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  • Commentaries
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2d Circuit Case Commentaries

Strict Enforcement of Summary Judgment Standards and Appellate Evidence Rules in Pro Se RICO and Fraud Claims: Sterling v. Deutsche Bank Nat’l Tr. Co.

Strict Enforcement of Summary Judgment Standards and Appellate Evidence Rules in Pro Se RICO and Fraud Claims: Sterling v. Deutsche Bank Nat’l Tr. Co.

Date: Apr 9, 2025
Strict Enforcement of Summary Judgment Standards and Appellate Evidence Rules in Pro Se RICO and Fraud Claims: Sterling v. Deutsche Bank Nat’l Tr. Co. 1. Introduction In Sterling v. Deutsche Bank...
Affirmation of State Review Officer Deference and IDEA FAPE Adequacy Standards

Affirmation of State Review Officer Deference and IDEA FAPE Adequacy Standards

Date: Apr 9, 2025
Affirmation of State Review Officer Deference and IDEA FAPE Adequacy Standards Introduction Case: Zayas v. Banks, Nos. 24-1076-cv (2d Cir. Apr. 8, 2025) Court: United States Court of Appeals for the...
Due Diligence Requirement for Newly Discovered Evidence under Rule 33 Affirmed in United States v. Kaufman

Due Diligence Requirement for Newly Discovered Evidence under Rule 33 Affirmed in United States v. Kaufman

Date: Apr 9, 2025
Due Diligence Requirement for Newly Discovered Evidence under Rule 33 Affirmed in United States v. Kaufman Introduction United States v. Kaufman, 23-6807-cr (2d Cir. Apr. 8, 2025), presents an...
New Standards for Device Restrictions and Employer-Notification in Supervised Release

New Standards for Device Restrictions and Employer-Notification in Supervised Release

Date: Apr 9, 2025
New Standards for Device Restrictions and Employer-Notification in Supervised Release Introduction In United States v. Love, 24-1706-cr (2d Cir. Apr. 8, 2025), the Second Circuit addressed two...
Exclusion of Relationship-Specific Discrimination from “Marital Status” under the NYCHRL

Exclusion of Relationship-Specific Discrimination from “Marital Status” under the NYCHRL

Date: Apr 9, 2025
Exclusion of Relationship-Specific Discrimination from “Marital Status” under the NYCHRL Introduction The Second Circuit’s summary order in Hunter v. Debmar-Mercury LLC addresses a novel question of...
Clarifying Title VII Retaliation: Employer Awareness and Materially Adverse Actions in Khazin v. City of New York

Clarifying Title VII Retaliation: Employer Awareness and Materially Adverse Actions in Khazin v. City of New York

Date: Apr 9, 2025
Clarifying Title VII Retaliation: Employer Awareness and Materially Adverse Actions in Khazin v. City of New York 1. Introduction Khazin v. City of New York (2nd Cir. Apr. 8, 2025) addresses the...
Eighth Amendment Liability Limited: Discretionary Medical Judgment Does Not Constitute Deliberate Indifference

Eighth Amendment Liability Limited: Discretionary Medical Judgment Does Not Constitute Deliberate Indifference

Date: Apr 9, 2025
Eighth Amendment Liability Limited: Discretionary Medical Judgment Does Not Constitute Deliberate Indifference Introduction Wright v. Martin, decided by the Second Circuit on April 8, 2025, involved...
Permissible Authorization of PSR and Medical Record Disclosure to Treatment Providers Under Supervised Release in US v. Harris

Permissible Authorization of PSR and Medical Record Disclosure to Treatment Providers Under Supervised Release in US v. Harris

Date: Apr 9, 2025
Permissible Authorization of PSR and Medical Record Disclosure to Treatment Providers Under Supervised Release in US v. Harris Introduction United States v. Harris (2d Cir. Apr. 8, 2025) clarifies...
Permissible Disclosure of PSRs and Medical Records by Probation Officers Under Supervised Release: United States v. Harris

Permissible Disclosure of PSRs and Medical Records by Probation Officers Under Supervised Release: United States v. Harris

Date: Apr 9, 2025
Permissible Disclosure of PSRs and Medical Records by Probation Officers Under Supervised Release: United States v. Harris Introduction United States v. Harris, 24-1099-cr (2d Cir. Apr. 8, 2025)...
NYCHRL “Marital Status” Limited to General Condition, Not Specific Spousal Relationships

NYCHRL “Marital Status” Limited to General Condition, Not Specific Spousal Relationships

Date: Apr 9, 2025
NYCHRL “Marital Status” Limited to General Condition, Not Specific Spousal Relationships Introduction Hunter v. Debmar-Mercury LLC (2d Cir. Apr. 8, 2025) addressed whether the New York City Human...
United States v. Helbrans: Void Child Marriage No Defense under the IPKCA and Illicit Sexual‐Conduct Statutes

