2d Circuit Case Commentaries

Second Circuit Affirms Inclusion of State Recidivism Enhancements in Grading Supervised Release Violations

Date: Nov 13, 2020

Second Circuit Affirms Inclusion of State Recidivism Enhancements in Grading Supervised Release Violations Introduction In United States of America v. Betsy Ramos, 979 F.3d 994 (2d Cir. 2020), the...

Enhancing Due Process Protections in 42 U.S.C. §1983 Claims: The Jarrett Frost Case Analysis

Date: Nov 13, 2020

Enhancing Due Process Protections in 42 U.S.C. §1983 Claims: The Jarrett Frost Case Analysis Introduction The case of Jarrett Frost v. New York City Police Department presents a pivotal examination...

Application of the 'Touch Base' Test in Determining Legally Applicable Privileges under 28 U.S.C. §1782

Date: Nov 10, 2020

Application of the 'Touch Base' Test in Determining Legally Applicable Privileges under 28 U.S.C. §1782 Introduction The judicial landscape surrounding international discovery has been further...

Reaffirmation of Deliberate Indifference Standards in §1983 Claims: James Thomas v. Janice Wolf

Date: Nov 10, 2020

Reaffirmation of Deliberate Indifference Standards in §1983 Claims: James Thomas v. Janice Wolf Introduction James Thomas v. Janice Wolf is a pivotal case adjudicated by the United States Court of...

Second Circuit Certifies Critical Questions on Vested Rights in CBAs to New York Court of Appeals in CSEA v. Cuomo

Date: Nov 7, 2020

Second Circuit Certifies Critical Questions on Vested Rights in CBAs to New York Court of Appeals in CSEA v. Cuomo Introduction The case of Danny Donohue et al. v. Andrew M. Cuomo et al. presents a...

Affirmation of Dismissal: Rigorous Standards for RICO and Fiduciary Duty Claims Against Financial Institutions

Date: Nov 7, 2020

Affirmation of Dismissal: Rigorous Standards for RICO and Fiduciary Duty Claims Against Financial Institutions Introduction In the case of Daniel Zamora, CGC, Inc. v. FIT International Group Corp.,...

Controlled Substance Analogue Enforcement Reinforced: Requena & Raymond Affirmed

Date: Nov 5, 2020

Controlled Substance Analogue Enforcement Reinforced: Requena & Raymond Affirmed Introduction In the case of United States of America v. Brian Requena and Andrew Raymond, the United States Court of...

Affirmation of RICO and TILA Convictions in Payday Loan Scheme: Enforcing State Usury Laws and Ensuring Transparency

Date: Nov 4, 2020

Affirmation of RICO and TILA Convictions in Payday Loan Scheme: Enforcing State Usury Laws and Ensuring Transparency Introduction The case of United States of America v. Richard Moseley, Sr. serves...

Affirmation of Denial for Compassionate Release Under 18 U.S.C. § 3582(c)(1)(A): Insights from United States v. Patrick Roney

Date: Nov 3, 2020

Affirmation of Denial for Compassionate Release Under 18 U.S.C. § 3582(c)(1)(A): Insights from United States v. Patrick Roney Introduction In United States of America v. Patrick Roney, the United...

Second Circuit Affirms SSA Disability Denial, Reinforcing Deference to Administrative Rulings and Substantial Evidence Standard

Date: Oct 31, 2020

Second Circuit Affirms SSA Disability Denial, Reinforcing Deference to Administrative Rulings and Substantial Evidence Standard Introduction In the case of Laurel M. Ramsey v. Commissioner of Social...

Continuing-Violation Doctrine Does Not Toll Statute of Limitations for Insurance Premium Overpayments

Date: Oct 30, 2020

Continuing-Violation Doctrine Does Not Toll Statute of Limitations for Insurance Premium Overpayments Introduction The case of Dale Miller and John F. Barton, Jr. v. Metropolitan Life Insurance...

Affirmation of Transportation Liability for Child Pornography in Peer-to-Peer Networks: U.S. v. Clarke

Date: Oct 30, 2020

Affirmation of Transportation Liability for Child Pornography in Peer-to-Peer Networks: U.S. v. Clarke Introduction The case of United States of America v. Fernando Clarke (979 F.3d 82, Second...

Constructive Waiver of Timeliness in Post-Trial Motions and Distinct Claims under Title VII and §1983: Insights from Ulster County v. Legg

Date: Oct 30, 2020

Constructive Waiver of Timeliness in Post-Trial Motions and Distinct Claims under Title VII and §1983: Insights from Ulster County v. Legg Introduction Ulster County v. Legg is a significant case...

Establishing Clear and Convincing Evidence Standard for Immigration Detention: Velasco Lopez v. Decker

Date: Oct 28, 2020

Establishing Clear and Convincing Evidence Standard for Immigration Detention: Velasco Lopez v. Decker Introduction The case of Carlos Velasco Lopez v. Thomas Decker et al. is a landmark decision by...

Bennett v. Dutchess County: Affirmation of Law Enforcement's Retention of Firearms Under the Fourth and Fourteenth Amendments

Date: Oct 23, 2020

Bennett v. Dutchess County: Affirmation of Law Enforcement's Retention of Firearms Under the Fourth and Fourteenth Amendments Introduction Bennett v. Dutchess County is a significant appellate...

Strict Adherence to Appellate Brief Standards and FMLA Pleading Requirements Affirmed in Arroyo-Horne v. City of New York

Date: Oct 17, 2020

Strict Adherence to Appellate Brief Standards and FMLA Pleading Requirements Affirmed in Arroyo-Horne v. City of New York Introduction Monica Arroyo-Horne, an administrative aide with the New York...

Collateral Estoppel and Sovereign Immunity in §1983 Claims: Analyzing Pappas v. Lorintz et al.

Date: Oct 16, 2020

Collateral Estoppel and Sovereign Immunity in §1983 Claims: Analyzing Pappas v. Lorintz et al. Introduction In the landmark case Anthony Pappas v. Joseph Lorintz et al., the United States Court of...

Affirmation of Dismissal for Failure to Prosecute and Comply with Discovery Under FRCP Rules 37 and 41(b)

Date: Oct 10, 2020

Affirmation of Dismissal for Failure to Prosecute and Comply with Discovery Under FRCP Rules 37 and 41(b) Introduction In the case of Umesh Heendeniya v. St. Joseph's Hospital Health Center et al.,...

Second Circuit Affirms SSI Denial: Standards for Residual Functional Capacity Determination in Yucekus v. Commissioner of Social Security

Date: Oct 10, 2020

Second Circuit Affirms SSI Denial: Standards for Residual Functional Capacity Determination in Yucekus v. Commissioner of Social Security Introduction In the case of Volkan Yucekus v. Commissioner of...

Second Circuit Clarifies Damage Element in Breach of Fiduciary Duty Claims Under New York's Faithless Servant Doctrine

Date: Oct 9, 2020

Second Circuit Clarifies Damage Element in Breach of Fiduciary Duty Claims Under New York's Faithless Servant Doctrine Introduction In the case of Yukos Capital S.A.R.L. et al. v. Daniel Feldman et...