2d Circuit Case Commentaries

Second Circuit Clarifies Rooker-Feldman Doctrine in Settlement Agreement Litigation

Date: Dec 11, 2018

Second Circuit Clarifies Rooker-Feldman Doctrine in Settlement Agreement Litigation Introduction In SUNG CHO, Individually and on Behalf of All Others Similarly Situated v. CITY OF NEW YORK et al.,...

Second Circuit Reaffirms Consumers' Right to Challenge Misleading 'Whole Grain' Labeling in Mantikas v. Kellogg

Date: Dec 11, 2018

Second Circuit Reaffirms Consumers' Right to Challenge Misleading 'Whole Grain' Labeling in Mantikas v. Kellogg Introduction The case of Kristen Mantikas, Kristin Burns, and Linda Castle v. Kellogg...

Affirmation of Summary Judgment in Bamba v. Fenton Establishes Strict Standards for Title VII Retaliation Claims

Date: Dec 5, 2018

Affirmation of Summary Judgment in Bamba v. Fenton Establishes Strict Standards for Title VII Retaliation Claims Introduction In the case of N'Dama Miankanze Bamba v. Kimberly Fenton, Stony Brook...

Geismann v. ZocDoc: Clarifying Mootness in TCPA Class Actions Involving Rule 67 Deposits

Date: Nov 28, 2018

Geismann v. ZocDoc: Clarifying Mootness in TCPA Class Actions Involving Rule 67 Deposits Introduction In the landmark case Radha Geismann, M.D., P.C. v. Zocdoc, Inc., the United States Court of...

Affirming the High Bar for Prejudice in Ineffective Assistance Claims: Second Circuit's Decision in Garner v. Lee

Date: Nov 16, 2018

Affirming the High Bar for Prejudice in Ineffective Assistance Claims: Second Circuit's Decision in Garner v. Lee Introduction The case of Blair Garner v. William Lee is a significant judicial...

Defining 'Medium Work' in SSA Disability Claims: Analysis of Trepanier v. SSA, 2018

Date: Nov 14, 2018

Defining 'Medium Work' in SSA Disability Claims: Analysis of Trepanier v. SSA, 2018 Introduction Trepanier v. Commissioner of Social Security Administration is a pivotal case adjudicated by the...

Affirming the Affirmative: Second Circuit Upholds 'Favorable Termination' Requirement in Malicious Prosecution Claims under §1983

Date: Nov 8, 2018

Affirming the Affirmative: Second Circuit Upholds 'Favorable Termination' Requirement in Malicious Prosecution Claims under §1983 Introduction In the case of David Lanning Jr. v. City of Glens Falls...

Clarifying §1983 Claims: Second Circuit's Ruling on Municipal Liability and Deliberate Indifference in Valdiviezo v. ezo

Date: Oct 19, 2018

Clarifying §1983 Claims: Second Circuit's Ruling on Municipal Liability and Deliberate Indifference in Valdiviezo v. ezo Introduction In Mario Valdiviezo v. ezo, the United States Court of Appeals...

Illarramendi v. United States: Clarifying Certificate of Appealability in Bail Denials for Section 2255 Motions

Date: Oct 17, 2018

Illarramendi v. United States: Clarifying Certificate of Appealability in Bail Denials for Section 2255 Motions Introduction The case of Francisco Illarramendi v. United States, 906 F.3d 268 (2d Cir....

Second Circuit Clarifies Expense-Supplemental Obligations and Follow-the-Form Clauses in Reinsurance Contracts: Utica v. Clearwater

Date: Sep 26, 2018

Second Circuit Clarifies Expense-Supplemental Obligations and Follow-the-Form Clauses in Reinsurance Contracts: Utica v. Clearwater Introduction The case of Utica Mutual Insurance Company v....

Affirmation and Partial Vacatur in NFL Licensing Dispute: A New Precedent in Copyright and Contract Law

Date: Sep 12, 2018

Affirmation and Partial Vacatur in NFL Licensing Dispute: A New Precedent in Copyright and Contract Law Introduction In the landmark case of Paul Spinelli et al. v. National Football League et al.,...

Clarifying Proximate Cause in RICO Claims: Empire Merchants LLC v. Reliable Churchill LLLP

Date: Aug 29, 2018

Clarifying Proximate Cause in RICO Claims: Empire Merchants LLC v. Reliable Churchill LLLP Introduction In the case of Empire Merchants, LLC v. Reliable Churchill LLLP, the United States Court of...

Protected National Security Documents Act and FOIA: Second Circuit Upholds DoD's Withholding of Detainee Photographs

Date: Aug 22, 2018

Protected National Security Documents Act and FOIA: Second Circuit Upholds DoD's Withholding of Detainee Photographs Introduction The case of American Civil Liberties Union, Center for Constitutional...

Affirmation of Motion to Dismiss §1983 Equal Protection and Conspiracy Claims: Implications for Future Litigation

Date: Aug 18, 2018

Affirmation of Motion to Dismiss §1983 Equal Protection and Conspiracy Claims: Implications for Future Litigation Introduction In the case of Rosanne DiPizio, Dreamco Development Corporation v....

Second Circuit Rules First-to-File Bar Under False Claims Act Is Incurable by Amendment

Date: Aug 10, 2018

Second Circuit Rules First-to-File Bar Under False Claims Act Is Incurable by Amendment Introduction In the landmark case United States ex rel. John A. Wood v. Allergan, Inc., 899 F.3d 163 (2d Cir....

Supplemental Jurisdiction and Due Process: Insights from Catzin v. Thank You & Good Luck Corp.

Date: Aug 9, 2018

Supplemental Jurisdiction and Due Process: Insights from Catzin v. Thank You & Good Luck Corp. Introduction Catzin v. Thank You & Good Luck Corp., 899 F.3d 77 (2d Cir. 2018), is a significant...

Affirmation of Lack of Derivative Standing in NCUA Board v. U.S. Bank National Association

Date: Aug 3, 2018

Affirmation of Lack of Derivative Standing in NCUA Board v. U.S. Bank National Association Introduction The case of NATIONAL CREDIT UNION ADMINISTRATION BOARD v. U.S. BANK NATIONAL ASSOCIATION (898...

Second Circuit Upholds Vermont's Public Campaign Financing Restrictions under First Amendment

Date: Aug 1, 2018

Second Circuit Upholds Vermont's Public Campaign Financing Restrictions under First Amendment Introduction In the case of Dean Corran et al. v. Vermont Secretary of State et al., the United States...

United States v. Kamel Lambus: Reversal of Evidence Suppression Warrants New Standards for Wiretap and GPS Data

Date: Jul 26, 2018

United States v. Kamel Lambus: Reversal of Evidence Suppression Warrants New Standards for Wiretap and GPS Data Introduction In the case of United States of America, Appellant, v. Kamel Lambus (897...

Predominance Requirement in Multi-State Class Actions under Rule 23(b)(3): Langan v. Johnson & Johnson

Date: Jul 25, 2018

Predominance Requirement in Multi-State Class Actions under Rule 23(b)(3): Langan v. Johnson & Johnson Introduction Langan v. Johnson & Johnson, 897 F.3d 88 (2d Cir. 2018), is a pivotal case that...