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  • Commentaries
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2d Circuit Case Commentaries

Affirming the Jury Verdict: Clarifying Constructive Amendment and Evidentiary Discretion in Narcotics-Related Conspiracy Cases

Affirming the Jury Verdict: Clarifying Constructive Amendment and Evidentiary Discretion in Narcotics-Related Conspiracy Cases

Date: Mar 18, 2025
Affirming the Jury Verdict: Clarifying Constructive Amendment and Evidentiary Discretion in Narcotics-Related Conspiracy Cases Introduction The case of United States of America v. Billy Ortega (aka...
Arbitrability and the Nexus Requirement in Online Contracts: A New Precedent on Antitrust Claims

Arbitrability and the Nexus Requirement in Online Contracts: A New Precedent on Antitrust Claims

Date: Mar 18, 2025
Arbitrability and the Nexus Requirement in Online Contracts: A New Precedent on Antitrust Claims Introduction This commentary reviews the recent decision in Mariam Davitashvili and Adam Bensimon,...
Transformative Fair Use in Academic Copyright Disputes: A New Benchmark

Transformative Fair Use in Academic Copyright Disputes: A New Benchmark

Date: Mar 18, 2025
Transformative Fair Use in Academic Copyright Disputes: A New Benchmark Introduction The judgment in Esther Wilder v. Sarah Hoiland, issued by the United States Court of Appeals for the Second...
Reassessing Warrantless Home Entry and Prolonged Seizure: A New Fourth Amendment Balancing Test

Reassessing Warrantless Home Entry and Prolonged Seizure: A New Fourth Amendment Balancing Test

Date: Mar 18, 2025
Reassessing Warrantless Home Entry and Prolonged Seizure: A New Fourth Amendment Balancing Test Introduction In the case of Troy Alexander v. City of Syracuse et al., the United States Court of...
Strict Temporal Trigger in Appraisal Provisions: Proof of Loss as the Clock Starter

Strict Temporal Trigger in Appraisal Provisions: Proof of Loss as the Clock Starter

Date: Mar 18, 2025
Strict Temporal Trigger in Appraisal Provisions: Proof of Loss as the Clock Starter Introduction The case at bar involves Lorena M. Milligan, Everett See, and Salvatore Cristiano as plaintiffs, who...
Clarifying Notice Requirements for Special Conditions in Supervised Release: Limits on Electronic Searches and Unwarranted Drug Treatment Mandates

Clarifying Notice Requirements for Special Conditions in Supervised Release: Limits on Electronic Searches and Unwarranted Drug Treatment Mandates

Date: Mar 18, 2025
Clarifying Notice Requirements for Special Conditions in Supervised Release: Limits on Electronic Searches and Unwarranted Drug Treatment Mandates Introduction The Judgment in United States of...
Clarifying the Limits of Qualified Immunity and Individual Capacity Claims in Section 1983 Actions

Clarifying the Limits of Qualified Immunity and Individual Capacity Claims in Section 1983 Actions

Date: Mar 18, 2025
Clarifying the Limits of Qualified Immunity and Individual Capacity Claims in Section 1983 Actions Introduction The case of Margarita Rossy, as Administrator of the Estate of Jose Hernandez-Rossy, v....
Sovereign Immunity Affirmed in Federal Agency Litigation: Implications for Judicial Review of Administrative Actions

Sovereign Immunity Affirmed in Federal Agency Litigation: Implications for Judicial Review of Administrative Actions

Date: Mar 18, 2025
Sovereign Immunity Affirmed in Federal Agency Litigation: Implications for Judicial Review of Administrative Actions Introduction The case of Robert Dingle, Jr. v. United States Department of...
Establishing Supplemental Jurisdiction and Delimiting the Preclusive Effect of Administrative Findings in Wage Claims

Establishing Supplemental Jurisdiction and Delimiting the Preclusive Effect of Administrative Findings in Wage Claims

Date: Mar 18, 2025
Establishing Supplemental Jurisdiction and Delimiting the Preclusive Effect of Administrative Findings in Wage Claims Introduction The Judgment in the case of Woun Jae Shin, Plaintiff-Appellee, v....
Changed Country Conditions: A New Benchmark for Assessing Asylum Claims

Changed Country Conditions: A New Benchmark for Assessing Asylum Claims

Date: Mar 15, 2025
Changed Country Conditions: A New Benchmark for Assessing Asylum Claims Introduction The case of Ningma Dorje Sherpa v. Pamela Bondi, United States Attorney General represents a significant...
Clarifying ADA Disability Standards in the Era of COVID-19 Mandates: Apuzza v. NYU Langone Long Island

