2d Circuit Case Commentaries

Enhancing Eighth Amendment Protections: Crawford and Corley v. Cuomo Establishes Updated Standards for Sexual Abuse Claims in Prisons

Date: Aug 12, 2015

Enhancing Eighth Amendment Protections: Crawford and Corley v. Cuomo Establishes Updated Standards for Sexual Abuse Claims in Prisons Introduction The case of James Crawford and Thaddeus Corley v....

Revisiting Qualified Immunity in Excessive Force Cases: Insights from Da v. d ROGOZ

Date: Aug 11, 2015

Revisiting Qualified Immunity in Excessive Force Cases: Insights from Da v. d ROGOZ Introduction Da v. d ROGOZ (796 F.3d 236, United States Court of Appeals, Second Circuit, 2015) is a pivotal case...

Strict Adherence to Appellate Mandates in Class Action Damages: Insights from Puricelli v. Republic of Argentina

Date: Aug 11, 2015

Strict Adherence to Appellate Mandates in Class Action Damages: Insights from Puricelli v. Republic of Argentina Introduction The case of Eduardo Puricelli et al. v. Republic of Argentina, decided by...

Establishing Judicial Oversight in FLSA Settlements: Cheeks v. Freeport Pancake House

Date: Aug 8, 2015

Establishing Judicial Oversight in FLSA Settlements: Cheeks v. Freeport Pancake House Introduction In the case of Dorian Cheeks v. Freeport Pancake House, Inc., W.P.S. Industries, Inc. (796 F.3d 199,...

Affirmation of Racketeering Conspiracy Convictions: Insights from United States v. Gioeli & Saracino

Date: Aug 6, 2015

Affirmation of Racketeering Conspiracy Convictions: Insights from United States v. Gioeli & Saracino Introduction The case of United States of America v. Joel Gioeli and Dino Saracino emerged as a...

Second Circuit Clarifies Statutes of Limitations under CFAA and SCA for Multiple Unauthorized Access Claims

Date: Aug 5, 2015

Second Circuit Clarifies Statutes of Limitations under CFAA and SCA for Multiple Unauthorized Access Claims Introduction The case of Chantay Sewell v. Phil Bernandin (795 F.3d 337) adjudicated by the...

Munn v. Hotchkiss School: Duty of Care and Liability in Educational Trips

Date: Aug 4, 2015

Munn v. Hotchkiss School: Duty of Care and Liability in Educational Trips Introduction Munn v. Hotchkiss School is a landmark case adjudicated by the United States Court of Appeals for the Second...

Second Circuit Clarifies Pleading Standards for Title VII Disparate Treatment and Retaliation Claims

Date: Aug 4, 2015

Second Circuit Clarifies Pleading Standards for Title VII Disparate Treatment and Retaliation Claims Introduction In the landmark case of Dawn F. Littlejohn v. City of New York, 795 F.3d 297 (2d Cir....

Second Circuit Clarifies Application of Iqbal to Title VII Discrimination and Retaliation Claims in Littlejohn v. City of New York

Date: Aug 4, 2015

Second Circuit Clarifies Application of Iqbal to Title VII Discrimination and Retaliation Claims in Littlejohn v. City of New York Introduction In the case of Dawn F. Littlejohn v. City of New York...

Statistical Evidence Insufficient to Establish Discriminatory Intent in Equal Protection Claims: Analysis of Burgis v. NYC Dept. of Sanitation

Date: Aug 1, 2015

Statistical Evidence Insufficient to Establish Discriminatory Intent in Equal Protection Claims: Analysis of Burgis v. NYC Dept. of Sanitation Introduction Burgis v. NYC Department of Sanitation is a...

Statute of Limitations Enforced in Wrongful Levy Claims: Second Circuit Upholds Dismissal in Lavi v. MOTTAHEDEH

Date: Jul 29, 2015

Statute of Limitations Enforced in Wrongful Levy Claims: Second Circuit Upholds Dismissal in Lavi v. MOTTAHEDEH Introduction The case of Angela Lavi Mottahedeh v. United States adjudicated by the...

Second Circuit Affirms FAA Requires Stay of Proceedings When All Claims are Arbitrable

Date: Jul 29, 2015

Second Circuit Affirms FAA Requires Stay of Proceedings When All Claims are Arbitrable Introduction In Katz v. Cellco Partnership d/b/a Verizon Wireless, the United States Court of Appeals for the...

Second Circuit Reaffirms ATS's Extraterritoriality Presumption and Limits Corporate Liability: Balintulo v. Ford Motor Co. & IBM

Date: Jul 28, 2015

Second Circuit Reaffirms ATS's Extraterritoriality Presumption and Limits Corporate Liability: Balintulo v. Ford Motor Co. & IBM Introduction The case of Sakwe Balintulo, as personal representative...

Admissibility of Expert Testimony in Fraud Conspiracy Cases: Romano v. United States

Date: Jul 28, 2015

Admissibility of Expert Testimony in Fraud Conspiracy Cases: Romano v. United States Introduction In the appellate case United States of America v. Michael Romano and William Kearney, the United...

Second Circuit Affirms Plaintiffs’ Sufficiency on Securities Fraud Claims under PSLRA in ECA v. Green Mountain Coffee Roasters

Date: Jul 25, 2015

Second Circuit Affirms Plaintiffs’ Sufficiency on Securities Fraud Claims under PSLRA in ECA v. Green Mountain Coffee Roasters Introduction In the landmark case Employees' Retirement System of...

Second Circuit Clarifies Fraud Pleading Requirements and Amendment Rights in Securities Litigation: Loreley Financing v. Wells Fargo Securities

Date: Jul 25, 2015

Second Circuit Clarifies Fraud Pleading Requirements and Amendment Rights in Securities Litigation: Loreley Financing v. Wells Fargo Securities Introduction The case of Loreley Financing (Jersey) No....

Strengthened Fraud Pleading Requirements and the Right to Amend in CDO Litigation: Analysis of Loreley Financing v. Wells Fargo

Date: Jul 25, 2015

Strengthened Fraud Pleading Requirements and the Right to Amend in CDO Litigation: Analysis of Loreley Financing v. Wells Fargo Introduction The financial crisis of 2007-2008 exposed significant...

Retaliation Against Inmate Grievance Representatives Recognized as Protected Conduct Under Section 1983

Date: Jul 24, 2015

Retaliation Against Inmate Grievance Representatives Recognized as Protected Conduct Under Section 1983 Introduction The case of Rory Dolan v. William J. Connolly addresses significant issues...

Application of the Lilly Ledbetter Fair Pay Act to Demotion-Based Pay Reductions: Davis v. Bombardier Transportation Holdings

Date: Jul 23, 2015

Application of the Lilly Ledbetter Fair Pay Act to Demotion-Based Pay Reductions: Davis v. Bombardier Transportation Holdings Introduction Natasha Davis, the plaintiff-appellant, initiated legal...

Clarifying the 'For Use' Requirement Under 28 U.S.C. §1782: Insights from Mees v. Buiter

Date: Jul 18, 2015

Clarifying the 'For Use' Requirement Under 28 U.S.C. §1782: Insights from Mees v. Buiter Introduction The case of Heleen Mees v. Willem H. Buiter, adjudicated by the United States Court of Appeals...