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  • Commentaries
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2d Circuit Case Commentaries

Second Circuit Affirms Audible's Right to Deduct All Returns Under ACX Agreement

Second Circuit Affirms Audible's Right to Deduct All Returns Under ACX Agreement

Date: Dec 22, 2024
Second Circuit Affirms Audible's Right to Deduct All Returns Under ACX Agreement Introduction In the case of Golden Unicorn Enterprises, Inc. and Big Dog Books, LLC versus Audible, Inc., the United...
Second Circuit Clarifies Statute of Limitations in Conversion Claims with Alternative Theories

Second Circuit Clarifies Statute of Limitations in Conversion Claims with Alternative Theories

Date: Dec 22, 2024
Second Circuit Clarifies Statute of Limitations in Conversion Claims with Alternative Theories Introduction In the recent appellate decision Phyllis Swan v. Robert Everett Page IV, the United States...
Credibility Determinations in Asylum Cases: Insights from Zavala v. Garland

Credibility Determinations in Asylum Cases: Insights from Zavala v. Garland

Date: Dec 22, 2024
Credibility Determinations in Asylum Cases: Insights from Zavala v. Garland Introduction Zavala v. Garland, 23-6127 NAC (2d Cir. Dec. 18, 2024), is a significant case that delves into the nuances of...
Second Circuit Affirms Money Laundering Conviction, Upholds 'Specified Unlawful Activity' Standard and Conscious Avoidance Instruction

Second Circuit Affirms Money Laundering Conviction, Upholds 'Specified Unlawful Activity' Standard and Conscious Avoidance Instruction

Date: Dec 22, 2024
Second Circuit Affirms Money Laundering Conviction, Upholds 'Specified Unlawful Activity' Standard and Conscious Avoidance Instruction Introduction In the case of United States of America v. Dalip...
Extension of Relief Petitions: Applying Green v. United States to §2254 Proceedings

Extension of Relief Petitions: Applying Green v. United States to §2254 Proceedings

Date: Dec 22, 2024
Extension of Relief Petitions: Applying Green v. United States to §2254 Proceedings Introduction The case Kyle A. Box v. Lynn Lilley, adjudicated by the United States Court of Appeals for the Second...
Affirming Employer Liability Standards in Co-Worker Sexual Harassment: Cain v. McDonough

Affirming Employer Liability Standards in Co-Worker Sexual Harassment: Cain v. McDonough

Date: Dec 22, 2024
Affirming Employer Liability Standards in Co-Worker Sexual Harassment: Cain v. McDonough Introduction In the case of Tracy Cain v. Denis Richard McDonough, decided on December 19, 2024, the United...
Affirmation of Summary Judgment in Tzumi Electronics LLC v. The Burlington Insurance Company

Affirmation of Summary Judgment in Tzumi Electronics LLC v. The Burlington Insurance Company

Date: Dec 22, 2024
Affirmation of Summary Judgment in Tzumi Electronics LLC v. The Burlington Insurance Company Introduction The case of Tzumi Electronics LLC v. The Burlington Insurance Company was adjudicated in the...
Denial of Withholding of Removal for Particularly Serious Crimes: Analysis of Nestor Tusa-Guaylla v. Merrick B. Garland

Denial of Withholding of Removal for Particularly Serious Crimes: Analysis of Nestor Tusa-Guaylla v. Merrick B. Garland

Date: Dec 19, 2024
Denial of Withholding of Removal for Particularly Serious Crimes: Analysis of Nestor Tusa-Guaylla v. Merrick B. Garland Introduction The case of Nestor Tusa-Guaylla v. Merrick B. Garland addresses...
Affirmation of Res Judicata and Strict Standards for Rule 60(b) Relief in Stinson v. City University of New York

Affirmation of Res Judicata and Strict Standards for Rule 60(b) Relief in Stinson v. City University of New York

Date: Dec 19, 2024
Affirmation of Res Judicata and Strict Standards for Rule 60(b) Relief in Stinson v. City University of New York Introduction In the case of Marcus Stinson, Plaintiff-Appellant, versus City...
Stanley Pierre v. Merrick B. Garland: Enhanced Scrutiny of Changed Country Conditions in CAT Claims

Stanley Pierre v. Merrick B. Garland: Enhanced Scrutiny of Changed Country Conditions in CAT Claims