Clarifying ADA Disability Standards in the Era of COVID-19 Mandates: Apuzza v. NYU Langone Long Island

Date: Mar 14, 2025
Clarifying ADA Disability Standards in the Era of COVID-19 Mandates: Apuzza v. NYU Langone Long Island Introduction The case of Adrienne Apuzza v. NYU Langone Long Island represents a significant...
Mandatory Exhaustion in ERISA Claims: Affirming the Limits of the Futility Exception

Mandatory Exhaustion in ERISA Claims: Affirming the Limits of the Futility Exception

Date: Mar 14, 2025
Mandatory Exhaustion in ERISA Claims: Affirming the Limits of the Futility Exception Introduction The United States Court of Appeals for the Second Circuit recently issued a significant unpublished...
Reframing Time and Justice: The HEAR Act’s Revitalization of Claims in Nazi-Looted Art Cases

Reframing Time and Justice: The HEAR Act’s Revitalization of Claims in Nazi-Looted Art Cases

Date: Mar 14, 2025
Reframing Time and Justice: The HEAR Act’s Revitalization of Claims in Nazi-Looted Art Cases Introduction The recent judgment in the case of TIMOTHY REIF and DAVID FRAENKEL, as Co‑Trustees of the...
Qualified Immunity and Gender Discrimination: Establishing But-For Causation in Employment Termination

Qualified Immunity and Gender Discrimination: Establishing But-For Causation in Employment Termination

Date: Mar 14, 2025
Qualified Immunity and Gender Discrimination: Establishing But-For Causation in Employment Termination Introduction The case of Lisa Freeman v. Scott Sansom, et al., adjudicated by the U.S. Court of...
Defining Creditor Standing and Discharge Objections: A New Paradigm under 11 U.S.C. §727(a)(4)(A)

Defining Creditor Standing and Discharge Objections: A New Paradigm under 11 U.S.C. §727(a)(4)(A)

Date: Mar 14, 2025
Defining Creditor Standing and Discharge Objections: A New Paradigm under 11 U.S.C. §727(a)(4)(A) Introduction This commentary examines the recent opinion issued by the United States Court of Appeals...
Balancing Immediate Public Access and Confidentiality: A New Standard for Pre-Access Review under the First Amendment

Balancing Immediate Public Access and Confidentiality: A New Standard for Pre-Access Review under the First Amendment

Date: Mar 14, 2025
Balancing Immediate Public Access and Confidentiality: A New Standard for Pre-Access Review under the First Amendment Introduction In this landmark case, a consortium of news organizations and press...
Clarifying Counsel's Role and the Standard for Asylum Evidence in Immigration Proceedings

Clarifying Counsel's Role and the Standard for Asylum Evidence in Immigration Proceedings

Date: Mar 14, 2025
Clarifying Counsel's Role and the Standard for Asylum Evidence in Immigration Proceedings Introduction This commentary examines the recent summary order from the United States Court of Appeals for...
Affirming the Steadman Factors: A New Benchmark for Investment Adviser Sanctions in Insider Trading Cases

Affirming the Steadman Factors: A New Benchmark for Investment Adviser Sanctions in Insider Trading Cases

Date: Mar 13, 2025
Affirming the Steadman Factors: A New Benchmark for Investment Adviser Sanctions in Insider Trading Cases Introduction The case of Sean R. Stewart v. United States Securities & Exchange Commission...
Clarifying the Limits of Disclosures: Affirmation of Dismissal in Securities Fraud and Common-Law Fraud Claims

Clarifying the Limits of Disclosures: Affirmation of Dismissal in Securities Fraud and Common-Law Fraud Claims

Date: Mar 13, 2025
Clarifying the Limits of Disclosures: Affirmation of Dismissal in Securities Fraud and Common-Law Fraud Claims Introduction This commentary examines the recent decision of the United States Court of...
Clarifying Federal Limits: Habeas Relief, the Rooker-Feldman Doctrine, and 42 U.S.C. § 1983 Claims in Vacating Criminal Convictions

Clarifying Federal Limits: Habeas Relief, the Rooker-Feldman Doctrine, and 42 U.S.C. § 1983 Claims in Vacating Criminal Convictions

Date: Mar 13, 2025
Clarifying Federal Limits: Habeas Relief, the Rooker-Feldman Doctrine, and 42 U.S.C. § 1983 Claims in Vacating Criminal Convictions Introduction The case of Juan Carlos Molina v. Letitia James et al....
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