2d Circuit Case Commentaries

Affirmation of Fourth Amendment Violation: Clear Rejection of Unsubstantiated Hunches in Police Detentions

Date: Mar 5, 2021

Affirmation of Fourth Amendment Violation: Clear Rejection of Unsubstantiated Hunches in Police Detentions Introduction In the landmark case Kim Vasquez v. Detective Chris G. Maloney et al.,...

Second Circuit Establishes Precedent: School Districts Cannot Unilaterally Amend IEPs During Resolution Period under IDEA

Date: Mar 4, 2021

Second Circuit Establishes Precedent: School Districts Cannot Unilaterally Amend IEPs During Resolution Period under IDEA Introduction The United States Court of Appeals for the Second Circuit, in...

Omission as Use of Physical Force Under ACCA: The Gerald Scott En Banc Decision

Date: Mar 3, 2021

Omission as Use of Physical Force Under ACCA: The Gerald Scott En Banc Decision Introduction The case of United States of America v. Gerald Scott, decided by the United States Court of Appeals for...

Dismissal of Appeal as Moot in Compassionate Release Motion: Upholding the Mootness Doctrine in the Second Circuit

Date: Mar 3, 2021

Dismissal of Appeal as Moot in Compassionate Release Motion: Upholding the Mootness Doctrine in the Second Circuit Introduction The case of United States of America v. Hermie Glynn Chestnut serves as...

Second Circuit Affirms Attempted Federal Bank Robbery as a Crime of Violence Under 18 U.S.C. § 924(c)(1)(A)

Date: Mar 2, 2021

Second Circuit Affirms Attempted Federal Bank Robbery as a Crime of Violence Under 18 U.S.C. § 924(c)(1)(A) Introduction In the case of Keith Collier, Petitioner-Appellant, v. United States of...

Second Circuit Reaffirms Non-Eligibility of Anti-Gang Opposition as Political Opinion for Asylum Claims

Date: Feb 27, 2021

Second Circuit Reaffirms Non-Eligibility of Anti-Gang Opposition as Political Opinion for Asylum Claims Introduction In the case of Douglas Adrian Zelaya-Moreno v. Robert M. Wilkinson Acting United...

Reckless Disregard Standard in Defamation Per Se: Powell v. Jones-Soderman

Date: Feb 27, 2021

Reckless Disregard Standard in Defamation Per Se: Powell v. Jones-Soderman Introduction Powell v. Jones-Soderman is a pivotal case adjudicated by the United States Court of Appeals for the Second...

Determining Tort Liability in Improper Levies under CPLR Article 52: Insights from FutureNet v. GTR Source

Date: Feb 24, 2021

Determining Tort Liability in Improper Levies under CPLR Article 52: Insights from FutureNet v. GTR Source Introduction The case of Plymouth Venture Partners, II, L.P., Plymouth Management Company in...

Reaffirming the "As Opportunities Arise" Theory: Comprehensive Analysis of United States of America v. Dean and Adam Skelos

Date: Feb 24, 2021

Reaffirming the "As Opportunities Arise" Theory: Comprehensive Analysis of United States of America v. Dean and Adam Skelos Introduction The case of United States of America v. Dean Skelos and Adam...

Affirmation of Arbitration Interpretation under IGRA: Seneca Nation of Indians v. State of New York

Date: Feb 23, 2021

Affirmation of Arbitration Interpretation under IGRA: Seneca Nation of Indians v. State of New York Introduction The case of Seneca Nation of Indians v. State of New York, adjudicated by the United...

Specific Misrepresentations Survive Dismissal: Second Circuit's Ruling in In Re Synchrony Financial Securities Litigation

Date: Feb 17, 2021

Specific Misrepresentations Survive Dismissal: Second Circuit's Ruling in In Re Synchrony Financial Securities Litigation Introduction The case of In Re: Synchrony Financial Securities Litigation...

Second Circuit Clarifies Statute of Limitations for Equitable Claims in Cigna v. BioHealth Laboratories

Date: Feb 11, 2021

Second Circuit Clarifies Statute of Limitations for Equitable Claims in Cigna v. BioHealth Laboratories Introduction The case of Connecticut General Life Insurance Company and Cigna Health and Life...

Affirmation of New York's Enhanced Party-Qualification Requirements: Upholding State Interests in Electoral Integrity

Date: Feb 11, 2021

Affirmation of New York's Enhanced Party-Qualification Requirements: Upholding State Interests in Electoral Integrity Introduction In the case of SAM Party of New York, Michael J. Volpe,...

Electra v. 59 Murray Enterprises: Enforceability of Photo Releases Under New York Civil Rights Law §§ 50-51

Date: Feb 10, 2021

Electra v. 59 Murray Enterprises: Enforceability of Photo Releases Under New York Civil Rights Law §§ 50-51 Introduction In the landmark case of Electra v. 59 Murray Enterprises, Inc., the United...

Reaffirming District Court Discretion in Awarding Attorney's Fees under 42 U.S.C. §1988: Insights from HECTOR GARCIA ORTIZ v. THE CITY OF NEW YORK

Date: Feb 2, 2021

Reaffirming District Court Discretion in Awarding Attorney's Fees under 42 U.S.C. §1988: Insights from HECTOR GARCIA ORTIZ v. THE CITY OF NEW YORK Introduction The case of Hector Garcia Ortiz v. The...

Scope of Employment Determination under FSHCAA and §1442 Removal: A Comprehensive Analysis of Agyin v. Razmzand

Date: Jan 27, 2021

Scope of Employment Determination under FSHCAA and §1442 Removal: A Comprehensive Analysis of Agyin v. Razmzand Introduction The case of Aisha Agyin v. Shahram Razmzand (986 F.3d 168) presents a...

Defining Extraterritorial Boundaries of Section 10(b) under the Securities Exchange Act: Cavello Bay Reinsurance Ltd. v. Spencer Capital Ltd.

Date: Jan 26, 2021

Defining Extraterritorial Boundaries of Section 10(b) under the Securities Exchange Act: Cavello Bay Reinsurance Ltd. v. Spencer Capital Ltd. Introduction The case of Cavello Bay Reinsurance Limited...

Standing in 42 U.S.C. § 1983 Claims: Reaffirming the Doctrine in Kallas v. Egan

Date: Jan 23, 2021

Standing in 42 U.S.C. § 1983 Claims: Reaffirming the Doctrine in Kallas v. Egan Introduction In the case of Danos Kallas v. Theresa L. Egan, the United States Court of Appeals for the Second Circuit...

Second Circuit Clarifies Strict 90-Day Deadline for Defendant Substitution under FRCP 25(a)

Date: Jan 20, 2021

Second Circuit Clarifies Strict 90-Day Deadline for Defendant Substitution under FRCP 25(a) Introduction In the landmark case of Kotler v. Jubert, the United States Court of Appeals for the Second...

Fraudulent Athletic Recruitment Scheme: Establishing Liability and Intent in Wire Fraud under NCAA Regulations

Date: Jan 16, 2021

Fraudulent Athletic Recruitment Scheme: Establishing Liability and Intent in Wire Fraud under NCAA Regulations Introduction In the landmark case of UNITED STATES OF AMERICA v. JAMES GATTO et al., the...