2d Circuit Case Commentaries

Reaffirming Copyright Protections: The Andy Warhol Foundation v. Lynn Goldsmith Decision

Date: Mar 27, 2021

Reaffirming Copyright Protections: The Andy Warhol Foundation v. Lynn Goldsmith Decision Introduction The case of The Andy Warhol Foundation for the Visual Arts, Inc. v. Lynn Goldsmith marks a...

Establishing Standards for Probable Cause and Jury Instructions in Fabricated Evidence Claims: Insights from Ashley v. City of New York

Date: Mar 27, 2021

Establishing Standards for Probable Cause and Jury Instructions in Fabricated Evidence Claims: Insights from Ashley v. City of New York Introduction Ashley v. City of New York, 992 F.3d 128 (2d Cir....

Landlord Liability Under the Fair Housing Act: Control Required for Tenant-On-Tenant Harassment Claims

Date: Mar 26, 2021

Landlord Liability Under the Fair Housing Act: Control Required for Tenant-On-Tenant Harassment Claims Introduction In the landmark case Donahue Francis v. Kings Park Manor, Inc., adjudicated by the...

Expansion of Statute of Limitations for ACA Disability Discrimination Claims: Vega-Ruiz v. Northwell Health

Date: Mar 25, 2021

Expansion of Statute of Limitations for ACA Disability Discrimination Claims: Vega-Ruiz v. Northwell Health Introduction Vega-Ruiz v. Northwell Health is a seminal case decided by the United States...

Affirmation of ALJ's Decision in Snyder v. Saul: Weighting Medical Evidence in Disability Claims

Date: Mar 25, 2021

Affirmation of ALJ's Decision in Snyder v. Saul: Weighting Medical Evidence in Disability Claims Introduction Snyder v. Saul is a significant case decided by the United States Court of Appeals for...

Strict Enforcement of Local Rule 56.1 Leads to Affirmation of Summary Judgment in ADA Employment Discrimination Case

Date: Mar 25, 2021

Strict Enforcement of Local Rule 56.1 Leads to Affirmation of Summary Judgment in ADA Employment Discrimination Case Introduction The case of Anthony J. Genova, Jr. v. County of Nassau & George...

Affirmation of Aggravated Identity Theft in Asylum Fraud: United States v. Dumitru

Date: Mar 23, 2021

Affirmation of Aggravated Identity Theft in Asylum Fraud: United States v. Dumitru Introduction The case of United States of America v. Andreea Dumitru (991 F.3d 427) adjudicated by the United States...

Second Circuit Clarifies ADA's 'By Reason Of' Requirement and Upholds Objective Reasonableness Standard in Police Use of Force: Tardif v. City of New York

Date: Mar 19, 2021

Second Circuit Clarifies ADA's 'By Reason Of' Requirement and Upholds Objective Reasonableness Standard in Police Use of Force: Tardif v. City of New York Introduction In the landmark case Mary M....

Article III Standing Reaffirmed: Real Party Substitution in Fund Liquidation Holdings LLC v. Bank of America Corp.

Date: Mar 18, 2021

Article III Standing Reaffirmed: Real Party Substitution in Fund Liquidation Holdings LLC v. Bank of America Corp. Introduction The case of Fund Liquidation Holdings LLC, as assignee and...

Affirmation of RICO and Firearms Conviction in United States v. Jose Antonio Martinez

Date: Mar 17, 2021

Affirmation of RICO and Firearms Conviction in United States v. Jose Antonio Martinez Introduction In the case of United States of America v. Jose Antonio Martinez, aka Yoyo, the United States Court...

Clarifying the Court’s Inherent Power to Impose Sanctions for Bad-Faith Filings: ITM v. Verint Systems

Date: Mar 17, 2021

Clarifying the Court’s Inherent Power to Impose Sanctions for Bad-Faith Filings: ITM v. Verint Systems Introduction In the landmark case International Technologies Marketing, Inc. v. Verint Systems,...

Second Circuit Affirms New York's Absolute Fair Report Privilege in Defamation Suit Against National Media

Date: Mar 16, 2021

Second Circuit Affirms New York's Absolute Fair Report Privilege in Defamation Suit Against National Media Introduction In the case of Gwynn X. Kinsey, Jr. v. The New York Times Company, the United...

Individual Named Plaintiffs Must Independently Indicate Intent to Appeal in Class Actions Under Fed. R. App. P. 3

Date: Mar 12, 2021

Individual Named Plaintiffs Must Independently Indicate Intent to Appeal in Class Actions Under Fed. R. App. P. 3 Introduction In the landmark case Yong M. Cho, Batuhan Ulug, et al. v. BlackBerry...

Conn. Gen. Stat. §18-10b Declared Unconstitutional: Insights from Reynolds v. Quiros

Date: Mar 12, 2021

Conn. Gen. Stat. §18-10b Declared Unconstitutional: Insights from Reynolds v. Quiros Introduction In Reynolds v. Quiros, et al. (990 F.3d 286, 2d Cir. 2021), the United States Court of Appeals for...

Affirming Procedural Standing and Enforcing Statutes of Limitations in Affordable Housing Rent Increase Cases

Date: Mar 10, 2021

Affirming Procedural Standing and Enforcing Statutes of Limitations in Affordable Housing Rent Increase Cases Introduction In the case of Mary Desuze et al. v. United States Department of Housing and...

Affirmation of Summary Judgment in ADA Discrimination and Retaliation Claims: Frantti v. State of New York

Date: Mar 10, 2021

Affirmation of Summary Judgment in ADA Discrimination and Retaliation Claims: Frantti v. State of New York Introduction In Frantti v. State of New York, the plaintiff, Travis Jarrett Frantti, filed a...

Affirmation of Decertification in Class Action: Jin v. Shanghai Original, Inc.

Date: Mar 10, 2021

Affirmation of Decertification in Class Action: Jin v. Shanghai Original, Inc. Introduction The case of Jianmin Jin v. Shanghai Original, Inc., DBA Joe's Shanghai addresses critical issues...

Chevron v. Donziger: Clarifying Injunction Interpretation and Contempt Proceedings

Date: Mar 5, 2021

Chevron v. Donziger: Clarifying Injunction Interpretation and Contempt Proceedings Introduction Chevron Corporation v. Steven Donziger is a landmark case adjudicated by the United States Court of...

SBA's Authority Under the CARES Act Affirmed in Pharaohs GC, Inc. v. SBA

Date: Mar 5, 2021

SBA's Authority Under the CARES Act Affirmed in Pharaohs GC, Inc. v. SBA Introduction In the case of Pharaohs GC, Inc. v. United States Small Business Administration, adjudicated by the United States...

Clive v. Cooper: Reevaluating Arbitration Agreements in ERISA Fiduciary Breach Claims

Date: Mar 5, 2021

Clive v. Cooper: Reevaluating Arbitration Agreements in ERISA Fiduciary Breach Claims Introduction In the landmark case Clive v. Cooper, the United States Court of Appeals for the Second Circuit...