2d Circuit Case Commentaries

Rosemond v. United States: Affirming the Boundaries of Defendant Autonomy and Counsel's Strategic Concessions under the Sixth Amendment

Date: May 2, 2020

Rosemond v. United States: Affirming the Boundaries of Defendant Autonomy and Counsel's Strategic Concessions under the Sixth Amendment Introduction Rosemond v. United States is a landmark decision...

Affirming Diversity Jurisdiction in FAA section 7 Enforcement Petitions

Date: May 2, 2020

Affirming Diversity Jurisdiction in FAA section 7 Enforcement Petitions Introduction The case of Washington National Insurance Company v. Obex Group LLC and Randall Katzenstein (958 F.3d 126)...

Affirmation of the Discretionary Function Exception Under the FTCA in Huntress and Acquest v. United States

Date: May 1, 2020

Affirmation of the Discretionary Function Exception Under the FTCA in Huntress and Acquest v. United States Introduction In the case of William L. Huntress, Acquest Development, LLC v. United States...

Enhanced Standards for Declaratory Judgment Jurisdiction in Trademark Disputes: Saleh v. Sulka Trading Ltd.

Date: May 1, 2020

Enhanced Standards for Declaratory Judgment Jurisdiction in Trademark Disputes: Saleh v. Sulka Trading Ltd. Introduction The case of Abdul Rehman Karim Saleh v. Sulka Trading Ltd. addresses crucial...

Scarlett v. Barr: Reinforcing the "Unwilling or Unable" Standard in Withholding of Removal and CAT Relief

Date: Apr 29, 2020

Scarlett v. Barr: Reinforcing the "Unwilling or Unable" Standard in Withholding of Removal and CAT Relief Introduction Leston Augustus Scarlett, a Jamaican national and former police officer,...

Second Circuit Establishes New Precedent on First Step Act Eligibility

Date: Apr 25, 2020

Second Circuit Establishes New Precedent on First Step Act Eligibility Introduction In the landmark case United States of America v. Jason Holloway, 956 F.3d 660 (2d Cir. 2020), the United States...

Employee Status in Court-Ordered Rehabilitation Programs Under FLSA: Vaughn v. Phoenix House

Date: Apr 23, 2020

Employee Status in Court-Ordered Rehabilitation Programs Under FLSA: Vaughn v. Phoenix House Introduction In the case of Mark Vaughn vs. Phoenix House New York Inc., adjudicated by the United States...

Expansion of Compassionate Release under the First Step Act: Analyzing Marks v. United States

Date: Apr 21, 2020

Expansion of Compassionate Release under the First Step Act: Analyzing Marks v. United States Introduction Marks v. United States, 455 F. Supp. 3d 17, adjudicated by the United States District Court...

Affirmation of Dismissal in Eighth Amendment Medical Neglect: Lombardo v. Graham

Date: Apr 21, 2020

Affirmation of Dismissal in Eighth Amendment Medical Neglect: Lombardo v. Graham Introduction In the case of Joseph Lombardo v. Harold D. Graham, Superintendent Auburn Correctional Facility, Jane...

Affirmation of Dismissal in Employment Discrimination Case: Ninying v. FDNY

Date: Apr 18, 2020

Affirmation of Dismissal in Employment Discrimination Case: Ninying v. FDNY Introduction The case of George Ful Ninying v. New York City Fire Department (FDNY) presents significant insights into the...

Reaffirmation of § 3553(c): The Imperative for Transparent Sentencing Justifications

Date: Apr 18, 2020

Reaffirmation of § 3553(c): The Imperative for Transparent Sentencing Justifications Introduction The case United States of America v. Gilberto Rosa (957 F.3d 113) adjudicated by the United States...

Deliberate Indifference Under the Eighth Amendment: Insights from Morgan v. Dzurenda

Date: Apr 16, 2020

Deliberate Indifference Under the Eighth Amendment: Insights from Morgan v. Dzurenda Introduction Morgan v. Dzurenda is a pivotal case decided by the United States Court of Appeals for the Second...

Ongoing Orders of Conditions Sustain Habeas Corpus Claims: Janakievski v. Rochester Psychiatric Center

Date: Apr 11, 2020

Ongoing Orders of Conditions Sustain Habeas Corpus Claims Janakievski v. Rochester Psychiatric Center, 955 F.3d 314 (2d Cir. 2020) Introduction In Steven Janakievski v. Executive Director, Rochester...

Adamson v. NYPD: Second Circuit Reaffirms Standards for Summary Judgment in §1983 Excessive Force and Deliberate Indifference Claims

Date: Apr 10, 2020

Adamson v. NYPD: Second Circuit Reaffirms Standards for Summary Judgment in §1983 Excessive Force and Deliberate Indifference Claims Introduction In Alty Adamson, Plaintiff-Appellant, v. Detecti et...

Insurance Coverage for Failure-to-Accommodate Discrimination Claims: A New Precedent

Date: Apr 10, 2020

Insurance Coverage for Failure-to-Accommodate Discrimination Claims: A New Precedent Introduction The case of Brooklyn Center for Psychotherapy, Inc. v. Philadelphia Indemnity Insurance Company,...

Plaintiff-Appellant Jean M. Pettaway v. National Recovery Solutions, LLC: Establishing New Standards for Amended Complaints in FDCPA Claims

Date: Apr 10, 2020

Plaintiff-Appellant Jean M. Pettaway v. National Recovery Solutions, LLC: Establishing New Standards for Amended Complaints in FDCPA Claims Introduction In the landmark case of Jean M. Pettaway v....

Compassionate Release in the Context of a Pandemic: United States v. John McCarthy

Date: Apr 9, 2020

Compassionate Release in the Context of a Pandemic: United States v. John McCarthy Introduction In United States of America v. John McCarthy, the United States District Court for the District of...

Second Circuit Establishes Broad Definition of ATDS under TCPA in Duran v. La Boom Disco

Date: Apr 8, 2020

Second Circuit Establishes Broad Definition of Automatic Telephone Dialing Systems under TCPA in Duran v. La Boom Disco Introduction In the landmark case Radames Duran v. La Boom Disco, Inc., decided...

Adams v. United States: Inclusion of Uncharged Conduct in Tax Loss Calculations under U.S.S.G. § 2T1.1

Date: Apr 8, 2020

Adams v. United States: Inclusion of Uncharged Conduct in Tax Loss Calculations under U.S.S.G. § 2T1.1 Introduction Adams v. United States is a significant appellate decision issued by the United...

Affirmation of Life Imprisonment for Conspiracy to Commit Witness Tampering: United States v. Mack

Date: Apr 3, 2020

Affirmation of Life Imprisonment for Conspiracy to Commit Witness Tampering: United States v. Mack Introduction In the case of United States of America v. Dominique Mack, the United States Court of...