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  • Commentaries
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2d Circuit Case Commentaries

Lewis v. R.L. Vallee, Inc.: Ripening of Sua Sponte Dismissals Under § 1915(e)(2) and Pleading Standards for ADA, NYCRL § 50, and Defamation Claims

Lewis v. R.L. Vallee, Inc.: Ripening of Sua Sponte Dismissals Under § 1915(e)(2) and Pleading Standards for ADA, NYCRL § 50, and Defamation Claims

Date: Apr 11, 2025
Lewis v. R.L. Vallee, Inc.: Ripening of Sua Sponte Dismissals Under § 1915(e)(2) and Pleading Standards for ADA, NYCRL § 50, and Defamation Claims Introduction In the summary order of Lewis v. R.L....
Clarifying Limits of Supplemental Jurisdiction for Intervenors under 28 U.S.C. § 1367(a)

Clarifying Limits of Supplemental Jurisdiction for Intervenors under 28 U.S.C. § 1367(a)

Date: Apr 11, 2025
Clarifying Limits of Supplemental Jurisdiction for Intervenors under 28 U.S.C. § 1367(a) Introduction The Second Circuit’s decision in Hamilton Reserve Bank Ltd. v. Democratic Socialist Republic of...
Defining Supplemental Jurisdiction for Intervention Claims under 28 U.S.C. § 1367(a): The “Common Nucleus of Operative Fact” Standard

Defining Supplemental Jurisdiction for Intervention Claims under 28 U.S.C. § 1367(a): The “Common Nucleus of Operative Fact” Standard

Date: Apr 11, 2025
Defining Supplemental Jurisdiction for Intervention Claims under 28 U.S.C. § 1367(a): The “Common Nucleus of Operative Fact” Standard Introduction In Hamilton Reserve Bank Ltd. v. Democratic...
Section 1367(a) Governs Supplemental Jurisdiction Over Intervention Claims: Affirming the “Common Nucleus of Operative Fact” Standard

Section 1367(a) Governs Supplemental Jurisdiction Over Intervention Claims: Affirming the “Common Nucleus of Operative Fact” Standard

Date: Apr 11, 2025
Section 1367(a) Governs Supplemental Jurisdiction Over Intervention Claims: Affirming the “Common Nucleus of Operative Fact” Standard Introduction This appeal arises from the denial of a motion to...
Definitive Adverse Position as Accrual Trigger for § 1983 Land-Use Claims

Definitive Adverse Position as Accrual Trigger for § 1983 Land-Use Claims

Date: Apr 11, 2025
Definitive Adverse Position as Accrual Trigger for § 1983 Land-Use Claims Introduction This commentary examines the Second Circuit’s April 10, 2025 summary order in Potter v. Incorporated Village of...
Clarifying the “Particularly Serious Crime” Standard and CAT Deferral in Withholding of Removal Proceedings

Clarifying the “Particularly Serious Crime” Standard and CAT Deferral in Withholding of Removal Proceedings

Date: Apr 11, 2025
Clarifying the “Particularly Serious Crime” Standard and CAT Deferral in Withholding of Removal Proceedings Introduction Jimenez v. Bondi (2d Cir. Apr. 10, 2025) involves Dayvid De Oliveira Jimenez,...
Awareness of Discrete Agency Actions as Accrual Trigger for §1983 Due Process Claims in Land-Use Disputes

Awareness of Discrete Agency Actions as Accrual Trigger for §1983 Due Process Claims in Land-Use Disputes

Date: Apr 11, 2025
Awareness of Discrete Agency Actions as Accrual Trigger for §1983 Due Process Claims in Land-Use Disputes Introduction Potter v. Incorporated Village of Ocean Beach is an appeal from the United...
Potter v. Village of Ocean Beach: Accrual and Limitations in § 1983 Land-Use Claims

Potter v. Village of Ocean Beach: Accrual and Limitations in § 1983 Land-Use Claims

Date: Apr 11, 2025
Potter v. Incorporated Village of Ocean Beach: Accrual and Limitations in § 1983 Land-Use Claims Introduction In Potter v. Incorporated Village of Ocean Beach, 24-2033-cv (2d Cir. Apr. 10, 2025), the...
Rule on De Facto Finality and Accrual of §1983 Procedural and Substantive Due Process Claims in Land-Use Disputes

Rule on De Facto Finality and Accrual of §1983 Procedural and Substantive Due Process Claims in Land-Use Disputes

Date: Apr 11, 2025
Rule on De Facto Finality and Accrual of §1983 Procedural and Substantive Due Process Claims in Land-Use Disputes Introduction Potter v. Incorporated Village of Ocean Beach (2d Cir. Apr. 10, 2025) is...
Proportionality in ADA Fee Awards and Recognition of Communication Disabilities Under Title II

Proportionality in ADA Fee Awards and Recognition of Communication Disabilities Under Title II

