2d Circuit Case Commentaries

Impact of U.S.S.G. § 1B1.10(b)(1) on Sentence Reduction: Insights from United States v. Carosella

Date: Feb 23, 2018

Impact of U.S.S.G. § 1B1.10(b)(1) on Sentence Reduction: Insights from United States v. Carosella Introduction United States v. Carosella, 883 F.3d 18 (2d Cir. 2018), presents a pivotal examination...

Affirmation of Probable Cause in False Arrest and Rejection of Malicious Prosecution Claims: A Commentary on Burgess v. DeJoseph

Date: Feb 22, 2018

Affirmation of Probable Cause in False Arrest and Rejection of Malicious Prosecution Claims: A Commentary on Burgess v. DeJoseph Introduction Burgess v. DeJoseph is a significant case adjudicated by...

Second Circuit Upholds New York's Nonprofit Donor Disclosure Requirements Under First Amendment

Date: Feb 16, 2018

Second Circuit Upholds New York's Nonprofit Donor Disclosure Requirements Under First Amendment Introduction In Citizens United and Citizens United Foundation v. Eric T. Schneiderman, the United...

Hancock v. County of Rensselaer: Recognizing Fundamental Privacy Rights in Medical Records Under the Fourteenth Amendment

Date: Feb 10, 2018

Hancock v. County of Rensselaer: Recognizing Fundamental Privacy Rights in Medical Records Under the Fourteenth Amendment Introduction Hancock v. County of Rensselaer, 882 F.3d 58 (2d Cir. 2018),...

Establishing Limits on Personal Jurisdiction in Bankruptcy-Related Litigation: SPV Osus Ltd. v. UBS AG

Date: Feb 10, 2018

Establishing Limits on Personal Jurisdiction in Bankruptcy-Related Litigation: SPV Osus Ltd. v. UBS AG Introduction The case of SPV Osus Ltd. v. UBS AG presents a pivotal moment in the adjudication...

Application of Res Judicata in Employment Termination Claims: Insights from Soules v. Connecticut

Date: Feb 9, 2018

Application of Res Judicata in Employment Termination Claims: Insights from Soules v. Connecticut Introduction The case of Gary Soules v. State of Connecticut, Department of Emergency Services and...

Affirmation of Younger Abstention Doctrine in Family Court §1983 Claims

Date: Jan 20, 2018

Affirmation of Younger Abstention Doctrine in Family Court §1983 Claims Introduction The case of Joyelle Bukowski v. Jeffrey Arlen Spinner et al. presents significant insights into the application of...

Affirmation of Commissioner's Denial in Supplemental Social Security Disability Income Application: Morris v. Berryhill

Date: Jan 19, 2018

Affirmation of Commissioner's Denial in Supplemental Social Security Disability Income Application: Morris v. Berryhill Introduction The case of Sheila Jean Morris v. Nancy A. Berryhill, Acting...

Administrative Exhaustion Under Title VII Recognized as Affirmative Defense in Hardaway v. Hartford Public Works

Date: Jan 13, 2018

Administrative Exhaustion Under Title VII Recognized as Affirmative Defense in Hardaway v. Hartford Public Works Introduction In Hardaway v. Hartford Public Works Department, decided by the United...

Second Circuit Establishes Unconstitutional Viewpoint Discrimination in Government Vendor Selection Process

Date: Jan 4, 2018

Second Circuit Establishes Unconstitutional Viewpoint Discrimination in Government Vendor Selection Process Introduction In the landmark case of Wandering Dago, Inc. v. Destito, the United States...

Affirming FSIA Jurisdictional Limits: MMA Consultants v. Republic of Peru

Date: Dec 20, 2017

Affirming Foreign Sovereign Immunities Act (FSIA) Jurisdictional Limits: MMA Consultants v. Republic of Peru Introduction MMA Consultants 1, Inc. v. Republic of Peru is a pivotal case adjudicated by...

Impact of ALJ's Failure to Consider Nebulizer Use on RFC Determination in SSA Disability Claims

Date: Dec 2, 2017

Impact of ALJ's Failure to Consider Nebulizer Use on RFC Determination in SSA Disability Claims Introduction In Richard Raymond Quinto, Jr. v. Nancy A. Berryhill, decided by the United States...

Hague Convention Applicability Determined in Marks v. Hochhauser

Date: Nov 30, 2017

Hague Convention Applicability Determined in Marks v. Hochhauser Introduction The case of Ross Edward Marks, acting on behalf of his minor children, versus Karen Hochhauser, was adjudicated by the...

PETERSON v. ISLAMIC REPUBLIC OF IRAN: Defining Execution Jurisdiction under FSIA for Extraterritorial Assets

Date: Nov 22, 2017

PETERSON v. ISLAMIC REPUBLIC OF IRAN: Defining Execution Jurisdiction under FSIA for Extraterritorial Assets Introduction PETERSON v. ISLAMIC REPUBLIC OF IRAN is a landmark decision by the United...

Bank Markazi v. Peterson: Enhancing Jurisdictional Clarity in Terrorism-Related Asset Seizures

Date: Nov 21, 2017

Bank Markazi v. Peterson: Enhancing Jurisdictional Clarity in Terrorism-Related Asset Seizures Introduction Bank Markazi v. Peterson is a pivotal case adjudicated by the United States Court of...

Nick's Garage v. Progressive: Clarifying Summary Judgment Standards and Deceptive Practices in Insurance Claims

Date: Nov 9, 2017

Nick's Garage v. Progressive: Clarifying Summary Judgment Standards and Deceptive Practices in Insurance Claims Introduction In the case of Nick's Garage, Inc. v. Progressive Casualty Insurance...

Waggoner v. Barclays: Affirmation of Basic Presumption in Class Certification for Securities Fraud

Date: Nov 7, 2017

Waggoner v. Barclays: Affirmation of Basic Presumption in Class Certification for Securities Fraud Introduction Waggoner v. Barclays Plc et al. is a significant case adjudicated by the United States...

Establishing Material Fact Disputes in False Arrest and Malicious Prosecution Claims: Insights from Dufort v. City of New York

Date: Oct 28, 2017

Establishing Material Fact Disputes in False Arrest and Malicious Prosecution Claims: Insights from Dufort v. City of New York Introduction Dufort v. City of New York, decided by the United States...

Affirmation of Dismissal in Farzan v. Bridgewater Associates: Key Rulings on Contractual Clarity, Obstruction Claims, and Statute of Limitations for Discrimination

Date: Oct 27, 2017

Affirmation of Dismissal in Farzan v. Bridgewater Associates: Key Rulings on Contractual Clarity, Obstruction Claims, and Statute of Limitations for Discrimination Introduction The case of Raymond...

Second Circuit Reinforces Qualified Immunity in Bivens Action: Ganek v. GANEK

Date: Oct 18, 2017

Second Circuit Reinforces Qualified Immunity in Bivens Action: Ganek v. GANEK Introduction In Ganek v. GANEK, 874 F.3d 73 (2d Cir. 2017), the Second Circuit Court of Appeals addressed a Bivens action...

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