2d Circuit Case Commentaries

Affirmation of Qualified Immunity in Bivens Claim: McGowan v. United States

Date: Jun 8, 2016

Affirmation of Qualified Immunity in Bivens Claim: McGowan v. United States Introduction The case of Daniel McGowan v. United States of America, adjudicated by the United States Court of Appeals for...

Preclusion of District Court Jurisdiction in SEC Administrative Proceedings: Insights from Tilton v. SEC

Date: Jun 2, 2016

Preclusion of District Court Jurisdiction in SEC Administrative Proceedings: Insights from Tilton v. SEC Introduction The case of Lynn Tilton, Patriarch Partners, LLC, et al. v. Securities and...

Public Policy and the Enforceability of Separation Agreements in Qui Tam Actions: Analysis of United States ex rel. Michael A. Ladas v. Exelis, Inc.

Date: May 26, 2016

Public Policy and the Enforceability of Separation Agreements in Qui Tam Actions: Analysis of United States ex rel. Michael A. Ladas v. Exelis, Inc. Introduction In the landmark case United States of...

Contemporaneous Fraudulent Intent Required for Fraud Claims Based on Contractual Breach: Insights from United States ex rel. O'Donnell v. Countrywide

Date: May 24, 2016

Contemporaneous Fraudulent Intent Required for Fraud Claims Based on Contractual Breach: Insights from United States ex rel. O'Donnell v. Countrywide Introduction The case of United States ex rel....

Second Circuit Recognizes Antitrust Standing in Horizontal Price-Fixing Conspiracy

Date: May 24, 2016

Second Circuit Recognizes Antitrust Standing in Horizontal Price-Fixing Conspiracy Introduction The case of Ellen Gelboim et al. v. Bank of America Corporation et al. involved plaintiffs alleging...

Application of the Doctrine of Uberrimae Fidei in Marine Insurance: Fireman's Fund v. Great American Insurance

Date: May 21, 2016

Application of the Doctrine of Uberrimae Fidei in Marine Insurance: Fireman's Fund v. Great American Insurance Introduction In the landmark case of Fireman's Fund Insurance Company, et al. v. Great...

Cumulative Procedural Violations in IEPs Result in FAPE Deprivation

Date: May 21, 2016

Cumulative Procedural Violations in IEPs Result in FAPE Deprivation Introduction The case of L.O. v. New York City Department of Education (822 F.3d 95) adjudicated by the United States Court of...

Second Circuit Upholds Procedural Due Process in SVP Initiative Commitments

Date: May 18, 2016

Second Circuit Upholds Procedural Due Process in SVP Initiative Commitments Introduction The case of Robert Warren, Charles Brooks, Consolidated Plaintiffs–Appellants versus George Pataki et al.,...

Affirmation of Dismissal in Apotex Inc. v. Acorda Therapeutics: Implications for Antitrust and False Advertising Claims in Pharmaceutical Competition

Date: May 17, 2016

Affirmation of Dismissal in Apotex Inc. v. Acorda Therapeutics: Implications for Antitrust and False Advertising Claims in Pharmaceutical Competition Introduction The legal dispute between Apotex...

Restricting Third-Party Standing under ERISA and MHPAEA: Second Circuit Affirms Statutory and Constitutional Limits

Date: May 14, 2016

Restricting Third-Party Standing under ERISA and MHPAEA: Second Circuit Affirms Statutory and Constitutional Limits Introduction The case of American Psychiatric Association, et al. v. Anthem Health...

Second Circuit Establishes 'Inherently Transitory' Exception for Class Actions in Student Loan Discharge Cases

Date: May 13, 2016

Second Circuit Establishes 'Inherently Transitory' Exception for Class Actions in Student Loan Discharge Cases Introduction In the landmark case Salazar, Marilyn Mercado, Ana Bernardez, Jeannette...

Agency Principles and Article III Standing in Class Actions: Second Circuit's Ruling in Marissa Carter v. HealthPort Technologies

Date: May 11, 2016

Agency Principles and Article III Standing in Class Actions: Second Circuit's Ruling in Marissa Carter v. HealthPort Technologies Introduction The case of Marissa Carter, E v. Lyn Grys, Bruce...

Second Circuit Clarifies Proper Scope of Rule 12(b)(6) in RICO Timeliness Dismissals

Date: Apr 29, 2016

Second Circuit Clarifies Proper Scope of Rule 12(b)(6) in RICO Timeliness Dismissals Introduction In the appellate case Vikas Goel and Rainforest Trading Ltd. v. Bunge, Ltd., Bunge S.A., Grains and...

Affirmation of Dismissal for Defamation and Emotional Distress Claims in Robert Friedman v. Self Help Community Services

Date: Apr 27, 2016

Affirmation of Dismissal for Defamation and Emotional Distress Claims in Robert Friedman v. Self Help Community Services Introduction The case of Robert Friedman v. Self Help Community Services, Inc....

Retaliation Under Title VII: Cooper v. New York State Department of Labor Establishes Narrow Scope of Protected Activity

Date: Apr 27, 2016

Retaliation Under Title VII: Cooper v. New York State Department of Labor Establishes Narrow Scope of Protected Activity Introduction Cooper v. New York State Department of Labor is a pivotal case...

Applying Deference to Labor Arbitration under the LMRA: Insights from NFL v. Brady (2d Cir. 2016)

Date: Apr 26, 2016

Applying Deference to Labor Arbitration under the LMRA: Insights from NFL v. Brady (2d Cir. 2016) Introduction The case of NFL Management Council v. NFL Players Association and Tom Brady (820 F.3d...

De Novo Review Standard Established for ERISA Claims under Second Circuit in Halo v. Yale Health Plan

Date: Apr 13, 2016

De Novo Review Standard Established for ERISA Claims under Second Circuit in Halo v. Yale Health Plan Introduction The case of Tiffany L. Halo v. Yale Health Plan, adjudicated by the United States...

Second Circuit Clarifies Admissibility of Expert Testimony in Securities Fraud Cases: In Re Pfizer Inc. Securities Litigation

Date: Apr 13, 2016

Second Circuit Clarifies Admissibility of Expert Testimony in Securities Fraud Cases: In Re Pfizer Inc. Securities Litigation Introduction The United States Court of Appeals for the Second Circuit...

Establishing the Necessity for Detailed Records in Qualified Immunity Cases: Myers v. Police Officer Patterson

Date: Apr 12, 2016

Establishing the Necessity for Detailed Records in Qualified Immunity Cases: Myers v. Police Officer Patterson Introduction The appellate case Damani Jabari Myers, Plaintiff, Julia Johnson,...

Second Circuit Limits Private Enforcement of Medicaid's Reasonable Standards and Affirms Protections under Comparability & Anti-Discrimination Provisions

Date: Mar 25, 2016

Second Circuit Limits Private Enforcement of Medicaid's Reasonable Standards and Affirms Protections under Comparability & Anti-Discrimination Provisions Introduction The case of Harry Davis,...

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