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  • Commentaries
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2d Circuit Case Commentaries

Clarifying Eighth Amendment Deliberate Indifference: Medical Judgment and Diagnostic Imaging

Clarifying Eighth Amendment Deliberate Indifference: Medical Judgment and Diagnostic Imaging

Date: Apr 9, 2025
Clarifying Eighth Amendment Deliberate Indifference: Medical Judgment and Diagnostic Imaging Introduction Wright v. Martin, decided April 8, 2025 by the United States Court of Appeals for the Second...
Clarifying Summary Judgment Standards: Extraordinary Circumstances for New Evidence and Rule 56’s Affidavit Requirements

Clarifying Summary Judgment Standards: Extraordinary Circumstances for New Evidence and Rule 56’s Affidavit Requirements

Date: Apr 9, 2025
Clarifying Summary Judgment Standards: Extraordinary Circumstances for New Evidence and Rule 56’s Affidavit Requirements 1. Introduction This commentary examines the Second Circuit’s summary order in...
Authorizing Disclosure of PSR and Mental-Health Records to Treatment Providers: Limits on Delegation in Supervised Release Conditions

Authorizing Disclosure of PSR and Mental-Health Records to Treatment Providers: Limits on Delegation in Supervised Release Conditions

Date: Apr 9, 2025
Authorizing Disclosure of PSR and Mental-Health Records to Treatment Providers: Limits on Delegation in Supervised Release Conditions Introduction This commentary analyzes the Second Circuit’s...
Applicability of the International Parental Kidnapping Crime Act to Void Foreign Marriages and Custody Contexts

Applicability of the International Parental Kidnapping Crime Act to Void Foreign Marriages and Custody Contexts

Date: Apr 9, 2025
Applicability of the International Parental Kidnapping Crime Act to Void Foreign Marriages and Custody Contexts Introduction United States v. Helbrans, 22-1680-cr(L) (2d Cir. Apr. 8, 2025), presents...
Affirmation of SRO Deference and FAPE Adequacy in IDEA Appeals

Affirmation of SRO Deference and FAPE Adequacy in IDEA Appeals

Date: Apr 9, 2025
Affirmation of SRO Deference and FAPE Adequacy in IDEA Appeals Introduction Zayas v. Banks, 24-1076-cv (2d Cir. Apr. 8, 2025), addresses a challenge under the Individuals with Disabilities Education...
Defining “Marital Status” under the NYCHRL: Limiting Discrimination to Legal Condition, Not Spousal Identity

Defining “Marital Status” under the NYCHRL: Limiting Discrimination to Legal Condition, Not Spousal Identity

Date: Apr 9, 2025
Defining “Marital Status” under the NYCHRL: Limiting Discrimination to Legal Condition, Not Spousal Identity Introduction In Hunter v. Debmar-Mercury LLC, 24-1229 (2d Cir. Apr. 8, 2025), the Second...
Clarifying Deference and FAPE Standards in IDEA Appeals: Zayas v. Banks

Clarifying Deference and FAPE Standards in IDEA Appeals: Zayas v. Banks

Date: Apr 9, 2025
Clarifying Deference and FAPE Standards in IDEA Appeals: Zayas v. Banks Introduction The United States Court of Appeals for the Second Circuit’s decision in Zayas v. Banks (24-1076-cv, decided April...
Khazin v. City of New York: Employer Awareness and But-For Causation in Title VII Retaliation Claims

Khazin v. City of New York: Employer Awareness and But-For Causation in Title VII Retaliation Claims

Date: Apr 9, 2025
Khazin v. City of New York: Employer Awareness and But-For Causation in Title VII Retaliation Claims Introduction Background: In Khazin v. City of New York, Valentin Khazin—a former NYPD...
Clarification of Summary Judgment Standards and Limits on Extraordinary‐Circumstances Evidence on Appeal

Clarification of Summary Judgment Standards and Limits on Extraordinary‐Circumstances Evidence on Appeal

Date: Apr 9, 2025
Clarification of Summary Judgment Standards and Limits on Extraordinary-Circumstances Evidence on Appeal Introduction This commentary examines the Second Circuit’s summary order in Sterling v....
Sterling v. Deutsche Bank: Proving a Genuine Dispute Required to Defeat Summary Judgment

Sterling v. Deutsche Bank: Proving a Genuine Dispute Required to Defeat Summary Judgment

Date: Apr 9, 2025
Sterling v. Deutsche Bank Nat'l Tr. Co.: Proving a Genuine Dispute to Defeat Summary Judgment Introduction This case arises from a pro se appeal by Everton Sterling following the foreclosure of...
Medical Judgment in Diagnostic Testing and the Eighth Amendment: Wright v. Martin

Medical Judgment in Diagnostic Testing and the Eighth Amendment: Wright v. Martin

Date: Apr 9, 2025
Medical Judgment in Diagnostic Testing and the Eighth Amendment: Wright v. Martin 1. Introduction Wright v. Martin (23-7762-pr) is a summary order issued by the United States Court of Appeals for the...
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)...
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