2d Circuit Case Commentaries

Enhanced Disclosure Requirements Under the FDCPA: Avila v. Riexinger & Associates

Date: Mar 23, 2016

Enhanced Disclosure Requirements Under the FDCPA: Avila v. Riexinger & Associates Introduction In Avila v. Riexinger & Associates, LLC, the United States Court of Appeals for the Second Circuit...

Defining the Relevant Geographic Market in Antitrust Litigation: Insights from Concord Associates v. EPT Concord

Date: Mar 19, 2016

Defining the Relevant Geographic Market in Antitrust Litigation: Insights from Concord Associates v. EPT Concord United States Court of Appeals, Second Circuit, 2016 Introduction The case of Concord...

Graziadio v. Culinary Institute of America: Defining FMLA Interference and ADA Associational Discrimination

Date: Mar 18, 2016

Graziadio v. Culinary Institute of America: Defining FMLA Interference and ADA Associational Discrimination Introduction In Graziadio v. Culinary Institute of America, the United States Court of...

Establishing Accountability in Malicious Prosecution: Analysis of Rentas v. Ruffin

Date: Mar 9, 2016

Establishing Accountability in Malicious Prosecution: Analysis of Rentas v. Ruffin Introduction Rentas v. Ruffin is a pivotal case adjudicated by the United States Court of Appeals for the Second...

Affirmation of Adequate State Remedies Precluding §1983 Claims: Attallah v. NY College of Osteopathic Medicine

Date: Mar 8, 2016

Affirmation of Adequate State Remedies Precluding §1983 Claims Attallah v. New York College of Osteopathic Medicine et al., 643 F. App'x 7 (2d Cir. 2016) Introduction In Attallah v. New York College...

Defining Materially Misleading Statements of Opinion in Securities Law: Gen. Partner Glenn Tongue v. Sanofi

Date: Mar 5, 2016

Defining Materially Misleading Statements of Opinion in Securities Law: Gen. Partner Glenn Tongue v. Sanofi Introduction The case of Gen. Partner Glenn Tongue, Deerhaven Capital Management v. Sanofi...

Limits on Defendant’s Hybrid Representation and Standards for Conspiracy to Commit Money Laundering: United States v. Crozier

Date: Mar 4, 2016

Limits on Defendant’s Hybrid Representation and Standards for Conspiracy to Commit Money Laundering: United States v. Crozier Introduction United States v. Ralph Crozier is a significant appellate...

Public Access to Judicial Pleadings Affirmed in Bernstein v. BLB & G LLP

Date: Feb 25, 2016

Public Access to Judicial Pleadings Affirmed in Bernstein v. BLB & G LLP Introduction In the landmark case of Bruce Bernstein v. Bernstein Litowitz Berger & Grossmann LLP (BLB & G LLP), the United...

Restricting General Jurisdiction: Second Circuit's Decision in Brown v. Lockheed Martin

Date: Feb 19, 2016

Restricting General Jurisdiction: Second Circuit's Decision in Brown v. Lockheed Martin Introduction The legal landscape surrounding personal jurisdiction over foreign corporations has become...

Affirmation of Civil Contempt Standards in Copyright Infringement: The Second Circuit's Decision in FilmOn v. Network Tele

Date: Feb 17, 2016

Affirmation of Civil Contempt Standards in Copyright Infringement: The Second Circuit's Decision in FilmOn v. Network Tele Introduction The case of CBS Broadcasting Inc. et al. v. FilmOn.com Inc....

Hispanic as a Recognized Race Under §1981 and Title VII: Comprehensive Analysis of the Freeport Case

Date: Feb 17, 2016

Hispanic as a Recognized Race Under §1981 and Title VII: Comprehensive Analysis of the Freeport Case Introduction The case of Village of Freeport and Andrew Hardwick v. Christopher Barrella addresses...

Second Circuit Upholds Application of New York Law Over CISG in International Contract Dispute

Date: Feb 11, 2016

Second Circuit Upholds Application of New York Law Over CISG in International Contract Dispute Introduction The case of Rienzi & Sons, Inc. v. N. Puglisi & F. Industria Paste Alimentari S.p.A. and...

Reaffirming the Non-Testimonial Nature of Medical Statements Under the Confrontation Clause: Duhs v. Capra

Date: Feb 9, 2016

Reaffirming the Non-Testimonial Nature of Medical Statements Under the Confrontation Clause: Duhs v. Capra Introduction The case of Michael Duhs v. Michael Capra addresses a crucial intersection...

Due Process Protections for Parole Grantees Established in Victory v. Pataki

Date: Feb 2, 2016

Due Process Protections for Parole Grantees Established in Victory v. Pataki Introduction The case of Albert Lopez Victory v. George Pataki delves into the constitutional protections afforded to...

Second Circuit Affirms Qualified Immunity in First Amendment Retaliation Case Due to Lack of Clearly Established Law

Date: Jan 29, 2016

Second Circuit Affirms Qualified Immunity in First Amendment Retaliation Case Due to Lack of Clearly Established Law Introduction Todd Lynch v. Margaret Ackley, et al. is a landmark case decided by...

Second Circuit Limits Recovery of Attorney's Fees in Arbitration Awards under the Federal Arbitration Act

Date: Jan 29, 2016

Second Circuit Limits Recovery of Attorney's Fees in Arbitration Awards under the Federal Arbitration Act Introduction In the landmark case of Zürich American Insurance Co. v. Team Tankers A.S., the...

Rooker-Feldman Doctrine Affirmed in Gonzalez v. Deutsche Bank National Trust Company

Date: Jan 28, 2016

Rooker-Feldman Doctrine Affirmed in Gonzalez v. Deutsche Bank National Trust Company Introduction The case of Sonia Gonzalez and Luis Gonzalez v. Deutsche Bank National Trust Company addresses...

Denial of FAPE Due to Refusal to Address Bullying: T.K. and S.K. v. New York City Department of Education

Date: Jan 21, 2016

Denial of FAPE Due to Refusal to Address Bullying: T.K. and S.K. v. New York City Department of Education Introduction In the case of T.K. and S.K., individually and on behalf of L.K. versus the New...

Mandating Notice Requirements for I-140 Petition Revocations Under AC21: The Mantena Decision

Date: Dec 31, 2015

Mandating Notice Requirements for I-140 Petition Revocations Under AC21: The Mantena Decision Introduction The case of Ganga Mantena v. Jeh Johnson addresses critical issues surrounding the...

Establishing Plausible Discriminatory Motivation: Dooley v. JetBlue Airways Sets New Precedent in ADA Claims

Date: Dec 19, 2015

Establishing Plausible Discriminatory Motivation: Dooley v. JetBlue Airways Sets New Precedent in ADA Claims Introduction The case Shari Dooley v. JetBlue Airways Corporation (636 F. App'x 16)...