2d Circuit Case Commentaries

2nd Circuit Clarifies Disability Discrimination Standards under the Fair Housing Act

Date: Jun 3, 2015

2nd Circuit Clarifies Disability Discrimination Standards under the Fair Housing Act Introduction In the landmark case Heidi Rodriguez, et al. v. Village Green Realty, Inc., the United States Court...

Defining 'Available' Administrative Remedies under PLRA: Second Circuit Vacates Summary Judgment in Hubbs v. Suffolk County Sheriff's Department

Date: Jun 3, 2015

Defining 'Available' Administrative Remedies under PLRA: Second Circuit Vacates Summary Judgment in Hubbs v. Suffolk County Sheriff's Department Introduction The case of Gregory Hubbs v. Suffolk...

Second Circuit Affirms Dismissal in Securities Fraud Case: Limitations on Inactionable Puffery in Section 11 Claims

Date: May 29, 2015

Second Circuit Affirms Dismissal in Securities Fraud Case: Limitations on Inactionable Puffery in Section 11 Claims Introduction In the case of George Scott, Individually and on Behalf of All Others...

Antitrust Enforcement Against Pharmaceutical Product Hopping: People of New York v. Actavis PLC and Forest Laboratories

Date: May 23, 2015

Antitrust Enforcement Against Pharmaceutical Product Hopping: People of New York v. Actavis PLC and Forest Laboratories Introduction The case People of the State of New York, by and through Eric T....

Establishing Misappropriation in Unfair Competition: Insights from Big Vision Pvt Ltd v. DuPont

Date: May 22, 2015

Establishing Misappropriation in Unfair Competition: Insights from Big Vision Pvt Ltd v. E.I. DuPont de Nemours & Company Introduction In the landmark case of Big Vision Private Limited v. E.I. Du...

ASL Interpreters as Reasonable Accommodation under ADA Affirmed: Noll v. IBM

Date: May 22, 2015

ASL Interpreters as Reasonable Accommodation under ADA Affirmed: Noll v. IBM Introduction Alfred J. Noll, a deaf software engineer employed by International Business Machines Corporation (IBM),...

Expanding Employer Liability for Supervisory Harassment under Section 1981: Second Circuit's Decision in Wiercinski v. Mangia 57, Inc.

Date: May 22, 2015

Expanding Employer Liability for Supervisory Harassment under Section 1981: Second Circuit's Decision in Wiercinski v. Mangia 57, Inc. Introduction The case of Adam Wiercinski v. Mangia 57, Inc.,...

Substantial Evidence Upholds Disability Determination: Camille v. Colvin

Date: May 20, 2015

Substantial Evidence Upholds Disability Determination: Camille v. Colvin Introduction In Camille v. Colvin, 104 F. Supp. 3d 329 (W.D.N.Y. 2015), Plaintiff Brian Michael Camille challenged the denial...

Strengthening Prevailing Party Rights under the Equal Access to Justice Act: Padula v. Colvin

Date: May 8, 2015

Strengthening Prevailing Party Rights under the Equal Access to Justice Act: Padula v. Colvin Introduction The case of Gerard Padula v. Carolyn W. Colvin, Commissioner of Social Security (602 F....

Restricting Bulk Metadata Collection: A Second Circuit Review of ACLU v. Clapper

Date: May 8, 2015

Restricting Bulk Metadata Collection: A Second Circuit Review of ACLU v. Clapper Introduction In American Civil Liberties Union, American Civil Liberties Union Foundation, New York Civil Liberties...

Affirming Government Standing in Criminal Forfeiture and Fraudulent Conveyance: Watts v. United States

Date: May 5, 2015

Affirming Government Standing in Criminal Forfeiture and Fraudulent Conveyance: Watts v. United States Introduction In the landmark case of UNITED STATES of America v. Rodney Watts, the United States...

Defining Arbitrator's Authority: Insights from Benihana Inc. v. Benihana of Tokyo, LLC

Date: Apr 29, 2015

Defining Arbitrator's Authority: Insights from Benihana Inc. v. Benihana of Tokyo, LLC Introduction In the landmark case of Benihana Inc. v. Benihana of Tokyo, LLC, the United States Court of Appeals...

