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2d Circuit Case Commentaries

Fay v. Barbera: Recognizing Personal §1983 Liability for Gender-Based Disparate Treatment by Supervisory Officials

Fay v. Barbera: Recognizing Personal §1983 Liability for Gender-Based Disparate Treatment by Supervisory Officials

Date: Jun 3, 2025
Fay v. Barbera: Recognizing Personal §1983 Liability for Gender-Based Disparate Treatment by Supervisory Officials Introduction Fay v. Barbera, decided June 2, 2025 by the Second Circuit, clarifies...
United States v. Lawrence: Affirming District Court Discretion in Crack/Powder Cocaine Sentencing and PSR-Adopted Search Conditions

United States v. Lawrence: Affirming District Court Discretion in Crack/Powder Cocaine Sentencing and PSR-Adopted Search Conditions

Date: Jun 3, 2025
United States v. Lawrence: Affirming District Court Discretion in Crack/Powder Cocaine Sentencing and PSR-Adopted Search Conditions Introduction In United States v. Lawrence (2d Cir. June 2, 2025),...
United States v. Ray: Permissible Coercive Control Expert Testimony and Reinforced RICO Enterprise Doctrine

United States v. Ray: Permissible Coercive Control Expert Testimony and Reinforced RICO Enterprise Doctrine

Date: Jun 3, 2025
United States v. Ray: Permissible Coercive Control Expert Testimony and Reinforced RICO Enterprise Doctrine Introduction In United States v. Ray, 23-6114-cr (2d Cir. June 2, 2025), the Second Circuit...
O'Neill v. Newburgh: Reinforcing the Comparator Requirement in Title VII Disparate Treatment Claims

O'Neill v. Newburgh: Reinforcing the Comparator Requirement in Title VII Disparate Treatment Claims

Date: Jun 3, 2025
O'Neill v. Newburgh: Reinforcing the Comparator Requirement in Title VII Disparate Treatment Claims Introduction In O’Neill v. Newburgh Enlarged City School District, the Second Circuit reviewed a...
Duty of Complete Disclosure in Securities Offers: Material Omissions and Loss Causation Affirmed

Duty of Complete Disclosure in Securities Offers: Material Omissions and Loss Causation Affirmed

Date: Jun 3, 2025
Duty of Complete Disclosure in Securities Offers: Material Omissions and Loss Causation Affirmed Introduction In Maher v. Global Factors, LLC, the United States Court of Appeals for the Second...
Affirmation of District Court’s Discretion in Supervised Release Revocation and Plain-Error Review

Affirmation of District Court’s Discretion in Supervised Release Revocation and Plain-Error Review

Date: Jun 3, 2025
Affirmation of District Court’s Discretion in Supervised Release Revocation and Plain-Error Review Introduction United States v. Johnson, No. 24-2372-cr (2d Cir. June 2, 2025), presents a routine—but...
Actual Notice Supersedes Notice-of-Pendency: Binding Successors in Foreclosure Actions

Actual Notice Supersedes Notice-of-Pendency: Binding Successors in Foreclosure Actions

Date: Jun 3, 2025
Actual Notice Supersedes Notice-of-Pendency: Binding Successors in Foreclosure Actions Introduction East Fork Funding LLC v. Deutsche Bank National Trust Company (2nd Cir. 2025) clarifies the...
Clarifying the Face-to-Face Sales Exemption under the Telemarketing Sales Rule: CFPB v. Stratfs

Clarifying the Face-to-Face Sales Exemption under the Telemarketing Sales Rule: CFPB v. Stratfs

Date: Jun 3, 2025
Clarifying the Face-to-Face Sales Exemption under the Telemarketing Sales Rule: CFPB v. Stratfs Introduction Consumer Financial Protection Bureau v. Stratfs, LLC (f/k/a Strategic Financial Solutions,...
United States v. Novis (Denkberg): Advice-of-Counsel Does Not Obviate Fraudulent Intent in Mail and Wire Fraud Schemes

United States v. Novis (Denkberg): Advice-of-Counsel Does Not Obviate Fraudulent Intent in Mail and Wire Fraud Schemes

Date: Jun 3, 2025
United States v. Novis (Denkberg): Advice-of-Counsel Does Not Obviate Fraudulent Intent in Mail and Wire Fraud Schemes Introduction United States v. Novis (Denkberg), 23-6877-cr (2d Cir. June 2,...
Enforceability of Sole-Remedy Clauses and Economic Loss Rule in Maritime Fuel Supply Contracts

Enforceability of Sole-Remedy Clauses and Economic Loss Rule in Maritime Fuel Supply Contracts

Date: Jun 3, 2025
Enforceability of Sole-Remedy Clauses and Economic Loss Rule in Maritime Fuel Supply Contracts Introduction This commentary examines the Second Circuit’s Summary Order in Serifos Maritime Corporation...
Recusal Requires Objective Evidence of Bias: Brookins v. Figuccio

