2d Circuit Case Commentaries

Guerra v. Saul: Refining the Weight of Treating Physician Opinions in Social Security Disability Determinations

Date: Oct 5, 2019

Guerra v. Saul: Refining the Weight of Treating Physician Opinions in Social Security Disability Determinations Introduction In the landmark case Vicki Guerra v. Andrew Saul, Commissioner of Social...

Second Circuit Clarifies Sufficiency Standards for Trade Secret Misappropriation and Tortious Interference Claims

Date: Oct 3, 2019

Second Circuit Clarifies Sufficiency Standards for Trade Secret Misappropriation and Tortious Interference Claims Introduction In the case of Continental Industries Group, Inc. v. Mehmet Altunkilic,...

Work Product Privilege and FOIA: Establishing New Precedent in New York Times Co. v. DOJ

Date: Sep 28, 2019

Work Product Privilege and FOIA: Establishing New Precedent in New York Times Co. v. DOJ Introduction In the landmark case of The New York Times Company and Charlie Savage v. United States Department...

Gramins v. United States: Upholding Securities Fraud Conviction Through Counterparty Testimony

Date: Sep 21, 2019

Gramins v. United States: Upholding Securities Fraud Conviction Through Counterparty Testimony Introduction In the case of United States of America v. Michael Gramins, decided by the United States...

Second Circuit Affirms Arbitration of Dodd-Frank Whistleblower Claims While Dismissing SOX Claims for Exhaustion

Date: Sep 20, 2019

Second Circuit Affirms Arbitration of Dodd-Frank Whistleblower Claims While Dismissing SOX Claims for Exhaustion Introduction The case of Erin Daly v. Citigroup Inc., Citigroup Global Markets Inc.,...

Affirmation of Hobbs Act Extortion Convictions in Redinel Dervishaj Case

Date: Sep 19, 2019

Affirmation of Hobbs Act Extortion Convictions in Redinel Dervishaj Case Introduction The case of United States of America v. Redinel Dervishaj, adjudicated by the United States Court of Appeals for...

Expansion of FTCA Liability for Wrongful Immigration Detainers Issued Against U.S. Citizens

Date: Sep 18, 2019

Expansion of FTCA Liability for Wrongful Immigration Detainers Issued Against U.S. Citizens Introduction In the landmark case of LUIS HERNANDEZ, Plaintiff-Appellant, v. UNITED STATES OF AMERICA AND...

Affirmation of IIED and Tortious Interference Claims in Media-Related Litigation: Rich v. Fox News Network

Date: Sep 14, 2019

Affirmation of IIED and Tortious Interference Claims in Media-Related Litigation: Rich v. Fox News Network Introduction In the case of Joel Rich and Mary Rich v. Fox News Network, LLC, Malia...

Partial Dismissals Do Not Constitute Strikes: Second Circuit in Escalera v. Samaritan Village

Date: Sep 13, 2019

Partial Dismissals Do Not Constitute Strikes: Second Circuit in Escalera v. Samaritan Village Introduction In Escalera v. Samaritan Village, the United States Court of Appeals for the Second Circuit...

Substantial Burden on Religious Rights: Insights from Brandon v. Clinton County Jail

Date: Sep 11, 2019

Substantial Burden on Religious Rights: Insights from Brandon v. Clinton County Jail Introduction In the landmark case of Chamma K. Brandon v. Clinton County Jail, the United States Court of Appeals...

United States v. Barrett: Affirming the Categorical Approach to §924(c) Residual Clause in Light of United States v. Davis

Date: Aug 31, 2019

United States v. Barrett: Affirming the Categorical Approach to §924(c) Residual Clause in Light of United States v. Davis Introduction The case of United States of America v. Dwayne Barrett et al.,...

Affirmation of Material Support and Obstruction of Justice Convictions in United States v. Pugh: A Legal Commentary

Date: Aug 30, 2019

Affirmation of Material Support and Obstruction of Justice Convictions in United States v. Pugh: A Legal Commentary Introduction The case of United States of America v. Tairod Nathan Webster Pugh...

Enhancing Defendants' Rights: Admissibility of Third-Party Culpability Evidence in Complete Defense

Date: Aug 21, 2019

Enhancing Defendants' Rights: Admissibility of Third-Party Culpability Evidence in Complete Defense Introduction In the landmark case of Paul Scrimo v. William Lee (935 F.3d 103), the United States...

Supervisor Authority and Testimonial Credibility in Sex Discrimination Claims: Detailed Commentary on Bentley v. AutoZoners

Date: Aug 20, 2019

Supervisor Authority and Testimonial Credibility in Sex Discrimination Claims: Detailed Commentary on Bentley v. AutoZoners Introduction Bentley v. AutoZoners, LLC, 935 F.3d 76 (2d Cir. 2019), is a...

Allowing Jurisdictional Amendments Under 28 U.S.C. § 1653: Van Buskirk v. United Group of Companies

Date: Aug 17, 2019

Allowing Jurisdictional Amendments Under 28 U.S.C. § 1653: Van Buskirk v. United Group of Companies Introduction Van Buskirk v. United Group of Companies, Inc., 935 F.3d 49 (2d Cir. 2019), presents a...

Establishing Enhanced Protections Against Sex Discrimination in Employment: Menaker v. Hofstra University

Date: Aug 16, 2019

Establishing Enhanced Protections Against Sex Discrimination in Employment: Menaker v. Hofstra University Introduction In the landmark case Jeffrey Menaker v. Hofstra University, decided by the...

Limitation on Recovery of Post-Offer Attorney's Fees under Federal Rule 68: Second Circuit Upholds Limitations

Date: Aug 15, 2019

Limitation on Recovery of Post-Offer Attorney's Fees under Federal Rule 68: Second Circuit Upholds Limitations Introduction In the landmark case of Kayheem Lilly v. The City of New York, the United...

Clarifying Causation and Qualified Immunity Standards for §1983 Employment Discrimination Claims: Naumovski v. Norris and Scholl

Date: Aug 13, 2019

Clarifying Causation and Qualified Immunity Standards for §1983 Employment Discrimination Claims: Naumovski v. Norris and Scholl Introduction The case of Elizabeth Naumovski v. James Norris and...

Second Circuit Establishes Key Precedents on Willfulness and Profit Awards in Trademark Infringement Cases

Date: Aug 9, 2019

Second Circuit Establishes Key Precedents on Willfulness and Profit Awards in Trademark Infringement Cases Introduction The United States Court of Appeals for the Second Circuit delivered a pivotal...

Clarifying Motion to Dismiss Procedures and Pleading Standards in Defamation Cases: Palin v. The New York Times Company

Date: Aug 7, 2019

Clarifying Motion to Dismiss Procedures and Pleading Standards in Defamation Cases: Palin v. The New York Times Company Introduction In Sarah Palin, an Individual v. The New York Times Company, 940...