case of OneWest Bank, N.A. v. Robert W. Melina (827 F.3d 214) addresses a pivotal...

Affirmation of ALJ's Residual Functional Capacity Findings in Social Security Disability Claims

Date: Jun 16, 2016

Affirmation of ALJ's Residual Functional Capacity Findings in Social Security Disability Claims Introduction In the case of Brian Michael Camille v. Carolyn W. Colvin, Acting Commissioner of Social...

Affirmation of Qualified Immunity in Bivens Claim: McGowan v. United States

Date: Jun 8, 2016

Affirmation of Qualified Immunity in Bivens Claim: McGowan v. United States Introduction The case of Daniel McGowan v. United States of America, adjudicated by the United States Court of Appeals for...

Preclusion of District Court Jurisdiction in SEC Administrative Proceedings: Insights from Tilton v. SEC

Date: Jun 2, 2016

Preclusion of District Court Jurisdiction in SEC Administrative Proceedings: Insights from Tilton v. SEC Introduction The case of Lynn Tilton, Patriarch Partners, LLC, et al. v. Securities and...

Public Policy and the Enforceability of Separation Agreements in Qui Tam Actions: Analysis of United States ex rel. Michael A. Ladas v. Exelis, Inc.

Date: May 26, 2016

Public Policy and the Enforceability of Separation Agreements in Qui Tam Actions: Analysis of United States ex rel. Michael A. Ladas v. Exelis, Inc. Introduction In the landmark case United States of...

Contemporaneous Fraudulent Intent Required for Fraud Claims Based on Contractual Breach: Insights from United States ex rel. O'Donnell v. Countrywide

Date: May 24, 2016

Contemporaneous Fraudulent Intent Required for Fraud Claims Based on Contractual Breach: Insights from United States ex rel. O'Donnell v. Countrywide Introduction The case of United States ex rel....

Second Circuit Recognizes Antitrust Standing in Horizontal Price-Fixing Conspiracy

Date: May 24, 2016

Second Circuit Recognizes Antitrust Standing in Horizontal Price-Fixing Conspiracy Introduction The case of Ellen Gelboim et al. v. Bank of America Corporation et al. involved plaintiffs alleging...

Application of the Doctrine of Uberrimae Fidei in Marine Insurance: Fireman's Fund v. Great American Insurance

Date: May 21, 2016

Application of the Doctrine of Uberrimae Fidei in Marine Insurance: Fireman's Fund v. Great American Insurance Introduction In the landmark case of Fireman's Fund Insurance Company, et al. v. Great...

Cumulative Procedural Violations in IEPs Result in FAPE Deprivation

Date: May 21, 2016

Cumulative Procedural Violations in IEPs Result in FAPE Deprivation Introduction The case of L.O. v. New York City Department of Education (822 F.3d 95) adjudicated by the United States Court of...

Second Circuit Upholds Procedural Due Process in SVP Initiative Commitments

Date: May 18, 2016

Second Circuit Upholds Procedural Due Process in SVP Initiative Commitments Introduction The case of Robert Warren, Charles Brooks, Consolidated Plaintiffs–Appellants versus George Pataki et al.,...

Affirmation of Dismissal in Apotex Inc. v. Acorda Therapeutics: Implications for Antitrust and False Advertising Claims in Pharmaceutical Competition

Date: May 17, 2016

Affirmation of Dismissal in Apotex Inc. v. Acorda Therapeutics: Implications for Antitrust and False Advertising Claims in Pharmaceutical Competition Introduction The legal dispute between Apotex...

Restricting Third-Party Standing under ERISA and MHPAEA: Second Circuit Affirms Statutory and Constitutional Limits

Date: May 14, 2016

Restricting Third-Party Standing under ERISA and MHPAEA: Second Circuit Affirms Statutory and Constitutional Limits Introduction The case of American Psychiatric Association, et al. v. Anthem Health...

Second Circuit Establishes 'Inherently Transitory' Exception for Class Actions in Student Loan Discharge Cases

Date: May 13, 2016

Second Circuit Establishes 'Inherently Transitory' Exception for Class Actions in Student Loan Discharge Cases Introduction In the landmark case Salazar, Marilyn Mercado, Ana Bernardez, Jeannette...

Agency Principles and Article III Standing in Class Actions: Second Circuit's Ruling in Marissa Carter v. HealthPort Technologies

Date: May 11, 2016

Agency Principles and Article III Standing in Class Actions: Second Circuit's Ruling in Marissa Carter v. HealthPort Technologies Introduction The case of Marissa Carter, E v. Lyn Grys, Bruce...

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