2d Circuit Case Commentaries

Strict Compliance with Federal Rule 9(b) Essential for False Claims Act Relators: Second Circuit Affirms Dismissal

Date: Oct 6, 2017

Strict Compliance with Federal Rule 9(b) Essential for False Claims Act Relators: Second Circuit Affirms Dismissal Introduction The case of United States of America ex rel. Akiva Tessler,...

Clarifying Res Ipsa Loquitur in Maritime Negligence: Second Circuit Reverses Exoneration of Vessel Owners

Date: Oct 6, 2017

Clarifying Res Ipsa Loquitur in Maritime Negligence: Second Circuit Reverses Exoneration of Vessel Owners Introduction The case of Manhattan by Sail, Inc. v. Charis Tagle addresses critical issues in...

Second Circuit Establishes Strict Privity Requirements for Additional Insured Status in Insurance Policies

Date: Oct 5, 2017

Second Circuit Establishes Strict Privity Requirements for Additional Insured Status in Insurance Policies Introduction The case of Cincinnati Insurance Company v. Harleysville Insurance Company...

Enhanced Requirements for ALJ Reasoning in Substantial Gainful Activity Determinations

Date: Oct 4, 2017

Enhanced Requirements for ALJ Reasoning in Substantial Gainful Activity Determinations Introduction In the case of James A. Klemens, Jr. v. Nancy A. Berryhill, the United States Court of Appeals for...

Grice v. McVeigh: Revisiting Qualified Immunity Standards in Investigatory Detentions

Date: Sep 30, 2017

Grice v. McVeigh: Revisiting Qualified Immunity Standards in Investigatory Detentions Introduction Grice v. McVeigh, 873 F.3d 162 (2d Cir. 2017), addresses critical issues surrounding the doctrine of...

Second Circuit Establishes Parameters for Small Group Defamation in Defamation Claims against Media Entities

Date: Sep 23, 2017

Second Circuit Establishes Parameters for Small Group Defamation in Defamation Claims against Media Entities Introduction In the landmark case of George Elias, IV, Stephen Hadford, Ross Fowler,...

Concrete Injury Requirement for Article III Standing in Procedural Violations: Insights from Katz v. Donna Karan Company

Date: Sep 20, 2017

Concrete Injury Requirement for Article III Standing in Procedural Violations: Insights from Katz v. Donna Karan Company Introduction Katz v. Donna Karan Company is a pivotal case adjudicated by the...

Scope of Appellate Jurisdiction in Dual-Purpose Notice of Appeal Forms: Caltabiano v. United States

Date: Sep 19, 2017

Scope of Appellate Jurisdiction in Dual-Purpose Notice of Appeal Forms: Caltabiano v. United States Introduction The case of United States of America v. John W. Caltabiano, Jr., 871 F.3d 210 (2d Cir....

Exhaustion of Administrative Remedies in §1983 Claims: Insights from White v. Schneiderman

Date: Sep 16, 2017

Exhaustion of Administrative Remedies in §1983 Claims: Insights from White v. Schneiderman Introduction In the landmark case John White, AKA John H. White, Plaintiff-Appellant, v. Eric P. Velie et...

Establishing Transferable Skills Standards in Social Security Disability Claims: Insights from Castle v. Colvin

Date: Sep 9, 2017

Establishing Transferable Skills Standards in Social Security Disability Claims: Insights from Castle v. Colvin Introduction In the case of Deanne P. Castle v. Carolyn W. Colvin, Acting Commissioner...

Broad Interpretation of 'For Use' in Section 1782 Discovery Orders: In re Accent Delight International Ltd. et al. v. Yves Bouvier et al.

Date: Aug 29, 2017

Broad Interpretation of 'For Use' in Section 1782 Discovery Orders In re Accent Delight International Ltd., Xitrans Finance Ltd., Yves Bouvier, MEI Invest Ltd., Intervenors-Appellants, v. Warren...

First Amendment and Organizational Standing in Commercial Speech Restrictions: Centro v. Town of Oyster Bay

Date: Aug 23, 2017

First Amendment and Organizational Standing in Commercial Speech Restrictions: Centro v. Town of Oyster Bay Introduction The case of CENTRO DE LA COMUNIDAD HISPANA DE LOCUST VALLEY, and The Workplace...

Affirmation of Labor Arbitration Awards Under LMRA: Rite Aid v. 1199 SEIU United Healthcare Workers East

Date: Aug 23, 2017

Affirmation of Labor Arbitration Awards Under LMRA: Rite Aid v. 1199 SEIU United Healthcare Workers East Introduction The case of Rite Aid of New York, Inc. v. 1199 SEIU United Healthcare Workers...

Reaffirming Arbitration Agreement Validity in Mobile Applications: Meyer v. Uber Analysis

Date: Aug 18, 2017

Reaffirming Arbitration Agreement Validity in Mobile Applications: Meyer v. Uber Analysis Introduction In the landmark case of Spencer Meyer v. Uber Technologies, Inc., the United States Court of...

Establishing Notice of Termination as Adverse Employment Action under Title VII: Shultz v. Congregation Shearith Israel

Date: Aug 11, 2017

Establishing Notice of Termination as Adverse Employment Action under Title VII: Shultz v. Congregation Shearith Israel Introduction In Alana Shultz v. Congregation Shearith Israel of the City of New...

Establishing Limits on FTCA Claims: The Da v. Watson Decision

Date: Aug 1, 2017

Establishing Limits on FTCA Claims: The Da v. Watson Decision Introduction The case of Davino Watson v. United States, adjudicated by the United States Court of Appeals for the Second Circuit on July...

Second Circuit Establishes Lenient Pleading Standards for FCA Qui Tam Claims and Protects Employee Refusal to Falsify Records

Date: Jul 28, 2017

Second Circuit Establishes Lenient Pleading Standards for FCA Qui Tam Claims and Protects Employee Refusal to Falsify Records Introduction In the landmark case of UNITED STATES of America, EX REL....

NLRA Duty of Fair Representation Does Not Preempt NYSHRL: Comprehensive Commentary on Figueroa v. Foster

Date: Jul 26, 2017

NLRA Duty of Fair Representation Does Not Preempt NYSHRL: Comprehensive Commentary on Figueroa v. Foster Introduction The case of Hector J. Figueroa, President, SEIU Local 32 BJ, CTW, CLC,...

Tannerite Sports v. NBCUniversal: Affirming the Necessity of Alleging Falsity in Defamation Claims Under New York Law

Date: Jul 26, 2017

Tannerite Sports v. NBCUniversal: Affirming the Necessity of Alleging Falsity in Defamation Claims Under New York Law Introduction The case of Tannerite Sports, LLC v. NBCUniversal News Group (864...

Second Circuit Upholds Qualified Immunity for NYPD Officers in Kass v. City of New York

Date: Jul 25, 2017

Second Circuit Upholds Qualified Immunity for NYPD Officers in Kass v. City of New York Introduction The case of Stephen L. Kass v. City of New York et al. revolves around an incident that occurred...