Affirmation of ALJ's Residual Functional Capacity Determination Supported by Substantial Evidence: Barry v. Colvin

Date: Apr 22, 2015

Affirmation of ALJ's Residual Functional Capacity Determination Supported by Substantial Evidence: Barry v. Colvin Introduction The case of Jennifer M. Barry v. Carolyn W. Colvin, decided by the...

Expansion of FLSA Anti-Retaliation Protections: Greathouse v. JHS Security Overrules Lambert

Date: Apr 21, 2015

Expansion of FLSA Anti-Retaliation Protections: Greathouse v. JHS Security Overrules Lambert Introduction The case of Darnell Greathouse v. JHS Security Inc. represents a significant development in...

Second Circuit Reinforces High Pleading Standards for Securities Fraud Claims: IBEW Local Union No. 58 v. RBS

Date: Apr 16, 2015

Second Circuit Reinforces High Pleading Standards for Securities Fraud Claims: IBEW Local Union No. 58 v. RBS Introduction The case of IBEW Local Union No. 58 Pension Trust Fund and Annuity Fund et...

FGIC v. Putnam: Affirming Fraud and Negligence Claims through Special Relationship in CDO Management

Date: Apr 16, 2015

FGIC v. Putnam: Affirming Fraud and Negligence Claims through Special Relationship in CDO Management Introduction The case Financial Guaranty Insurance Company (FGIC) v. The Putnam Advisory Company,...

Second Circuit Clarifies Statute of Limitations for First Amendment Retaliatory Prosecution Claims under § 1983: Smith v. Campbell

Date: Apr 2, 2015

Second Circuit Clarifies Statute of Limitations for First Amendment Retaliatory Prosecution Claims under § 1983: Smith v. Campbell Introduction In the appellate case of Joanne Smith, Donald Smith,...

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2d Circuit Case Commentaries

2nd Circuit Clarifies Disability Discrimination Standards under the Fair Housing Act

Defining 'Available' Administrative Remedies under PLRA: Second Circuit Vacates Summary Judgment in Hubbs v. Suffolk County Sheriff's Department

Second Circuit Affirms Dismissal in Securities Fraud Case: Limitations on Inactionable Puffery in Section 11 Claims

Antitrust Enforcement Against Pharmaceutical Product Hopping: People of New York v. Actavis PLC and Forest Laboratories

Establishing Misappropriation in Unfair Competition: Insights from Big Vision Pvt Ltd v. DuPont

ASL Interpreters as Reasonable Accommodation under ADA Affirmed: Noll v. IBM

Expanding Employer Liability for Supervisory Harassment under Section 1981: Second Circuit's Decision in Wiercinski v. Mangia 57, Inc.

Substantial Evidence Upholds Disability Determination: Camille v. Colvin

Strengthening Prevailing Party Rights under the Equal Access to Justice Act: Padula v. Colvin

Restricting Bulk Metadata Collection: A Second Circuit Review of ACLU v. Clapper

Affirming Government Standing in Criminal Forfeiture and Fraudulent Conveyance: Watts v. United States

Defining Arbitrator's Authority: Insights from Benihana Inc. v. Benihana of Tokyo, LLC

Affirmation of ALJ's Residual Functional Capacity Determination Supported by Substantial Evidence: Barry v. Colvin

Expansion of FLSA Anti-Retaliation Protections: Greathouse v. JHS Security Overrules Lambert

Second Circuit Reinforces High Pleading Standards for Securities Fraud Claims: IBEW Local Union No. 58 v. RBS

FGIC v. Putnam: Affirming Fraud and Negligence Claims through Special Relationship in CDO Management

Second Circuit Clarifies Statute of Limitations for First Amendment Retaliatory Prosecution Claims under § 1983: Smith v. Campbell

Futility of Amended Title VII Claims Due to Insufficient Adverse Employment Action: Second Circuit Affirms

Ensuring Fairness and Transparency in FLSA Settlements: Analysis of Lopez v. Nights of Cabiria

Judicial Estoppel in Employment Discrimination: Robinson v. Concentra Health Services