Date: Dec 19, 2024
Stanley Pierre v. Merrick B. Garland: Enhanced Scrutiny of Changed Country Conditions in CAT Claims Introduction Stanley Pierre v. Merrick B. Garland is a pivotal case adjudicated by the United...
Defining Employer Liability Under FLSA and NYLL: Insights from Sanchez Juarez v. Siderakis

Defining Employer Liability Under FLSA and NYLL: Insights from Sanchez Juarez v. Siderakis

Date: Dec 19, 2024
Defining Employer Liability Under FLSA and NYLL: Insights from Sanchez Juarez v. Siderakis Introduction The case of Marco Antonio Sanchez Juarez and Janet Gutierrez versus Michael Siderakis and...
Affirmation of Felony Ammunition Possession and Conspiracy Convictions: U.S. v. Christopher & Wade

Affirmation of Felony Ammunition Possession and Conspiracy Convictions: U.S. v. Christopher & Wade

Date: Dec 19, 2024
Affirmation of Felony Ammunition Possession and Conspiracy Convictions: U.S. v. Christopher & Wade Introduction The case of United States of America v. Darrius Christopher & Robert Wade serves as a...
Affirmation of Drug Conspiracy Conviction: An In-Depth Analysis of United States v. Carl Andrews

Affirmation of Drug Conspiracy Conviction: An In-Depth Analysis of United States v. Carl Andrews

Date: Dec 19, 2024
Affirmation of Drug Conspiracy Conviction: An In-Depth Analysis of United States v. Carl Andrews Introduction In the case of United States of America v. Carl Andrews, the defendant, also known as...
Second Circuit Clarifies Supervised Release Conditions Under SORNA in United States v. Donohue

Second Circuit Clarifies Supervised Release Conditions Under SORNA in United States v. Donohue

Date: Dec 19, 2024
Second Circuit Clarifies Supervised Release Conditions Under SORNA in United States v. Donohue Introduction In the case of United States of America v. Justin Donohue, decided on December 17, 2024,...
Credibility Determinations in Asylum Cases: Second Circuit Upholds Adverse Findings in Navjot Singh v. Garland

Credibility Determinations in Asylum Cases: Second Circuit Upholds Adverse Findings in Navjot Singh v. Garland

Date: Dec 19, 2024
Credibility Determinations in Asylum Cases: Second Circuit Upholds Adverse Findings in Navjot Singh v. Garland Disclaimer: This commentary is intended for informational purposes only and does not...
Limitations on Substitution of Court-Appointed Counsel: Analysis of United States v. Williams

Limitations on Substitution of Court-Appointed Counsel: Analysis of United States v. Williams

Date: Dec 19, 2024
Limitations on Substitution of Court-Appointed Counsel: Analysis of United States v. Williams Introduction United States of America v. Marquis Williams is a pivotal case decided by the United States...
Second Circuit Affirms Non-Applicability of Section 365(d)(4) to Long-Term Commercial Leases

Second Circuit Affirms Non-Applicability of Section 365(d)(4) to Long-Term Commercial Leases

Date: Dec 19, 2024
Second Circuit Affirms Non-Applicability of Section 365(d)(4) to Long-Term Commercial Leases Introduction The case of In re: Sears Holdings Corporation, Debtor v. Transform Holdco LLC et al.,...
Affirmation of Summary Judgment in Hernandez v. Kwiat Eye: Implications for Employment Discrimination Claims

Affirmation of Summary Judgment in Hernandez v. Kwiat Eye: Implications for Employment Discrimination Claims

Date: Dec 19, 2024
Affirmation of Summary Judgment in Hernandez v. Kwiat Eye: Implications for Employment Discrimination Claims Introduction The case Sonia Hernandez v. Kwiat Eye and Laser Surgery, PLLC addresses...
Affirmation of Discretionary Sentencing Factors in International Parental Kidnapping Case

Affirmation of Discretionary Sentencing Factors in International Parental Kidnapping Case

Date: Dec 19, 2024
Affirmation of Discretionary Sentencing Factors in International Parental Kidnapping Case Introduction In the matter of United States of America v. Khalid Alboushari, the United States Court of...
Affirmation of Firearm Use in Drug Trafficking: Analysis of United States v. Bracy

Affirmation of Firearm Use in Drug Trafficking: Analysis of United States v. Bracy

Date: Dec 16, 2024
Affirmation of Firearm Use in Drug Trafficking: Analysis of United States v. Bracy Introduction In the case of United States of America v. DaShaun Bracy, the United States Court of Appeals for the...
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