2d Circuit Case Commentaries

Enhancing Accountability in Debt Collection: Insights from Wagner v. Chiari & Ilecki, LLP

Date: Sep 5, 2020

Enhancing Accountability in Debt Collection: Insights from Wagner v. Chiari & Ilecki, LLP Introduction In the case of William J. Wagner, Plaintiff-Appellant, versus Chiari & Ilecki, LLP,...

Second Circuit Clarifies Scope of First Step Act: No Retroactive Reduction for Fully-Served Sentences in USA v. Martin

Date: Sep 4, 2020

Second Circuit Clarifies Scope of First Step Act: No Retroactive Reduction for Fully-Served Sentences in USA v. Martin Introduction The United States Court of Appeals for the Second Circuit addressed...

Qualified Immunity Affirmed in Prisoners' Religious Rights Case

Date: Sep 1, 2020

Qualified Immunity Affirmed in Prisoners' Religious Rights Case Introduction In the landmark case of Booker v. Auburn Correctional Facility, the United States Court of Appeals for the Second Circuit...

Appellate Jurisdiction Limits in Qualified Immunity Cases: Franco v. Gunsalus

Date: Aug 29, 2020

Appellate Jurisdiction Limits in Qualified Immunity Cases: Franco v. Gunsalus Introduction In the case of Mario Franco v. Police Officers Gunsalus, Kelly, Lashomb, Mauro, and Others, adjudicated by...

Second Circuit Affirms Exclusion of NYCLU from Disclosure Prohibition under FOIL and Rule 65(d)(2)

Date: Aug 28, 2020

Second Circuit Affirms Exclusion of NYCLU from Disclosure Prohibition under FOIL and Rule 65(d)(2) Introduction In the case of Uniformed Fire Officers Association et al. v. Bill de Blasio, the United...

Emamian v. Rockefeller University: Affirming District Court's Discretion in Jury Verdict Correction and Jury Instruction Challenges

Date: Aug 20, 2020

Emamian v. Rockefeller University: Affirming District Court's Discretion in Jury Verdict Correction and Jury Instruction Challenges Introduction In Effat S. Emamian v. Rockefeller University, 971...

Statutory Preemption of Right of Publicity Under the Copyright Act: Analysis of Jackson v. Roberts, II (Second Circuit, 2020)

Date: Aug 20, 2020

Statutory Preemption of Right of Publicity Under the Copyright Act: Analysis of Jackson v. Roberts, II (Second Circuit, 2020) Introduction The case of In re: Curtis James Jackson, III, Debtor v....

Affirmation of RICO Conspiracy and Reversal of VCAR Murder Counts in Anastasio v. United States

Date: Aug 20, 2020

Affirmation of RICO Conspiracy and Reversal of VCAR Murder Counts in Anastasio v. United States Introduction In the case of United States of America v. Domenico Anastasio, adjudicated by the United...

Affirmation of Dismissal in Copyright Infringement Claim: Abdin v. CBS Broadcasting Inc. et al.

Date: Aug 18, 2020

Affirmation of Dismissal in Copyright Infringement Claim: Abdin v. CBS Broadcasting Inc. et al. Introduction The case of Anas Osama Ibrahim Abdin versus CBS Broadcasting Inc., Netflix, Inc., CBS...

Second Circuit Vacates Summary Judgment in Tiffany v. Costco: Trademark Infringement and Fair Use Revisited

Date: Aug 18, 2020

Second Circuit Vacates Summary Judgment in Tiffany v. Costco: Trademark Infringement and Fair Use Revisited Introduction The case of Tiffany and Company; Tiffany (NJ) LLC...

Affirmation of Qualified Immunity in Public Health Quarantine Enforcement

Date: Aug 15, 2020

Affirmation of Qualified Immunity in Public Health Quarantine Enforcement Introduction The case of LIBERIAN COMMUNITY ASSOCIATION OF CONNECTICUT v. Lamont addresses the legal boundaries of quarantine...

Clarifying DMCA's Double Scienter Requirement: BuzzFeed Inc. v. Gregory Mango

Date: Aug 14, 2020

Clarifying DMCA's Double Scienter Requirement: BuzzFeed Inc. v. Gregory Mango Introduction In the landmark case of BuzzFeed Inc. v. Gregory Mango, the United States Court of Appeals for the Second...

Affirmation of Dismissal: Stricter Standards for Post-Judgment Amendments in Securities Class Actions

Date: Aug 13, 2020

Affirmation of Dismissal: Stricter Standards for Post-Judgment Amendments in Securities Class Actions Introduction In Metzler Investment GmbH, Construction Laborers Pension Trust of Greater St....

Second Circuit Upholds New York's Firearm Licensing Requirements Under Second Amendment and Due Process Protections

Date: Aug 12, 2020

Second Circuit Upholds New York's Firearm Licensing Requirements Under Second Amendment and Due Process Protections Introduction In the landmark case of Libertarian Party of Erie County et al. v....

Denial of Certificate of Appealability Not an Appealable Final Order: Lasher v. United States

Date: Aug 12, 2020

Denial of Certificate of Appealability Not an Appealable Final Order: LASHER v. UNITED STATES Introduction Lena Lasher, a resident of Danbury, Connecticut, appeared pro se to challenge various...

Affirmation of Dismissal in FCRA Compliance: Sprague v. Salisbury Bank

Date: Aug 11, 2020

Affirmation of Dismissal in FCRA Compliance: Sprague v. Salisbury Bank Introduction In Sprague v. Salisbury Bank and Trust Company, the plaintiffs, Robert C. Sprague and C. Robin Zeigler, appealed...

Refining Securities Fraud Pleading Standards: Insights from Colbert v. Rio Tinto PLC

Date: Aug 7, 2020

Refining Securities Fraud Pleading Standards: Insights from Colbert v. Rio Tinto PLC Introduction The case of Anton Colbert, Individually and on Behalf of All Others Similarly Situated v. Rio Tinto...

Rehaif v. United States: Statutory Interpretation vs. Constitutional Law in §2255(h) Successive Motion Applications

Date: Aug 7, 2020

Rehaif v. United States: Statutory Interpretation vs. Constitutional Law in §2255(h) Successive Motion Applications Introduction In the case of Jose Luis Mata v. United States of America, adjudicated...

Second Circuit Affirms Preliminary Injunction Against DHS's 2019 Public Charge Rule for New York, Connecticut, and Vermont

Date: Aug 5, 2020

Second Circuit Affirms Preliminary Injunction Against DHS's 2019 Public Charge Rule for New York, Connecticut, and Vermont Introduction In the landmark case of State of New York, et al. v. United...

Limits on Statutory Damages and CMI Protections: Fischer v. Forrest Analysis

Date: Aug 5, 2020

Limits on Statutory Damages and CMI Protections: Fischer v. Forrest Analysis Introduction The case of James H. Fischer v. Sandra F. Forrest et al., adjudicated by the United States Court of Appeals...