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  • Commentaries
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2d Circuit Case Commentaries

Waiver of Jury Instruction Challenges in Plea Agreements: Affirming the Limits of Post-Plea Appeals

Waiver of Jury Instruction Challenges in Plea Agreements: Affirming the Limits of Post-Plea Appeals

Date: Feb 28, 2025
Waiver of Jury Instruction Challenges in Plea Agreements: Affirming the Limits of Post-Plea Appeals Introduction In the case of United States of America, Appellee, v. Taheem Smith, the United States...
MIGUEL ANGEL ERRAEZ-MONTANO v. BONDI: Defining the Boundaries of Cognizable Social Groups and Immutable Characteristics Under U.S. Immigration Law

MIGUEL ANGEL ERRAEZ-MONTANO v. BONDI: Defining the Boundaries of Cognizable Social Groups and Immutable Characteristics Under U.S. Immigration Law

Date: Feb 28, 2025
MIGUEL ANGEL ERRAEZ-MONTANO v. BONDI: Defining the Boundaries of Cognizable Social Groups and Immutable Characteristics Under U.S. Immigration Law Introduction This commentary examines the recent...
Judicial Discretion and Evidentiary Rigor in Fraud Conspiracy Cases: A Commentary on United States v. Constantine & Dowd

Judicial Discretion and Evidentiary Rigor in Fraud Conspiracy Cases: A Commentary on United States v. Constantine & Dowd

Date: Feb 28, 2025
Judicial Discretion and Evidentiary Rigor in Fraud Conspiracy Cases: A Commentary on United States v. Constantine & Dowd Introduction The case of United States of America v. George Constantine,...
New Precedent on the Weight of Credibility Determinations in Immigration Asylum Cases: Omission, Consistency, and Demeanor Under Scrutiny

New Precedent on the Weight of Credibility Determinations in Immigration Asylum Cases: Omission, Consistency, and Demeanor Under Scrutiny

Date: Feb 28, 2025
New Precedent on the Weight of Credibility Determinations in Immigration Asylum Cases: Omission, Consistency, and Demeanor Under Scrutiny Introduction The case under review, Manpreet Singh v. Pamela...
Unjust Enrichment and Piercing the Corporate Veil: A New Precedent on Corporate Officer Liability

Unjust Enrichment and Piercing the Corporate Veil: A New Precedent on Corporate Officer Liability

Date: Feb 28, 2025
Unjust Enrichment and Piercing the Corporate Veil: A New Precedent on Corporate Officer Liability Introduction The case of Residential Fences Corp. and Laser Industries, Inc. versus Rhino Blades,...
Clarifying Digital Contractual Authority: Affirming Unambiguous Content Policy Provisions

Clarifying Digital Contractual Authority: Affirming Unambiguous Content Policy Provisions

Date: Feb 28, 2025
Clarifying Digital Contractual Authority: Affirming Unambiguous Content Policy Provisions Introduction In the case of Haocheng Qian v. YouTube, LLC, Google LLC, the United States Court of Appeals for...
Establishing the Boundaries of Supervised Release Conditions: Accountability and Proportionality in Substance Abuse Cases

Establishing the Boundaries of Supervised Release Conditions: Accountability and Proportionality in Substance Abuse Cases

Date: Feb 26, 2025
Establishing the Boundaries of Supervised Release Conditions: Accountability and Proportionality in Substance Abuse Cases Introduction In the recent decision of United States of America v. Jonathan...
Affirming Probable Cause in Local Code Enforcement: New Precedents on Section 1983 and Related Claims

Affirming Probable Cause in Local Code Enforcement: New Precedents on Section 1983 and Related Claims

Date: Feb 26, 2025
Affirming Probable Cause in Local Code Enforcement: New Precedents on Section 1983 and Related Claims Introduction The recent appellate decision in Darren E. Thomas, Marlene Thomas v. Leonard Genova,...
Affirming the Plain Meaning of "Termination of Employment" in ERISA Pension Plans

Affirming the Plain Meaning of "Termination of Employment" in ERISA Pension Plans

Date: Feb 24, 2025
Affirming the Plain Meaning of "Termination of Employment" in ERISA Pension Plans Introduction The case of Kenneth Mauer v. Pension Committee of the National Basketball Association Referees' Pension...
Deference to Insurer Discretion: Establishing a Reasonable Basis Standard under ERISA

Deference to Insurer Discretion: Establishing a Reasonable Basis Standard under ERISA

Date: Feb 24, 2025
Deference to Insurer Discretion: Establishing a Reasonable Basis Standard under ERISA Introduction In the case of Melinda L. Johnson v. Hartford Life and Accident Insurance Company, the United States...
Reaffirmation of the Profit Motive Standard under I.R.C. § 183: The Bucci Case

