2d Circuit Case Commentaries

Establishing Misappropriation in Unfair Competition: Insights from Big Vision Pvt Ltd v. DuPont

Date: May 22, 2015

Establishing Misappropriation in Unfair Competition: Insights from Big Vision Pvt Ltd v. E.I. DuPont de Nemours & Company Introduction In the landmark case of Big Vision Private Limited v. E.I. Du...

ASL Interpreters as Reasonable Accommodation under ADA Affirmed: Noll v. IBM

Date: May 22, 2015

ASL Interpreters as Reasonable Accommodation under ADA Affirmed: Noll v. IBM Introduction Alfred J. Noll, a deaf software engineer employed by International Business Machines Corporation (IBM),...

Expanding Employer Liability for Supervisory Harassment under Section 1981: Second Circuit's Decision in Wiercinski v. Mangia 57, Inc.

Date: May 22, 2015

Expanding Employer Liability for Supervisory Harassment under Section 1981: Second Circuit's Decision in Wiercinski v. Mangia 57, Inc. Introduction The case of Adam Wiercinski v. Mangia 57, Inc.,...

Substantial Evidence Upholds Disability Determination: Camille v. Colvin

Date: May 20, 2015

Substantial Evidence Upholds Disability Determination: Camille v. Colvin Introduction In Camille v. Colvin, 104 F. Supp. 3d 329 (W.D.N.Y. 2015), Plaintiff Brian Michael Camille challenged the denial...

Strengthening Prevailing Party Rights under the Equal Access to Justice Act: Padula v. Colvin

Date: May 8, 2015

Strengthening Prevailing Party Rights under the Equal Access to Justice Act: Padula v. Colvin Introduction The case of Gerard Padula v. Carolyn W. Colvin, Commissioner of Social Security (602 F....

Restricting Bulk Metadata Collection: A Second Circuit Review of ACLU v. Clapper

Date: May 8, 2015

Restricting Bulk Metadata Collection: A Second Circuit Review of ACLU v. Clapper Introduction In American Civil Liberties Union, American Civil Liberties Union Foundation, New York Civil Liberties...

Affirming Government Standing in Criminal Forfeiture and Fraudulent Conveyance: Watts v. United States

Date: May 5, 2015

Affirming Government Standing in Criminal Forfeiture and Fraudulent Conveyance: Watts v. United States Introduction In the landmark case of UNITED STATES of America v. Rodney Watts, the United States...

Defining Arbitrator's Authority: Insights from Benihana Inc. v. Benihana of Tokyo, LLC

Date: Apr 29, 2015

Defining Arbitrator's Authority: Insights from Benihana Inc. v. Benihana of Tokyo, LLC Introduction In the landmark case of Benihana Inc. v. Benihana of Tokyo, LLC, the United States Court of Appeals...

Affirmation of ALJ's Residual Functional Capacity Determination Supported by Substantial Evidence: Barry v. Colvin

Date: Apr 22, 2015

Affirmation of ALJ's Residual Functional Capacity Determination Supported by Substantial Evidence: Barry v. Colvin Introduction The case of Jennifer M. Barry v. Carolyn W. Colvin, decided by the...

Expansion of FLSA Anti-Retaliation Protections: Greathouse v. JHS Security Overrules Lambert

Date: Apr 21, 2015

Expansion of FLSA Anti-Retaliation Protections: Greathouse v. JHS Security Overrules Lambert Introduction The case of Darnell Greathouse v. JHS Security Inc. represents a significant development in...

Second Circuit Reinforces High Pleading Standards for Securities Fraud Claims: IBEW Local Union No. 58 v. RBS

Date: Apr 16, 2015

Second Circuit Reinforces High Pleading Standards for Securities Fraud Claims: IBEW Local Union No. 58 v. RBS Introduction The case of IBEW Local Union No. 58 Pension Trust Fund and Annuity Fund et...

FGIC v. Putnam: Affirming Fraud and Negligence Claims through Special Relationship in CDO Management

Date: Apr 16, 2015

FGIC v. Putnam: Affirming Fraud and Negligence Claims through Special Relationship in CDO Management Introduction The case Financial Guaranty Insurance Company (FGIC) v. The Putnam Advisory Company,...

Second Circuit Clarifies Statute of Limitations for First Amendment Retaliatory Prosecution Claims under § 1983: Smith v. Campbell

Date: Apr 2, 2015

Second Circuit Clarifies Statute of Limitations for First Amendment Retaliatory Prosecution Claims under § 1983: Smith v. Campbell Introduction In the appellate case of Joanne Smith, Donald Smith,...

Futility of Amended Title VII Claims Due to Insufficient Adverse Employment Action: Second Circuit Affirms

Date: Apr 1, 2015

Futility of Amended Title VII Claims Due to Insufficient Adverse Employment Action: Second Circuit Affirms Introduction In the landmark case of Louis Chung v. City University of New York, Baruch...

Ensuring Fairness and Transparency in FLSA Settlements: Analysis of Lopez v. Nights of Cabiria

Date: Mar 31, 2015

Ensuring Fairness and Transparency in FLSA Settlements: Analysis of Lopez v. Nights of Cabiria Introduction In the case of Fermin Lopez, et al. v. Nights of Cabiria, LLC, etc., decided on March 30,...

Judicial Estoppel in Employment Discrimination: Robinson v. Concentra Health Services

Date: Mar 25, 2015

Judicial Estoppel in Employment Discrimination: Robinson v. Concentra Health Services Introduction The case of Sebrena Robinson v. Concentra Health Services, Inc. (781 F.3d 42, 2d Cir. 2015) explores...

Default Judgment Reinforces FLSA and NYLL Protections in Labor Wage Theft Case

Date: Mar 20, 2015

Default Judgment Reinforces FLSA and NYLL Protections in Labor Wage Theft Case Introduction In the case of Francisco Fermin, Emilio Moreno, and Andres Del Rosario v. Las Delicias Peruanas Restaurant,...

Good Faith Exception in Search Warrants: Insights from United States v. Raymonda

Date: Mar 3, 2015

Good Faith Exception in Search Warrants: Insights from United States v. Raymonda Introduction United States v. James Raymonda (780 F.3d 105, 2d Cir. 2015) presents a pivotal analysis of the Fourth...

Defining Citizen Speech in Public Employment: Matthews v. City of New York

Date: Feb 27, 2015

Defining Citizen Speech in Public Employment: Matthews v. City of New York Introduction In the landmark case of Craig Matthews v. City of New York, the United States Court of Appeals for the Second...

Affirmation of Class Certification under Rule 23 for Fraudulently Obtained Default Judgments

Date: Feb 11, 2015

Affirmation of Class Certification under Rule 23 for Fraudulently Obtained Default Judgments Introduction In the case of Monique Sykes, Rea Veerabadren, Kelvin Perez, and Clifton Armoogam v. Mel S....