2d Circuit Case Commentaries

Precedent on Religious Discrimination in Educational Funding: A.H. v. French

Date: Jan 16, 2021

Precedent on Religious Discrimination in Educational Funding: A.H. v. French Introduction In the landmark case of A.H., by and through her parents and natural guardians, James Hester and Darlene...

Second Circuit Recognizes Conditional Release as a Substantive Due Process Liberty Interest, Yet Upholds Qualified Immunity

Date: Jan 13, 2021

Second Circuit Recognizes Conditional Release as a Substantive Due Process Liberty Interest, Yet Upholds Qualified Immunity Introduction In Devar Hurd v. Stacey Fredenburgh, the United States Court...

Second Circuit Upholds Denial of First Step Act Sentence Reduction: Balancing Disciplinary Record and Offense Severity

Date: Jan 13, 2021

Second Circuit Upholds Denial of First Step Act Sentence Reduction: Balancing Disciplinary Record and Offense Severity Introduction In the case of United States of America v. Robert Morrison, the...

Affirmation of Absolute Prosecutorial Immunity in Malik v. City of New York

Date: Jan 12, 2021

Affirmation of Absolute Prosecutorial Immunity in Malik v. City of New York Introduction Malik v. City of New York, decided by the United States Court of Appeals for the Second Circuit on January 11,...

Younger Abstention Bars Federal Injunctions Against State-Court Termination of Appellate Stays in Foreclosure Proceedings

Date: Jan 7, 2021

Younger Abstention Bars Federal Injunctions Against State-Court Termination of Appellate Stays in Foreclosure Proceedings Introduction In this Second Circuit summary order, the court affirms a...

Second Circuit Upholds Dual FCPA and Money Laundering Convictions: Broad Interpretation of Unlawful Activity and Transaction Routing

Date: Dec 30, 2020

Second Circuit Upholds Dual FCPA and Money Laundering Convictions: Broad Interpretation of Unlawful Activity and Transaction Routing Introduction In the notable case of United States of America v....

Court of Appeals Establishes Clear Limits on Supervisory Liability under the Eighth Amendment in Tangreti v. Bachmann

Date: Dec 29, 2020

Court of Appeals Establishes Clear Limits on Supervisory Liability under the Eighth Amendment in Tangreti v. Bachmann Introduction The case of Cara Tangreti v. Christine Bachmann (983 F.3d 609)...

Second Circuit Dismisses Constitutional Challenge to ITAR Licensing on Grounds of Mootness: Stagg v. U.S. Department of State

Date: Dec 29, 2020

Second Circuit Dismisses Constitutional Challenge to ITAR Licensing on Grounds of Mootness: Stagg v. U.S. Department of State Introduction Stagg, P.C., Plaintiff-Appellant, a law firm specializing in...

Strict Scrutiny Standard Affirmed for COVID-19 Restrictions on Houses of Worship

Date: Dec 29, 2020

Strict Scrutiny Standard Affirmed for COVID-19 Restrictions on Houses of Worship Introduction In the landmark case Agudath Israel of America v. Cuomo, the United States Court of Appeals for the...

Expanding Arbitrator's Authority in Labor Disputes: Insights from A&A Maintenance v. Ramnarain

Date: Dec 17, 2020

Expanding Arbitrator's Authority in Labor Disputes: Insights from A&A Maintenance Enterprise, Inc. v. Ramnarain Introduction The case of A&A Maintenance Enterprise, Inc. v. Ramnarain (982 F.3d 864,...

Immunity of Federal Assignees from State Statutes of Limitations: Second Circuit Affirms

Date: Dec 11, 2020

Immunity of Federal Assignees from State Statutes of Limitations: Second Circuit Affirms Introduction The case of Windward Bora, LLC v. Wilmington Savings Fund Society, FSB addressed a pivotal legal...

First Step Act: Eligibility and Procedural Considerations in Gadsden v. United States

Date: Dec 9, 2020

First Step Act: Eligibility and Procedural Considerations in Gadsden v. United States Introduction United States of America v. Damone Gadsden, 982 F.3d 106 (2d Cir. 2020), addresses critical issues...

Affirmation of Daubert Standards in Products Liability: Second Circuit Upholds Exclusion of Expert Testimony in Mirena IUS Litigation

Date: Dec 9, 2020

Affirmation of Daubert Standards in Products Liability: Second Circuit Upholds Exclusion of Expert Testimony in Mirena IUS Litigation Introduction The case of In Re: Mirena IUS Levonorgestrel-Related...

Affirmation of Summary Judgment in Agosto v. NYC Dept. of Education: Limits on First Amendment Retaliation and Monell Liability Defined

Date: Dec 5, 2020

Affirmation of Summary Judgment in Agosto v. NYC Dept. of Education: Limits on First Amendment Retaliation and Monell Liability Defined Introduction In the case of Jason Agosto v. New York City...

Broadening Materiality Under the False Claims Act: Insights from United States v. Strock

Date: Dec 4, 2020

Broadening Materiality Under the False Claims Act: Insights from United States v. Strock Introduction The case of United States of America v. Lee Strock, Cynthia Ann Golde, Strock Contracting, Inc.,...

Affirmation of Oneida Indian Nation's Tribal Land Rights and Tribal Sovereign Immunity

Date: Nov 25, 2020

Affirmation of Oneida Indian Nation's Tribal Land Rights and Tribal Sovereign Immunity Introduction The case Oneida Indian Nation v. Melvin L. Phillips, Sr., Individually and as Trustee, Melvin L....

Second Circuit Clarifies Likelihood of Confusion in Trademark Infringement: The 'Black Ice' Case

Date: Nov 20, 2020

Second Circuit Clarifies Likelihood of Confusion in Trademark Infringement: The 'Black Ice' Case Introduction In the landmark case of Car-Freshner Corporation, Julius Sämann Ltd. v. American Covers,...

Second Circuit Upholds Importance of Monell Liability in Addressing Persistent Misconduct: Lucente and Culoso Claims Remanded

Date: Nov 18, 2020

Second Circuit Upholds Importance of Monell Liability in Addressing Persistent Misconduct: Lucente and Culoso Claims Remanded Introduction In the landmark case Tara Lucente, Janet Viola, Jamie A....

Use of Reasonable Force by Private Venue Security: Oakley v. Dolan

Date: Nov 17, 2020

Use of Reasonable Force by Private Venue Security: Oakley v. Dolan Introduction Charles Oakley v. James Dolan et al. is a significant case adjudicated by the United States Court of Appeals for the...

Recognition of 18 U.S.C. § 111(b) as a Categorical Crime of Violence under 18 U.S.C. § 924(c)(3)(A)

Date: Nov 14, 2020

Recognition of 18 U.S.C. § 111(b) as a Categorical Crime of Violence under 18 U.S.C. § 924(c)(3)(A) Introduction The case of Durome Gray v. United States of America (980 F.3d 264), adjudicated by the...