Recusal Requires Objective Evidence of Bias: Brookins v. Figuccio

Date: Jun 3, 2025
Recusal Requires Objective Evidence of Bias: Brookins v. Figuccio Introduction Brookins v. Figuccio, decided by the United States Court of Appeals for the Second Circuit on June 2, 2025, tested the...
Facial Constitutionality of New York’s Vacancy Survey Provisions: Pre-Compliance Review via Article 78 Upholds Fourth and Fourteenth Amendment Rights

Facial Constitutionality of New York’s Vacancy Survey Provisions: Pre-Compliance Review via Article 78 Upholds Fourth and Fourteenth Amendment Rights

Date: Jun 3, 2025
Facial Constitutionality of New York’s Vacancy Survey Provisions: Pre-Compliance Review via Article 78 Upholds Fourth and Fourteenth Amendment Rights Introduction Hudson Shore Associates Ltd....
Koenigsberg v. Columbia University: Equitable Estoppel Limits in GBL §349/350 Claims

Koenigsberg v. Columbia University: Equitable Estoppel Limits in GBL §349/350 Claims

Date: May 31, 2025
Koenigsberg v. Columbia University: Equitable Estoppel Limits in GBL §349/350 Claims Introduction In Koenigsberg et al. v. Board of Trustees of Columbia University in the City of New York (2d Cir....
District Court Discretion in Competency Hearings and Waiver of Restitution Challenges Established in United States v. Barreto

District Court Discretion in Competency Hearings and Waiver of Restitution Challenges Established in United States v. Barreto

Date: May 31, 2025
District Court Discretion in Competency Hearings and Waiver of Restitution Challenges Established in United States v. Barreto Introduction United States v. Barreto, 23-6799-cr (2d Cir. May 30, 2025),...
FINRA Arbitration Authority: Awarding Damages under Notice 10-39 and Attorneys’ Fees in Defamation Cases

FINRA Arbitration Authority: Awarding Damages under Notice 10-39 and Attorneys’ Fees in Defamation Cases

Date: May 30, 2025
FINRA Arbitration Authority: Awarding Damages under Notice 10-39 and Attorneys’ Fees in Defamation Cases Introduction In Key Investment Services LLC v. Oliver, 23-7326 (2d Cir. 2025), the Second...
FCRA Furnisher Duty Defined: Reasonable Investigations Need Not Guarantee Consumer-Favorable Outcomes

FCRA Furnisher Duty Defined: Reasonable Investigations Need Not Guarantee Consumer-Favorable Outcomes

Date: May 29, 2025
FCRA Furnisher Duty Defined: Reasonable Investigations Need Not Guarantee Consumer-Favorable Outcomes 1. Introduction Suluki v. Credit One Bank, NA, 23-721-cv (2d Cir. May 28, 2025), examines the...
Clarifying Foreclosure Standing under New York Law: Holder vs. Assignee Rights in Courchevel 1850 LLC v. Koznitz I LLC

Clarifying Foreclosure Standing under New York Law: Holder vs. Assignee Rights in Courchevel 1850 LLC v. Koznitz I LLC

Date: May 29, 2025
Clarifying Foreclosure Standing under New York Law: Holder vs. Assignee Rights in Courchevel 1850 LLC v. Koznitz I LLC Introduction Courchevel 1850 LLC v. Koznitz I LLC is a 2025 Second Circuit...
Limitations on Sanctions for Frivolous RICO Claims Post-Removal: Clarifying Rule 11, § 1927, and Inherent Power in Jobar Holding Corp. v. Halio

Limitations on Sanctions for Frivolous RICO Claims Post-Removal: Clarifying Rule 11, § 1927, and Inherent Power in Jobar Holding Corp. v. Halio

Date: May 29, 2025
Limitations on Sanctions for Frivolous RICO Claims Post-Removal: Clarifying Rule 11, § 1927, and Inherent Power in Jobar Holding Corp. v. Halio Introduction This commentary examines the United States...
Limits on Third-Party Standing: Requirement of Close Relationship and Enforcement in Gelb v. Niblack

Limits on Third-Party Standing: Requirement of Close Relationship and Enforcement in Gelb v. Niblack

Date: May 28, 2025
Limits on Third-Party Standing: Requirement of Close Relationship and Enforcement in Gelb v. Niblack Introduction In Gelb v. Niblack, 24-2371 (2d Cir. May 27, 2025), pro se plaintiff Bernard Gelb...
Reaffirming Deference to Adverse Credibility Determinations Based on Cumulative Inconsistencies in Asylum Cases

Reaffirming Deference to Adverse Credibility Determinations Based on Cumulative Inconsistencies in Asylum Cases

Date: May 28, 2025
Reaffirming Deference to Adverse Credibility Determinations Based on Cumulative Inconsistencies in Asylum Cases Introduction In Singh v. Bondi (No. 23-6186, 2d Cir. May 27, 2025), the Second Circuit...
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