Reaffirmation of the Profit Motive Standard under I.R.C. § 183: The Bucci Case

Date: Feb 24, 2025
Reaffirmation of the Profit Motive Standard under I.R.C. § 183: The Bucci Case Introduction The case of Joseph G. Bucci and Elaine T. Bucci v. Commissioner of Internal Revenue, decided on February...
Clarifying Scienter Inference in Securities Fraud and the Limits of Trade-Specific Guarantees in Investment Contracts

Clarifying Scienter Inference in Securities Fraud and the Limits of Trade-Specific Guarantees in Investment Contracts

Date: Feb 24, 2025
Clarifying Scienter Inference in Securities Fraud and the Limits of Trade-Specific Guarantees in Investment Contracts Introduction This commentary examines the recent opinion from the United States...
Reaffirming Judicial Discretion in §1782 Discovery: The Legacy of Dr. Hranov v. Deutsche Bank

Reaffirming Judicial Discretion in §1782 Discovery: The Legacy of Dr. Hranov v. Deutsche Bank

Date: Feb 24, 2025
Reaffirming Judicial Discretion in §1782 Discovery: The Legacy of Dr. Hranov v. Deutsche Bank Introduction The case of Dr. Isabella Hranov v. Deutsche Bank AG presents a significant development in...
Fourth Amendment Clarification: iPhone-Assisted Observations in Automobile Searches

Fourth Amendment Clarification: iPhone-Assisted Observations in Automobile Searches

Date: Feb 24, 2025
Fourth Amendment Clarification: iPhone-Assisted Observations in Automobile Searches Introduction The case of United States of America v. Christopher Poller presented before the United States Court of...
Strict Adherence to Rule 4(m): Enhanced Expectations for Service of Process in Pro Se Litigation

Strict Adherence to Rule 4(m): Enhanced Expectations for Service of Process in Pro Se Litigation

Date: Feb 24, 2025
Strict Adherence to Rule 4(m): Enhanced Expectations for Service of Process in Pro Se Litigation Introduction The case of AMIR M. HAMZA v. EILEEN YANDIK, STEPHEN YANDIK, WILLIAM YANDIK, GREEN ACRES...
Clarifying Recovery Allocations in Arbitration: Flintlock Construction Services v. Arch Specialty Insurance

Clarifying Recovery Allocations in Arbitration: Flintlock Construction Services v. Arch Specialty Insurance

Date: Feb 24, 2025
Clarifying Recovery Allocations in Arbitration: Flintlock Construction Services v. Arch Specialty Insurance Introduction The case of Flintlock Construction Services, LLC v. Arch Specialty Insurance...
Reaffirming Deference to Adverse Credibility Determinations in Asylum Proceedings: Insights from Ahamed Sultan v. U.S. Attorney General

Reaffirming Deference to Adverse Credibility Determinations in Asylum Proceedings: Insights from Ahamed Sultan v. U.S. Attorney General

Date: Feb 24, 2025
Reaffirming Deference to Adverse Credibility Determinations in Asylum Proceedings: Insights from Ahamed Sultan v. U.S. Attorney General Introduction This commentary examines the recent judgment in...
Defining the Boundaries of Reconsideration: Limiting Multiple Motions and Sua Sponte Authority in Immigration Adjudications

Defining the Boundaries of Reconsideration: Limiting Multiple Motions and Sua Sponte Authority in Immigration Adjudications

Date: Feb 24, 2025
Defining the Boundaries of Reconsideration: Limiting Multiple Motions and Sua Sponte Authority in Immigration Adjudications Introduction The case of Liping Liang v. Pamela Bondi, United States...
Affirming Discretion in Foreign Discovery: Limiting Overbroad Requests Under § 1782

Affirming Discretion in Foreign Discovery: Limiting Overbroad Requests Under § 1782

Date: Feb 24, 2025
Affirming Discretion in Foreign Discovery: Limiting Overbroad Requests Under § 1782 Introduction The United States Court of Appeals for the Second Circuit issued an unpublished opinion on February...
FSIA’s Real-Party-in-Interest Doctrine and Extended Removal Deadlines: A New Precedent

FSIA’s Real-Party-in-Interest Doctrine and Extended Removal Deadlines: A New Precedent

Date: Feb 21, 2025
FSIA’s Real-Party-in-Interest Doctrine and Extended Removal Deadlines: A New Precedent Introduction The decision in Dr. Ahmed Diaa Eldin Ali Hussein v. Dr. Mohamed Ahmed Maait marks an important...
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