2d Circuit Case Commentaries

Interplay Between Choice-of-Law and Forum Selection Clauses: Enforceability Under Federal Law – Martinez v. Bloomberg LP

Date: Jan 15, 2014

Interplay Between Choice-of-Law and Forum Selection Clauses: Enforceability Under Federal Law – Martinez v. Bloomberg LP Introduction The case of Brian Anthony Martinez v. Bloomberg LP addresses...

Establishing the Authority of Bankruptcy Courts over Derivative Claims: Insights from IN RE MADOFF Investment Securities LLC

Date: Jan 14, 2014

Establishing the Authority of Bankruptcy Courts over Derivative Claims: Insights from IN RE MADOFF Investment Securities LLC Introduction The case In re Bernard L. Madoff Investment Securities LLC,...

Enhanced Standards for Eighth Amendment Claims and John Doe Amendments: Hogan v. Fischer Commentary

Date: Dec 21, 2013

Enhanced Standards for Eighth Amendment Claims and John Doe Amendments: Hogan v. Fischer Commentary Introduction In Hogan v. Fischer, 738 F.3d 509 (2d Cir. 2013), the United States Court of Appeals...

Rigorous Evidentiary Standards for Pro-Democracy Asylum Claims: Insights from Y.C. and X.W. v. Holder

Date: Dec 19, 2013

Rigorous Evidentiary Standards for Pro-Democracy Asylum Claims: Insights from Y.C. and X.W. v. Holder Introduction The cases of Y.C. and X.W. against Eric H. Holder, Jr., the United States Attorney...

Affirmation of Social Security Disability Denial Based on Residual Functional Capacity

Date: Dec 18, 2013

Affirmation of Social Security Disability Denial Based on Residual Functional Capacity Introduction The case of Sean Lewis v. Carolyn W. Colvin adjudicated by the United States Court of Appeals for...

Establishing Genuine Disputes in Retaliation Claims under Title VII: Second Circuit in Kwan v. Andalex Group

Date: Dec 17, 2013

Establishing Genuine Disputes in Retaliation Claims under Title VII: Second Circuit in Kwan v. Andalex Group Introduction Kwan v. The Andalex Group LLC, 737 F.3d 834 (2d Cir. 2013), is a pivotal case...

Good-Faith Exception Applied to Warrantless GPS Tracking in United States v. Aguiar et al.

Date: Dec 14, 2013

Good-Faith Exception Applied to Warrantless GPS Tracking in United States v. Aguiar et al. Introduction The case of United States of America v. Stephen Aguiar, William Murray, and Corey Whitcomb (737...

Second Circuit Establishes 11 U.S.C. §109(a) Applicability in Chapter 15 Proceedings

Date: Dec 12, 2013

Second Circuit Establishes 11 U.S.C. §109(a) Applicability in Chapter 15 Proceedings Introduction The case of Drawbridge Special Opportunities Fund LP v. Katherine Elizabeth Barnet addresses a...

De Facto Rescheduling of Marijuana: Analysis of United States v. Eric Canori

Date: Dec 5, 2013

De Facto Rescheduling of Marijuana: Analysis of United States v. Eric Canori Introduction In United States v. Eric Canori, 737 F.3d 181 (2d Cir. 2013), the United States Court of Appeals for the...

Foreseeability and Causation in High-Impact Tort Cases: Second Circuit's Decision on 7 World Trade Co. Collapse

Date: Dec 5, 2013

Foreseeability and Causation in High-Impact Tort Cases: Second Circuit's Decision on 7 World Trade Co. Collapse Introduction The case of AEGIS INSURANCE SERVICES, INC. et al. v. 7 WORLD TRADE...

SEC v. Razmilovic: Establishing Rigorous Standards for Sanctions and Disgorgement in Securities Fraud

Date: Nov 27, 2013

SEC v. Razmilovic: Establishing Rigorous Standards for Sanctions and Disgorgement in Securities Fraud Introduction In SEC v. Tomo Razmilovic et al., the United States Court of Appeals for the Second...

United States v. Christie: Mandating Reasoned Orders for Sentence Reduction Denials under §3582(c)(2)

Date: Nov 16, 2013

United States v. Christie: Mandating Reasoned Orders for Sentence Reduction Denials under §3582(c)(2) Introduction United States of America v. Neron Christie is a pivotal case adjudicated by the...

Defining 'Unfinished Business' for Hourly Fee Matters in Dissolved Law Firms: Insights from In re THELEN LLP

Date: Nov 16, 2013

Defining 'Unfinished Business' for Hourly Fee Matters in Dissolved Law Firms: Insights from In re THELEN LLP Introduction The legal landscape governing the dissolution of law firms and the treatment...

Reassignment of Stop-and-Frisk Cases Due to Impartiality Concerns

Date: Nov 14, 2013

Reassignment of Stop-and-Frisk Cases Due to Impartiality Concerns Introduction In the appellate decision In re REASSIGNMENT OF CASES Jaenean Ligon, et al. v. City of New York, et al. (736 F.3d 118,...

Application of FDCPA's False Name Exception to Creditors: Insights from Vincent v. The Money Store

Date: Nov 14, 2013

Application of FDCPA's False Name Exception to Creditors: Insights from Vincent v. The Money Store Introduction The landmark case of Vincent v. The Money Store addressed pivotal questions regarding...

Second Circuit Establishes Direct Standing for Section 10(b) Claims in Auditor Misconduct Cases

Date: Nov 9, 2013

Second Circuit Establishes Direct Standing for Section 10(b) Claims in Auditor Misconduct Cases Introduction The case of CILP Associates, L.P., et al. v. PricewaterhouseCoopers LLP addresses...

Anonymous 911 Calls Insufficient for Reasonable Suspicion: Insights from United States v. Freeman

Date: Nov 8, 2013

Anonymous 911 Calls Insufficient for Reasonable Suspicion: Insights from United States v. Freeman Introduction The case of United States v. Joseph Freeman, adjudicated by the United States Court of...

Balancing National Security and the Sixth Amendment: The Ghailani Case

Date: Oct 25, 2013

Balancing National Security and the Sixth Amendment: The Ghailani Case Introduction The case of United States of America v. Ahmed Khalfan Ghailani presents a critical intersection between national...

Expansion of First Amendment Protections for Independent Expenditure Committees: NYPPP v. Walsh

Date: Oct 25, 2013

Expansion of First Amendment Protections for Independent Expenditure Committees: NYPPP v. Walsh Introduction New York Progress and Protection PAC (NYPPP), an independent political committee formed to...

Establishing Standing in First Amendment Retaliation Claims: Insights from Dorsett v. Nassau County

Date: Oct 19, 2013

Establishing Standing in First Amendment Retaliation Claims: Insights from Dorsett v. Nassau County Introduction In the landmark case of Dorsett v. Nassau County, the United States Court of Appeals...