United States v. Helbrans: Void Child Marriage No Defense under the IPKCA and Illicit Sexual‐Conduct Statutes

Date: Apr 9, 2025
United States v. Helbrans: Void Child Marriage No Defense under the IPKCA and Illicit Sexual-Conduct Statutes 1. Introduction In United States v. Helbrans, 22-1680 (2d Cir. Apr. 8, 2025), the U.S....
Void Foreign Minor Marriages Do Not Bar Federal Illicit Sexual Conduct and Kidnapping Charges Under 18 U.S.C. § 2423 and the IPKCA

Void Foreign Minor Marriages Do Not Bar Federal Illicit Sexual Conduct and Kidnapping Charges Under 18 U.S.C. § 2423 and the IPKCA

Date: Apr 9, 2025
Void Foreign Minor Marriages Do Not Bar Federal Illicit Sexual Conduct and Kidnapping Charges Under 18 U.S.C. § 2423 and the IPKCA Introduction United States v. Helbrans (2d Cir. Apr. 8, 2025) arises...
Medical Judgment and Eighth Amendment: Discretion in Diagnostic Imaging Established in Wright v. Martin

Medical Judgment and Eighth Amendment: Discretion in Diagnostic Imaging Established in Wright v. Martin

Date: Apr 9, 2025
Medical Judgment and Eighth Amendment: Discretion in Diagnostic Imaging Established in Wright v. Martin Introduction Wright v. Martin (2nd Cir. April 8, 2025) involves a former Connecticut inmate,...
Affirming IPKCA Enforcement and Voiding Child Marriages under Guatemalan Law

Affirming IPKCA Enforcement and Voiding Child Marriages under Guatemalan Law

Date: Apr 9, 2025
Affirming IPKCA Enforcement and Voiding Child Marriages under Guatemalan Law Introduction United States v. Helbrans is a consolidated direct criminal appeal decided by the Second Circuit on April 8,...
Clarifying Summary Judgment Standards and the Scope of Extrarecord Evidence: Insights from Sterling v. Deutsche Bank Nat’l Trust Co.

Clarifying Summary Judgment Standards and the Scope of Extrarecord Evidence: Insights from Sterling v. Deutsche Bank Nat’l Trust Co.

Date: Apr 9, 2025
Clarifying Summary Judgment Standards and the Scope of Extrarecord Evidence: Insights from Sterling v. Deutsche Bank Nat’l Trust Co. 1. Introduction In Sterling v. Deutsche Bank Nat’l Trust Co., the...
Deference to State Review Officer Decisions in IDEA Appeals and Limits on Speculative Grouping Challenges

Deference to State Review Officer Decisions in IDEA Appeals and Limits on Speculative Grouping Challenges

Date: Apr 9, 2025
Deference to State Review Officer Decisions in IDEA Appeals and Limits on Speculative Grouping Challenges Introduction In Zayas v. Banks, 24-1076-cv (2d Cir. Apr. 8, 2025), the Second Circuit...
Requirement of Individualized Justification for Special Supervised Release Conditions Under U.S.S.G. §5D1.3 and §5F1.5

Requirement of Individualized Justification for Special Supervised Release Conditions Under U.S.S.G. §5D1.3 and §5F1.5

Date: Apr 9, 2025
Requirement of Individualized Justification for Special Supervised Release Conditions Under U.S.S.G. §5D1.3 and §5F1.5 Introduction United States v. Love, 24-1706-cr (2d Cir. Apr. 8, 2025) arises...
Reaffirmation of Due Diligence in Newly Discovered Evidence and Venue Principles under Rule 33 (United States v. Kaufman)

Reaffirmation of Due Diligence in Newly Discovered Evidence and Venue Principles under Rule 33 (United States v. Kaufman)

Date: Apr 9, 2025
Reaffirmation of Due Diligence in Newly Discovered Evidence and Venue Principles under Rule 33 (United States v. Kaufman) Introduction United States v. Kaufman (2d Cir. Apr. 8, 2025) arose from the...
Reaffirmation of Summary Judgment Standards and Pro Se Evidentiary Obligations

Reaffirmation of Summary Judgment Standards and Pro Se Evidentiary Obligations

Date: Apr 9, 2025
Reaffirmation of Summary Judgment Standards and Pro Se Evidentiary Obligations Introduction This commentary examines the United States Court of Appeals for the Second Circuit’s summary order in...
Deference to State Review Officers and Limits on Speculative Grouping Challenges in IDEA Disputes

Deference to State Review Officers and Limits on Speculative Grouping Challenges in IDEA Disputes

Date: Apr 9, 2025
Deference to State Review Officers and Limits on Speculative Grouping Challenges in IDEA Disputes Introduction This commentary examines the Second Circuit’s summary order in Zayas v. Banks,...
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