Date: Apr 11, 2025
Proportionality in ADA Fee Awards and Recognition of Communication Disabilities Under Title II Introduction Spring v. Allegany-Limestone Central School District is a 2025 decision of the United...
“Common Nucleus of Operative Fact” Governs Supplemental Jurisdiction over Intervention Claims

“Common Nucleus of Operative Fact” Governs Supplemental Jurisdiction over Intervention Claims

Date: Apr 11, 2025
“Common Nucleus of Operative Fact” Governs Supplemental Jurisdiction over Intervention Claims Introduction In Hamilton Reserve Bank Ltd. v. Democratic Socialist Republic of Sri Lanka, No. 24-1459-cv...
Spring v. Allegany-Limestone: Motivating-Factor Causation and Recognition of Communication Impairments Under Title II ADA and the Rehabilitation Act

Spring v. Allegany-Limestone: Motivating-Factor Causation and Recognition of Communication Impairments Under Title II ADA and the Rehabilitation Act

Date: Apr 11, 2025
Spring v. Allegany-Limestone: Motivating-Factor Causation and Recognition of Communication Impairments Under Title II ADA and the Rehabilitation Act Introduction In Spring v. Allegany-Limestone...
Affirming Probable Cause for Counterfeit‐Bill Arrests: Glover v. Onondaga County Sheriff's Department

Affirming Probable Cause for Counterfeit‐Bill Arrests: Glover v. Onondaga County Sheriff's Department

Date: Apr 11, 2025
Affirming Probable Cause for Counterfeit‐Bill Arrests: Glover v. Onondaga County Sheriff's Department Introduction In Glover v. Onondaga County Sheriff’s Department, 24-630-cv (2d Cir. Apr. 10,...
Consent‐Based Home Entries and Probable Cause in §1983 Arrest Claims – Glover v. Onondaga County Sheriff's Dept.

Consent‐Based Home Entries and Probable Cause in §1983 Arrest Claims – Glover v. Onondaga County Sheriff's Dept.

Date: Apr 11, 2025
Consent‐Based Home Entries and Probable Cause in §1983 Arrest Claims Introduction This commentary examines the Second Circuit’s summary order in Glover v. Onondaga County Sheriff's Dept. (No....
Ripening Non-Final Section 1915 Dismissals into Final Appealable Judgments Under 28 U.S.C. § 1291

Ripening Non-Final Section 1915 Dismissals into Final Appealable Judgments Under 28 U.S.C. § 1291

Date: Apr 11, 2025
Ripening Non-Final Section 1915 Dismissals into Final Appealable Judgments Under 28 U.S.C. § 1291 Introduction Lewis v. R.L. Vallee, Inc. (2d Cir. Apr. 10, 2025) arises from Scott Phillip Lewis’s pro...
Ripening of Dismissals and Heightened Pleading Standards Under ADA, NYCRL §50, and Defamation Law

Ripening of Dismissals and Heightened Pleading Standards Under ADA, NYCRL §50, and Defamation Law

Date: Apr 11, 2025
Ripening of Dismissals and Heightened Pleading Standards Under ADA, NYCRL §50, and Defamation Law Introduction Lewis v. R.L. Vallee, Inc. is a pro se appeal decided by the United States Court of...
Clarifying Probable Cause in Counterfeit Currency Arrests and Prompt Arraignment Requirements

Clarifying Probable Cause in Counterfeit Currency Arrests and Prompt Arraignment Requirements

Date: Apr 11, 2025
Clarifying Probable Cause in Counterfeit Currency Arrests and Prompt Arraignment Requirements Introduction Glover v. Onondaga County Sheriff’s Dept. (2nd Cir. Apr. 10, 2025) is a Second Circuit...
Defining “Disability” and “Motivating Factor” Causation Under Title II of the ADA and Limits on Fee Reductions: Spring v. Allegany-Limestone Central School District

Defining “Disability” and “Motivating Factor” Causation Under Title II of the ADA and Limits on Fee Reductions: Spring v. Allegany-Limestone Central School District

Date: Apr 11, 2025
Defining “Disability” and “Motivating Factor” Causation Under Title II of the ADA and Limits on Fee Reductions: Spring v. Allegany-Limestone Central School District Introduction The Second Circuit’s...
Counterfeit Bill Identification as Probable Cause: Clarifying §1983 False Arrest Standards

Counterfeit Bill Identification as Probable Cause: Clarifying §1983 False Arrest Standards

Date: Apr 11, 2025
Counterfeit Bill Identification as Probable Cause: Clarifying §1983 False Arrest Standards Introduction Glover v. Onondaga County Sheriff's Dept, decided April 10, 2025 by the Second Circuit,...
Clarifying Accrual of Section 1983 Due Process Claims in Land‐Use Disputes

Clarifying Accrual of Section 1983 Due Process Claims in Land‐Use Disputes

Date: Apr 11, 2025
Clarifying Accrual of Section 1983 Due Process Claims in Land-Use Disputes Introduction Potter v. Incorporated Village of Ocean Beach (2d Cir. Apr. 10, 2025) centers on Philip G. Potter’s challenge...
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