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  • Commentaries
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2d Circuit Case Commentaries

Reaffirming the Non-Testimonial Nature of Medical Statements Under the Confrontation Clause: Duhs v. Capra

Reaffirming the Non-Testimonial Nature of Medical Statements Under the Confrontation Clause: Duhs v. Capra

Date: Feb 9, 2016
Reaffirming the Non-Testimonial Nature of Medical Statements Under the Confrontation Clause: Duhs v. Capra Introduction The case of Michael Duhs v. Michael Capra addresses a crucial intersection...
Due Process Protections for Parole Grantees Established in Victory v. Pataki

Due Process Protections for Parole Grantees Established in Victory v. Pataki

Date: Feb 2, 2016
Due Process Protections for Parole Grantees Established in Victory v. Pataki Introduction The case of Albert Lopez Victory v. George Pataki delves into the constitutional protections afforded to...
Second Circuit Affirms Qualified Immunity in First Amendment Retaliation Case Due to Lack of Clearly Established Law

Second Circuit Affirms Qualified Immunity in First Amendment Retaliation Case Due to Lack of Clearly Established Law

Date: Jan 29, 2016
Second Circuit Affirms Qualified Immunity in First Amendment Retaliation Case Due to Lack of Clearly Established Law Introduction Todd Lynch v. Margaret Ackley, et al. is a landmark case decided by...
Second Circuit Limits Recovery of Attorney's Fees in Arbitration Awards under the Federal Arbitration Act

Second Circuit Limits Recovery of Attorney's Fees in Arbitration Awards under the Federal Arbitration Act

Date: Jan 29, 2016
Second Circuit Limits Recovery of Attorney's Fees in Arbitration Awards under the Federal Arbitration Act Introduction In the landmark case of Zürich American Insurance Co. v. Team Tankers A.S., the...
Rooker-Feldman Doctrine Affirmed in Gonzalez v. Deutsche Bank National Trust Company

Rooker-Feldman Doctrine Affirmed in Gonzalez v. Deutsche Bank National Trust Company

Date: Jan 28, 2016
Rooker-Feldman Doctrine Affirmed in Gonzalez v. Deutsche Bank National Trust Company Introduction The case of Sonia Gonzalez and Luis Gonzalez v. Deutsche Bank National Trust Company addresses...
Denial of FAPE Due to Refusal to Address Bullying: T.K. and S.K. v. New York City Department of Education

Denial of FAPE Due to Refusal to Address Bullying: T.K. and S.K. v. New York City Department of Education

Date: Jan 21, 2016
Denial of FAPE Due to Refusal to Address Bullying: T.K. and S.K. v. New York City Department of Education Introduction In the case of T.K. and S.K., individually and on behalf of L.K. versus the New...
Mandating Notice Requirements for I-140 Petition Revocations Under AC21: The Mantena Decision

Mandating Notice Requirements for I-140 Petition Revocations Under AC21: The Mantena Decision

Date: Dec 31, 2015
Mandating Notice Requirements for I-140 Petition Revocations Under AC21: The Mantena Decision Introduction The case of Ganga Mantena v. Jeh Johnson addresses critical issues surrounding the...
Establishing Plausible Discriminatory Motivation: Dooley v. JetBlue Airways Sets New Precedent in ADA Claims

Establishing Plausible Discriminatory Motivation: Dooley v. JetBlue Airways Sets New Precedent in ADA Claims

Date: Dec 19, 2015
Establishing Plausible Discriminatory Motivation: Dooley v. JetBlue Airways Sets New Precedent in ADA Claims Introduction The case Shari Dooley v. JetBlue Airways Corporation (636 F. App'x 16)...
Second Circuit Clarifies Juror Removal Standards: Distinguishing Extrinsic Bias from Nullification Concerns in United States v. Spruill

Second Circuit Clarifies Juror Removal Standards: Distinguishing Extrinsic Bias from Nullification Concerns in United States v. Spruill

Date: Dec 17, 2015
Second Circuit Clarifies Juror Removal Standards: Distinguishing Extrinsic Bias from Nullification Concerns in United States v. Spruill Introduction In the case of United States of America v. Jeff...
Reaffirmation of Evidentiary Sufficiency Standards in Racketeering and Gang-Related Murder Cases: United States v. Sebbern et al.

Reaffirmation of Evidentiary Sufficiency Standards in Racketeering and Gang-Related Murder Cases: United States v. Sebbern et al.

