2d Circuit Case Commentaries

Second Circuit Affirms ALJ’s Use of Burgess Framework and Substantial Evidence in SSI Disability Determination

Date: May 15, 2021

Second Circuit Affirms ALJ’s Use of Burgess Framework and Substantial Evidence in SSI Disability Determination Introduction In James Bernard Curry v. Commissioner of Social Security, the United...

Establishing the Boundaries of Retaliation Claims in Employment Discrimination Cases

Date: May 13, 2021

Establishing the Boundaries of Retaliation Claims in Employment Discrimination Cases Introduction The case of Alan Quinones v. City of Binghamton (997 F.3d 461) presents significant insights into the...

Ineligibility of Drug-Related Murder Under the First Step Act: United States v. Gilliam

Date: May 8, 2021

Ineligibility of Drug-Related Murder Under the First Step Act: United States v. Gilliam Introduction United States v. Gilliam is a pivotal case adjudicated by the United States Court of Appeals for...

Inmate Medical Emergencies and Administrative Remedy Requirements: Rucker v. Giffen Establishes New Precedent

Date: May 7, 2021

Inmate Medical Emergencies and Administrative Remedy Requirements: Rucker v. Giffen Establishes New Precedent Introduction In the landmark case of Anthony Rucker v. Robbin Giffen et al., the United...

FTCA Presentment Constitutes Notice, Not Proof – Collins v. United States Reversed

Date: May 1, 2021

FTCA Presentment Constitutes Notice, Not Proof – Collins v. United States Reversed Introduction In the landmark case of Michael Collins v. United States of America, the United States Court of Appeals...

Eleventh Amendment Immunity Affirmed for State Boards Under Section 504 of the Rehabilitation Act

Date: Apr 29, 2021

Eleventh Amendment Immunity Affirmed for State Boards Under Section 504 of the Rehabilitation Act Introduction In the landmark case of T.W. Plaintiff-Appellee v. New York State Board of Law Examiners...

Clarifying Pleading Standards for Consumer Protection Claims: Schafer v. Direct Energy Services, LLC

Date: Apr 28, 2021

Clarifying Pleading Standards for Consumer Protection Claims: Schafer v. Direct Energy Services, LLC Introduction In Schafer v. Direct Energy Services, LLC, the United States Court of Appeals for the...

Affirming the Two-Year Statute of Limitations under FLSA Unless Willfulness is Plausibly Alleged: Whiteside v. Hover-Davis

Date: Apr 28, 2021

Affirming the Two-Year Statute of Limitations under FLSA Unless Willfulness is Plausibly Alleged: Whiteside v. Hover-Davis Introduction In Whiteside v. Hover-Davis, Inc., Universal Instruments...

Second Circuit Upholds Strong Inference of Scienter in Securities Fraud Case: Reinstatement of Market Manipulation Claims Against Credit Suisse and Janus

Date: Apr 28, 2021

Second Circuit Upholds Strong Inference of Scienter in Securities Fraud Case: Reinstatement of Market Manipulation Claims Against Credit Suisse and Janus Introduction In the landmark case Set Capital...

Establishing Article III Standing in Data Breach Cases: Insights from McMorris v. Carlos Lopez & Associates

Date: Apr 27, 2021

Establishing Article III Standing in Data Breach Cases: Insights from McMorris v. Carlos Lopez & Associates Introduction The case of Devonne McMorris v. Carlos Lopez & Associates, LLC addresses...

Hobbs Act Conspiracy Not Classified as a Crime of Violence: Landmark Ruling in United States v. McCoy and Nix

Date: Apr 23, 2021

Hobbs Act Conspiracy Not Classified as a Crime of Violence: Landmark Ruling in United States v. McCoy and Nix Introduction In the seminal case of United States of America v. Earl McCoy and Matthew...

Qualified Immunity Upheld for Federal Warden in Fifth Amendment Due Process Access Case

Date: Apr 13, 2021

Qualified Immunity Upheld for Federal Warden in Fifth Amendment Due Process Access Case Introduction In the case of Male Dixon, aka James King, Plaintiff-Appellee versus Warden Barbara von...

Affirming Accuracy and Reasonable Interpretation Defense in FCRA Claims: Shimon v. Equifax

Date: Apr 10, 2021

Affirming Accuracy and Reasonable Interpretation Defense in FCRA Claims: Shimon v. Equifax Introduction The case of Jacob Y. Shimon v. Equifax Information Services LLC (994 F.3d 88) involves a...

Reaffirming Managerial Discretion and Fiduciary Duties in LLC Agreements: Najjar Group LLC v. West 56th Hotel LLC

Date: Apr 6, 2021

Reaffirming Managerial Discretion and Fiduciary Duties in LLC Agreements: Najjar Group LLC v. West 56th Hotel LLC Introduction The case of The Najjar Group, LLC, Individually and as...

Second Circuit Affirms Aggravated Identity Theft in Technological Fraud: Expanding 18 U.S.C. § 1028A Application

Date: Apr 2, 2021

Second Circuit Affirms Aggravated Identity Theft in Technological Fraud: Expanding 18 U.S.C. § 1028A Application Introduction The case of United States of America v. Darcy Wedd (993 F.3d 104)...

Federal Common Law and Statutory Preemption Bar Municipal Climate Tort Claims: NYC v. Major Oil Corporations

Date: Apr 2, 2021

Federal Common Law and Statutory Preemption Bar Municipal Climate Tort Claims: NYC v. Major Oil Corporations Introduction Case: City of New York, Plaintiff-Appellant, v. Chevron Corporation,...

Dany Z. v. Commissioner: Reinforcing Proper Application of SSA’s Medical Opinion Evaluation Regulations in Disability Determination

Date: Apr 1, 2021

Dany Z. v. Commissioner: Reinforcing Proper Application of SSA’s Medical Opinion Evaluation Regulations in Disability Determination Introduction In the case of Dany Z., Plaintiff v. Andrew Saul,...

Affirmation of Conviction in Felder v. United States: Conditional Mens Rea, Expert Testimony, and Good-Faith Exception

Date: Apr 1, 2021

Affirmation of Conviction in Felder v. United States: Conditional Mens Rea, Expert Testimony, and Good-Faith Exception Introduction In United States v. Felder, the United States Court of Appeals for...

Second Circuit Clarifies Summary Judgment Standards for Excessive Force Claims in Correctional Settings

Date: Mar 30, 2021

Second Circuit Clarifies Summary Judgment Standards for Excessive Force Claims in Correctional Settings Introduction In the case of Jay Bradshaw v. The City of New York et al., adjudicated by the...

Excessive Force Claims under 42 U.S.C. § 1983: Ketcham v. City of Mount Vernon

Date: Mar 30, 2021

Excessive Force Claims under 42 U.S.C. § 1983: Ketcham v. City of Mount Vernon Introduction Ketcham v. City of Mount Vernon, 992 F.3d 144 (2d Cir. 2021), is a pivotal case addressing the standards...