2d Circuit Case Commentaries

Liberal Construction of Pro Se Discrimination Claims: McLeod v. Jewish Guild for the Blind

Date: Jul 20, 2017

Liberal Construction of Pro Se Discrimination Claims: McLeod v. Jewish Guild for the Blind Introduction The case of Easter S. McLeod v. The Jewish Guild for the Blind, adjudicated by the United...

Establishing 'Motivating Factor' Causation Standard for FMLA Retaliation Claims: Commentary on Woods v. START Treatment & Recovery Centers

Date: Jul 20, 2017

Establishing 'Motivating Factor' Causation Standard for FMLA Retaliation Claims: Commentary on Woods v. START Treatment & Recovery Centers Introduction The case of Cassandra Woods v. START Treatment...

ERISA Exclusion for Partnership-Like Stock Rights Plans: Analysis of Pasternack v. Shrader

Date: Jul 14, 2017

ERISA Exclusion for Partnership-Like Stock Rights Plans: Analysis of Pasternack v. Shrader Introduction In the case of Bruce Pasternack, Plaintiff-Appellant, et al. v. Ralph W. Shrader,...

In re Petrobras Securities: Second Circuit Clarifies Class Certification Standards under Rule 23(b)(3)

Date: Jul 8, 2017

In re Petrobras Securities: Second Circuit Clarifies Class Certification Standards under Rule 23(b)(3) Introduction The case of In re Petrobras Securities presents a significant development in the...

Qualified Immunity in the Use of Tasers on Fleeing Suspects: Insights from Soto v. Bridgeport

Date: Jul 6, 2017

Qualified Immunity in the Use of Tasers on Fleeing Suspects: Insights from Soto v. Bridgeport Introduction The case of Orlando Soto, Conservator v. City of Bridgeport and Chief of Police Joseph...

Arnone v. Aetna: Section 5-335 Protects Disability Benefits from Personal Injury Settlement Offsets

Date: Jun 23, 2017

Arnone v. Aetna: Section 5-335 Protects Disability Benefits from Personal Injury Settlement Offsets Introduction In the landmark case of Sal v. Tore Arnone, heard by the United States Court of...

Vivint Solar IPO Disclosure Standards Affirmed Under DeMaria Test

Date: Jun 22, 2017

Vivint Solar IPO Disclosure Standards Affirmed Under DeMaria Test Introduction The case of Robby Shawn Stadnick, et al. v. Vivint Solar, Inc. adjudicated by the United States Court of Appeals for the...

Harbin v. Sessions: Indivisibility of NYPL § 220.31 and Its Implications for Aggravated Felony Classification

Date: Jun 22, 2017

Harbin v. Sessions: Indivisibility of NYPL § 220.31 and Its Implications for Aggravated Felony Classification Introduction In Harbin v. Sessions, 860 F.3d 58 (2d Cir. 2017), the United States Court...

Qualified Immunity and First Amendment Rights in Educational Settings: Johnson v. Perry

Date: Jun 9, 2017

Qualified Immunity and First Amendment Rights in Educational Settings: Johnson v. Perry Introduction Johnson v. Perry is a pivotal case adjudicated by the United States Court of Appeals for the...

Establishing Standing in Class Action: Insights from Sean John v. Whole Foods Market Group

Date: Jun 3, 2017

Establishing Standing in Class Action: Insights from Sean John v. Whole Foods Market Group Introduction The appellate decision in Sean John, Individually and on Behalf of All Others Similarly...

Determining Trust Citizenship for Diversity Jurisdiction: Insights from Loubier Irrevocable Trust v. Cable Trust

Date: Jun 2, 2017

Determining Trust Citizenship for Diversity Jurisdiction: Insights from Loubier Irrevocable Trust v. Cable Trust Introduction The legal landscape surrounding trust citizenship for diversity...

Second Circuit Upholds Fourth Amendment Standards in Digital Surveillance: United States v. Ross Ulbricht

Date: Jun 1, 2017

Second Circuit Upholds Fourth Amendment Standards in Digital Surveillance: United States v. Ross Ulbricht Introduction In the landmark case of United States v. Ross William Ulbricht, decided by the...

Establishing a Pattern in RICO Claims: Insights from Reich v. Betancourt Lopez

Date: May 27, 2017

Establishing a Pattern in RICO Claims: Insights from Reich v. Betancourt Lopez Introduction In Reich v. Betancourt Lopez, 858 F.3d 55 (2d Cir. 2017), the United States Court of Appeals for the Second...

Affirmation of Nolle Prosequi as Favorable Termination in Section 1983 Malicious Prosecution Claims

Date: May 23, 2017

Affirmation of Nolle Prosequi as Favorable Termination in Section 1983 Malicious Prosecution Claims Introduction In the appellate case Paul Spak v. Shane Phillips (857 F.3d 458), the United States...

ERISA Does Not Completely Preempt Out-of-Network Providers' Promissory Estoppel Claims: McCulloch v. Aetna

Date: May 19, 2017

ERISA Does Not Completely Preempt Out-of-Network Providers' Promissory Estoppel Claims: McCulloch v. Aetna Introduction McCulloch Orthopaedic Surgical Services, PLLC, a/k/a Dr. Kenneth E. McCulloch...

Expanding Jurisdiction Under the Magnuson-Moss Warranty Act: Pyskaty v. Wide World of Cars

Date: May 11, 2017

Expanding Jurisdiction Under the Magnuson-Moss Warranty Act: Pyskaty v. Wide World of Cars Introduction In the landmark case Maya Pyskaty v. Wide World of Cars, LLC, adjudicated by the United States...

Affirming Derivative Claims and Supplemental Jurisdiction Under CAFA: Insights from F5 Capital v. Petros Pappas

Date: Apr 27, 2017

Affirming Derivative Claims and Supplemental Jurisdiction Under CAFA: Insights from F5 Capital v. Petros Pappas Introduction The case of F5 Capital, a Cayman Islands Corporation, Plaintiff–Appellant,...

Res Judicata and Bankruptcy Proceedings: Second Circuit Reverses Dismissal in Brown Media v. K&L Gates

Date: Apr 15, 2017

Res Judicata and Bankruptcy Proceedings: Second Circuit Reverses Dismissal in Brown Media v. K&L Gates Introduction The case of Brown Media Corporation, Roy E. Brown, Plaintiffs–Appellants versus K&L...

Independent Contractor Status Affirmed for Black-Car Drivers under FLSA in Saleem v. Corporate Transportation Group

Date: Apr 13, 2017

Independent Contractor Status Affirmed for Black-Car Drivers under FLSA in Saleem v. Corporate Transportation Group Introduction In the landmark case Mazhar Saleem, et al. v. Corporate Transportation...

Timeliness of Prejudgment Interest Motions Post-Remittitur: Tru-Art Sign Co. v. Local 137

Date: Mar 30, 2017

Timeliness of Prejudgment Interest Motions Post-Remittitur: Tru-Art Sign Co. v. Local 137 Introduction The case of Tru-Art Sign Co., Inc. v. Local 137 Sheet Metal Workers International Association...