2d Circuit Case Commentaries

Second Circuit Clarifies Juror Removal Standards: Distinguishing Extrinsic Bias from Nullification Concerns in United States v. Spruill

Date: Dec 17, 2015

Second Circuit Clarifies Juror Removal Standards: Distinguishing Extrinsic Bias from Nullification Concerns in United States v. Spruill Introduction In the case of United States of America v. Jeff...

Reaffirmation of Evidentiary Sufficiency Standards in Racketeering and Gang-Related Murder Cases: United States v. Sebbern et al.

Date: Dec 17, 2015

Reaffirmation of Evidentiary Sufficiency Standards in Racketeering and Gang-Related Murder Cases: United States v. Sebbern et al. Introduction The case of United States of America v. Dontae Sebbern,...

Requirement for Plausible Pleading of Actual Malice for Limited-Purpose Public Figures in Defamation Cases: Insights from Biro v. Condé Nast

Date: Dec 9, 2015

Requirement for Plausible Pleading of Actual Malice for Limited-Purpose Public Figures in Defamation Cases: Insights from Biro v. Condé Nast Introduction The case of Peter Paul Biro,...

Valle v. United States: Redefining 'Exceeds Authorized Access' and Delineating Fantasy from Criminal Intent in Conspiracy Law

Date: Dec 4, 2015

Valle v. United States: Redefining 'Exceeds Authorized Access' and Delineating Fantasy from Criminal Intent in Conspiracy Law Introduction Valle v. United States (807 F.3d 508, 2nd Cir. 2015) is a...

Symmetrical Indifference in Causation Analysis: Gemmink v. Jay Peak Inc.

Date: Dec 1, 2015

Symmetrical Indifference in Causation Analysis: Gemmink v. Jay Peak Inc. Introduction The case Paul A. Gemmink v. Jay Peak Inc., decided by the United States Court of Appeals for the Second Circuit...

Second Circuit Rules on Standing in First Amendment Challenge to Milford's Public Posting Requirements for Adult-Oriented Businesses

Date: Nov 21, 2015

Second Circuit Rules on Standing in First Amendment Challenge to Milford's Public Posting Requirements for Adult-Oriented Businesses Introduction In the case of Keepers, Inc., dba Keepers, fka...

Affirmation of Statute of Limitations in Breach of Contract Claims for Mortgage Loan Representations

Date: Nov 17, 2015

Affirmation of Statute of Limitations in Breach of Contract Claims for Mortgage Loan Representations Introduction The case of Deutsche Bank National Trust Company v. Quicken Loans Inc. (810 F.3d 861,...

Abstention Doctrine Reinforced Under Sprint in Falco v. Justices of the Matrimonial Parts

Date: Nov 13, 2015

Abstention Doctrine Reinforced Under Sprint in Falco v. Justices of the Matrimonial Parts Introduction In the case of Gabriel R. Falco v. Justices of the Matrimonial Parts of the Supreme Court of...

2nd Circuit Clarifies Attorney-Client Privilege and Affirms Work-Product Protection in Schaeffler v. United States

Date: Nov 11, 2015

2nd Circuit Clarifies Attorney-Client Privilege and Affirms Work-Product Protection in Schaeffler v. United States Introduction In Georg F.W. Schaeffler et al. v. United States of America, the United...

Reaffirming the Weight of Treating Physician's Evidence in SSA Disability Claims: Insights from Lesterhuis v. Colvin

Date: Nov 7, 2015

Reaffirming the Weight of Treating Physician's Evidence in SSA Disability Claims: Insights from Lesterhuis v. Colvin Introduction The case of Marc Lesterhuis v. Carolyn W. Colvin, Acting Commissioner...

Application of Borrowing Statutes and Statute of Limitations: Thea v. Kleinhandler

Date: Nov 4, 2015

Application of Borrowing Statutes and Statute of Limitations: Thea v. Kleinhandler Introduction Thea v. Kleinhandler (807 F.3d 492, 2nd Cir. 2015) is a significant appellate decision that addresses...

Comprehensive Analysis of CUNY v. Chen: Affirmation of Summary Judgment on Discrimination and Retaliation Claims

Date: Oct 29, 2015

Comprehensive Analysis of CUNY v. Chen: Affirmation of Summary Judgment on Discrimination and Retaliation Claims Introduction The case of Ya–Chen Chen v. The City University of New York (CUNY)...

Second Circuit Clarifies Standards for Cognizable Economic Harm in Mail and Wire Fraud: United States v. Binday et al.

Date: Oct 27, 2015

Second Circuit Clarifies Standards for Cognizable Economic Harm in Mail and Wire Fraud: United States v. Binday et al. Introduction United States v. Binday, James Kevin Kergil, and Mark Resnick,...

Second Circuit Upholds Assault Weapons and Large-Capacity Magazines Ban Under Intermediate Scrutiny

Date: Oct 20, 2015

Second Circuit Upholds Assault Weapons and Large-Capacity Magazines Ban Under Intermediate Scrutiny Introduction In the aftermath of the tragic 2012 Sandy Hook Elementary School shooting, both New...

Discretionary Bonuses and ADA Claims: Insights from Davis v. NYC Department of Education

Date: Oct 20, 2015

Discretionary Bonuses and ADA Claims: Insights from Davis v. NYC Department of Education Introduction Davis v. New York City Department of Education, 804 F.3d 231 (2d Cir. 2015), is a pivotal case...

Transformative Fair Use in Digital Libraries: Second Circuit Upholds Google Books

Date: Oct 17, 2015

Transformative Fair Use in Digital Libraries: Second Circuit Upholds Google Books Introduction In the landmark case The Authors Guild, et al. v. Google, Inc., the United States Court of Appeals for...

Clarifying Brady Obligations in Suppression Hearings and the Status of Cooperating Witnesses: United States v. Barcelo

Date: Oct 15, 2015

Clarifying Brady Obligations in Suppression Hearings and the Status of Cooperating Witnesses 1. Introduction In the appellate case United States of America v. Victor Barcelo, 628 F. App'x 36 (2d Cir....

Second Circuit Sets New Precedent on Reasonable Accommodations under ADA in Medical Education

Date: Oct 7, 2015

Second Circuit Sets New Precedent on Reasonable Accommodations under ADA in Medical Education Introduction The case of Maxiam Dean v. University at Buffalo School of Medicine and Biomedical Sciences...

EPA's Vessel General Permit Standards Remanded for Arbitrary and Capricious Action

Date: Oct 6, 2015

EPA's Vessel General Permit Standards Remanded for Arbitrary and Capricious Action Introduction The case of Natural Resources Defense Council, Northwest Environmental Advocates, Center for Biological...

Preemption of State Identity Theft Claims under the Fair Credit Reporting Act: Galper v. JP Morgan Chase Bank

Date: Oct 1, 2015

Preemption of State Identity Theft Claims under the Fair Credit Reporting Act: Galper v. JP Morgan Chase Bank Introduction Galper v. JP Morgan Chase Bank, N.A. (802 F.3d 437) is a landmark case...