2d Circuit Case Commentaries

Second Circuit Clarifies Standards for Cognizable Economic Harm in Mail and Wire Fraud: United States v. Binday et al.

Date: Oct 27, 2015

Second Circuit Clarifies Standards for Cognizable Economic Harm in Mail and Wire Fraud: United States v. Binday et al. Introduction United States v. Binday, James Kevin Kergil, and Mark Resnick,...

Second Circuit Upholds Assault Weapons and Large-Capacity Magazines Ban Under Intermediate Scrutiny

Date: Oct 20, 2015

Second Circuit Upholds Assault Weapons and Large-Capacity Magazines Ban Under Intermediate Scrutiny Introduction In the aftermath of the tragic 2012 Sandy Hook Elementary School shooting, both New...

Discretionary Bonuses and ADA Claims: Insights from Davis v. NYC Department of Education

Date: Oct 20, 2015

Discretionary Bonuses and ADA Claims: Insights from Davis v. NYC Department of Education Introduction Davis v. New York City Department of Education, 804 F.3d 231 (2d Cir. 2015), is a pivotal case...

Transformative Fair Use in Digital Libraries: Second Circuit Upholds Google Books

Date: Oct 17, 2015

Transformative Fair Use in Digital Libraries: Second Circuit Upholds Google Books Introduction In the landmark case The Authors Guild, et al. v. Google, Inc., the United States Court of Appeals for...

Clarifying Brady Obligations in Suppression Hearings and the Status of Cooperating Witnesses: United States v. Barcelo

Date: Oct 15, 2015

Clarifying Brady Obligations in Suppression Hearings and the Status of Cooperating Witnesses 1. Introduction In the appellate case United States of America v. Victor Barcelo, 628 F. App'x 36 (2d Cir....

Second Circuit Sets New Precedent on Reasonable Accommodations under ADA in Medical Education

Date: Oct 7, 2015

Second Circuit Sets New Precedent on Reasonable Accommodations under ADA in Medical Education Introduction The case of Maxiam Dean v. University at Buffalo School of Medicine and Biomedical Sciences...

EPA's Vessel General Permit Standards Remanded for Arbitrary and Capricious Action

Date: Oct 6, 2015

EPA's Vessel General Permit Standards Remanded for Arbitrary and Capricious Action Introduction The case of Natural Resources Defense Council, Northwest Environmental Advocates, Center for Biological...

Preemption of State Identity Theft Claims under the Fair Credit Reporting Act: Galper v. JP Morgan Chase Bank

Date: Oct 1, 2015

Preemption of State Identity Theft Claims under the Fair Credit Reporting Act: Galper v. JP Morgan Chase Bank Introduction Galper v. JP Morgan Chase Bank, N.A. (802 F.3d 437) is a landmark case...

Affirmation of CFA Claim Dismissal in Pullman v. Alpha Media Publishing

Date: Sep 25, 2015

Affirmation of CFA Claim Dismissal in Pullman v. Alpha Media Publishing Introduction The case of Jaclinn Pullman v. Alpha Media Publishing, Inc. et al., adjudicated in the United States Court of...

Non-Retroactive Application of Arbitration Clauses in Employment Reclassification: Second Circuit Upholds Denial to Compel Arbitration

Date: Sep 23, 2015

Non-Retroactive Application of Arbitration Clauses in Employment Reclassification: Second Circuit Upholds Denial to Compel Arbitration Introduction The case of Jan P. Holick, Jr., Steven Moffitt,...

2nd Circuit Establishes Clear Criteria for Standing in §1983 Challenges to Vague Weapon Laws

Date: Sep 23, 2015

2nd Circuit Establishes Clear Criteria for Standing in §1983 Challenges to Vague Weapon Laws Introduction In the landmark case Knife Rights, Inc. v. Vance, the United States Court of Appeals for the...

Weighting of Treating Physician Opinions in SSA Disability Claims: Ke v. Greek Sets New Precedent

Date: Sep 22, 2015

Weighting of Treating Physician Opinions in SSA Disability Claims: Ke v. Greek Sets New Precedent Introduction Ke v. Greek, 802 F.3d 370, is a seminal case adjudicated by the United States Court of...

Second Circuit Enhances ADA Disability Discrimination Claims: Dawson v. NYCTA Provides Clarity on Pleading Standards

Date: Sep 17, 2015

Second Circuit Enhances ADA Disability Discrimination Claims: Dawson v. NYCTA Provides Clarity on Pleading Standards Introduction In Michael Dawson v. New York City Transit Authority (624 F. App'x...

Orlander v. Staples: Expanding Consumer Protections through Ambiguous Contract Interpretation

Date: Sep 17, 2015

Orlander v. Staples: Expanding Consumer Protections through Ambiguous Contract Interpretation Introduction Orlander v. Staples, Inc. is a pivotal case decided by the United States Court of Appeals...

Affirmation of Standard for Pleading Monell Claims under 42 U.S.C. § 1983 in the Second Circuit

Date: Sep 15, 2015

Affirmation of Standard for Pleading Monell Claims under 42 U.S.C. § 1983 in the Second Circuit Introduction The case of Frank B. Iacovangelo, Public Administrator, Monroe County, as Administrator of...

Clarifying Qualified Immunity in Fabricated Evidence Cases: Morse v. Fusto and Castillo

Date: Sep 12, 2015

Clarifying Qualified Immunity in Fabricated Evidence Cases: Morse v. Fusto and Castillo Introduction Morse v. Fusto and Castillo (804 F.3d 538) is a landmark decision by the United States Court of...

Physical Force in Ejection from Courthouses Constitutes a Fourth Amendment Seizure: Salmon v. Blesser

Date: Sep 11, 2015

Physical Force in Ejection from Courthouses Constitutes a Fourth Amendment Seizure: Salmon v. Blesser Introduction Salmon v. Blesser, 802 F.3d 249 (2d Cir. 2015), is a pivotal case addressing the...

Second Circuit Clarifies Preclusive Effect of State Agency Decisions in ADA Claims: Cortes v. MTA

Date: Sep 5, 2015

Second Circuit Clarifies Preclusive Effect of State Agency Decisions in ADA Claims: Cortes v. MTA Introduction In Juan E. Cortes v. MTA New York City Transit, 802 F.3d 226 (2d Cir. 2015), the United...

Application of the Continuing Violation Doctrine to Eighth Amendment Bivens Claims: GONZALEZ v. HASTY

Date: Sep 4, 2015

Application of the Continuing Violation Doctrine to Eighth Amendment Bivens Claims: GONZALEZ v. HASTY Introduction In GONZALEZ v. HASTY, 802 F.3d 212 (2d Cir. 2015), the United States Court of...

Expanded Protections for Retaliation Claims under §1983: Insights from Vega v. Hempstead Union Free School District

Date: Sep 3, 2015

Expanded Protections for Retaliation Claims under §1983: Insights from Vega v. Hempstead Union Free School District Introduction Vega v. Hempstead Union Free School District (801 F.3d 72, 2nd Cir....

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