FINRA Arbitration Authority: Awarding Damages under Notice 10-39 and Attorneys’ Fees in Defamation Cases Introduction In Key Investment Services LLC v. Oliver, 23-7326 (2d Cir. 2025), the Second...
FCRA Furnisher Duty Defined: Reasonable Investigations Need Not Guarantee Consumer-Favorable Outcomes 1. Introduction Suluki v. Credit One Bank, NA, 23-721-cv (2d Cir. May 28, 2025), examines the...
Clarifying Foreclosure Standing under New York Law: Holder vs. Assignee Rights in Courchevel 1850 LLC v. Koznitz I LLC Introduction Courchevel 1850 LLC v. Koznitz I LLC is a 2025 Second Circuit...
Limitations on Sanctions for Frivolous RICO Claims Post-Removal: Clarifying Rule 11, § 1927, and Inherent Power in Jobar Holding Corp. v. Halio Introduction This commentary examines the United States...
Limits on Third-Party Standing: Requirement of Close Relationship and Enforcement in Gelb v. Niblack Introduction In Gelb v. Niblack, 24-2371 (2d Cir. May 27, 2025), pro se plaintiff Bernard Gelb...
Reaffirming Deference to Adverse Credibility Determinations Based on Cumulative Inconsistencies in Asylum Cases Introduction In Singh v. Bondi (No. 23-6186, 2d Cir. May 27, 2025), the Second Circuit...
Reaffirming Plausibility Pleading in Employment Discrimination and Disability Claims Introduction In McKinney v. County of Dutchess, 24-1195-cv (2d Cir. May 27, 2025), the United States Court of...
Affirmation of Third-Party Beneficiary Enforcement in Post-Divorce Pension Waivers Introduction Culwick v. Wood, decided by the United States Court of Appeals for the Second Circuit on May 27, 2025,...
Affirmation of Objective Reasonableness and Handcuffing Analysis in Excessive Force Claims 1. Introduction In Ketcham v. City of Mount Vernon, No. 24-825 (2d Cir. May 27, 2025), the United States...
Minimal Inference Pleading of Race Discrimination under Section 1981 and NYSHRL: Flanagan v. Girl Scouts of Suffolk County Introduction Flanagan v. Girl Scouts of Suffolk County, Inc., 23-7900-cv (2d...
Scope of Physical‐Restraint and Planning Enhancements under U.S.S.G. §§3A1.3 & 2A2.2(b)(1) Introduction The Second Circuit’s summary order in United States v. Rivas, No. 24‐1312‐cr (2d Cir. May 23,...
Affirmation of the Co-Conspirator Hearsay Exception and Venue Principles in Continuing Racketeering Offenses Introduction In United States v. Garcia (2d Cir. May 23, 2025), the Second Circuit...
Clarifying Standing and Pleading Thresholds in § 1983 Equal Protection Claims: Bergnes v. Zayas Introduction In Bergnes v. Zayas, 24-2434 (2d Cir. May 23, 2025), the United States Court of Appeals...
Refusal to Cooperate Cannot Warrant Upward Sentencing Variance: Continued Vitality of Stratton in the Second Circuit Introduction This commentary examines the United States Court of Appeals for the...
Treasury-Share Exception to Section 16(b): Excluding Issuer Repurchases from Short-Swing Profit Liability 1. Introduction This commentary examines the new rule established by the Second Circuit in...
Prohibition of Sua Sponte Fair Use Defense Against Defaulting Defendants: Second Circuit Clarification in Romanova v. Amilus Inc. Introduction Romanova v. Amilus Inc. is a 2025 Second Circuit...
Reaffirming the "One Central Reason" Standard and Distinct Acquiescence Test Under the CAT: Valverde Lopez v. Bondi Introduction Valverde Lopez v. Bondi is a 2025 summary order from the United States...
Chen v. Noem: Administrative Delay Claims and Mootness—Voluntary Cessation and Capable of Repetition Exceptions Clarified Introduction Chen v. Noem is a summary order issued by the United States...
Bergnes v. Zayas: Clarifying Standing Under § 1983 and Evidentiary Thresholds for Equal Protection Claims Introduction In Bergnes v. Zayas, 24-2434 (2d Cir. May 22, 2025), the United States Court of...
Clarifying Standards for Present Sense Impressions and Alternative Perpetrator Evidence in Federal Criminal Trials Introduction The Second Circuit’s summary order in United States v. Rodriguez, No....