Date: Dec 17, 2015
Reaffirmation of Evidentiary Sufficiency Standards in Racketeering and Gang-Related Murder Cases: United States v. Sebbern et al. Introduction The case of United States of America v. Dontae Sebbern,...
Requirement for Plausible Pleading of Actual Malice for Limited-Purpose Public Figures in Defamation Cases: Insights from Biro v. Condé Nast

Requirement for Plausible Pleading of Actual Malice for Limited-Purpose Public Figures in Defamation Cases: Insights from Biro v. Condé Nast

Date: Dec 9, 2015
Requirement for Plausible Pleading of Actual Malice for Limited-Purpose Public Figures in Defamation Cases: Insights from Biro v. Condé Nast Introduction The case of Peter Paul Biro,...
Valle v. United States: Redefining 'Exceeds Authorized Access' and Delineating Fantasy from Criminal Intent in Conspiracy Law

Valle v. United States: Redefining 'Exceeds Authorized Access' and Delineating Fantasy from Criminal Intent in Conspiracy Law

Date: Dec 4, 2015
Valle v. United States: Redefining 'Exceeds Authorized Access' and Delineating Fantasy from Criminal Intent in Conspiracy Law Introduction Valle v. United States (807 F.3d 508, 2nd Cir. 2015) is a...
Symmetrical Indifference in Causation Analysis: Gemmink v. Jay Peak Inc.

Symmetrical Indifference in Causation Analysis: Gemmink v. Jay Peak Inc.

Date: Dec 1, 2015
Symmetrical Indifference in Causation Analysis: Gemmink v. Jay Peak Inc. Introduction The case Paul A. Gemmink v. Jay Peak Inc., decided by the United States Court of Appeals for the Second Circuit...
Second Circuit Rules on Standing in First Amendment Challenge to Milford's Public Posting Requirements for Adult-Oriented Businesses

Second Circuit Rules on Standing in First Amendment Challenge to Milford's Public Posting Requirements for Adult-Oriented Businesses

Date: Nov 21, 2015
Second Circuit Rules on Standing in First Amendment Challenge to Milford's Public Posting Requirements for Adult-Oriented Businesses Introduction In the case of Keepers, Inc., dba Keepers, fka...
Affirmation of Statute of Limitations in Breach of Contract Claims for Mortgage Loan Representations

Affirmation of Statute of Limitations in Breach of Contract Claims for Mortgage Loan Representations

Date: Nov 17, 2015
Affirmation of Statute of Limitations in Breach of Contract Claims for Mortgage Loan Representations Introduction The case of Deutsche Bank National Trust Company v. Quicken Loans Inc. (810 F.3d 861,...
Abstention Doctrine Reinforced Under Sprint in Falco v. Justices of the Matrimonial Parts

Abstention Doctrine Reinforced Under Sprint in Falco v. Justices of the Matrimonial Parts

Date: Nov 13, 2015
Abstention Doctrine Reinforced Under Sprint in Falco v. Justices of the Matrimonial Parts Introduction In the case of Gabriel R. Falco v. Justices of the Matrimonial Parts of the Supreme Court of...
2nd Circuit Clarifies Attorney-Client Privilege and Affirms Work-Product Protection in Schaeffler v. United States

2nd Circuit Clarifies Attorney-Client Privilege and Affirms Work-Product Protection in Schaeffler v. United States

Date: Nov 11, 2015
2nd Circuit Clarifies Attorney-Client Privilege and Affirms Work-Product Protection in Schaeffler v. United States Introduction In Georg F.W. Schaeffler et al. v. United States of America, the United...
Reaffirming the Weight of Treating Physician's Evidence in SSA Disability Claims: Insights from Lesterhuis v. Colvin

Reaffirming the Weight of Treating Physician's Evidence in SSA Disability Claims: Insights from Lesterhuis v. Colvin

Date: Nov 7, 2015
Reaffirming the Weight of Treating Physician's Evidence in SSA Disability Claims: Insights from Lesterhuis v. Colvin Introduction The case of Marc Lesterhuis v. Carolyn W. Colvin, Acting Commissioner...
Application of Borrowing Statutes and Statute of Limitations: Thea v. Kleinhandler

Application of Borrowing Statutes and Statute of Limitations: Thea v. Kleinhandler

Date: Nov 4, 2015
Application of Borrowing Statutes and Statute of Limitations: Thea v. Kleinhandler Introduction Thea v. Kleinhandler (807 F.3d 492, 2nd Cir. 2015) is a significant appellate decision that addresses...
Comprehensive Analysis of CUNY v. Chen: Affirmation of Summary Judgment on Discrimination and Retaliation Claims

Comprehensive Analysis of CUNY v. Chen: Affirmation of Summary Judgment on Discrimination and Retaliation Claims

Date: Oct 29, 2015
Comprehensive Analysis of CUNY v. Chen: Affirmation of Summary Judgment on Discrimination and Retaliation Claims Introduction The case of Ya–Chen Chen v. The City University of New York (CUNY)...
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