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  • Commentaries
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2d Circuit Case Commentaries

Reversal of Wire Fraud Convictions: United States v. Aiello et al.

Reversal of Wire Fraud Convictions: United States v. Aiello et al.

Date: Sep 24, 2024
Reversal of Wire Fraud Convictions: United States v. Aiello et al. Introduction In the case of United States of America v. Steven Aiello, Joseph Gerardi, Louis Ciminelli, Alain Kaloyeros, AKA Dr. K.,...
Improper Removal Under the Well-Pleaded Complaint Rule: Insights from Herskovic v. Verizon Wireless

Improper Removal Under the Well-Pleaded Complaint Rule: Insights from Herskovic v. Verizon Wireless

Date: Sep 18, 2024
Improper Removal Under the Well-Pleaded Complaint Rule: Insights from Herskovic v. Verizon Wireless Introduction Case: Yehuda Herskovic, Plaintiff-Appellant, v. Verizon Wireless, Defendant-Appellee....
Address-of-Filing Deficiency in NTA Nonjurisdictional and 8 U.S.C. § 1326 Upheld: United States v. Suquilanda

Address-of-Filing Deficiency in NTA Nonjurisdictional and 8 U.S.C. § 1326 Upheld: United States v. Suquilanda

Date: Sep 14, 2024
Address-of-Filing Deficiency in NTA Nonjurisdictional and 8 U.S.C. § 1326 Upheld: United States v. Suquilanda Introduction In the case of United States of America v. Manuel Antonio Suquilanda, the...
Harmless Error Standard Affirmed for Jury Size in Federal Criminal Trials

Harmless Error Standard Affirmed for Jury Size in Federal Criminal Trials

Date: Sep 7, 2024
Harmless Error Standard Affirmed for Jury Size in Federal Criminal Trials Introduction In the case of United States of America v. Rickey Johnson, decided on September 6, 2024, the United States Court...
Smakaj v. Garland: Affirming the Necessity of Reasonably Available Corroboration in Asylum Applications

Smakaj v. Garland: Affirming the Necessity of Reasonably Available Corroboration in Asylum Applications

Date: Sep 4, 2024
Smakaj v. Garland: Affirming the Necessity of Reasonably Available Corroboration in Asylum Applications Introduction Smakaj v. Garland is a pivotal case adjudicated by the United States Court of...
Standing Requires Concrete Injury-in-Fact for Statutory Damages: Guthrie v. Rainbow Fencing Inc.

Standing Requires Concrete Injury-in-Fact for Statutory Damages: Guthrie v. Rainbow Fencing Inc.

Date: Aug 31, 2024
Standing Requires Concrete Injury-in-Fact for Statutory Damages: Guthrie v. Rainbow Fencing Inc. Introduction Guthrie v. Rainbow Fencing Inc. is a pivotal decision by the United States Court of...
Affirmation of Conspiracy to Commit Economic Espionage: Broad Interpretation of 18 U.S.C. §1831(a)

Affirmation of Conspiracy to Commit Economic Espionage: Broad Interpretation of 18 U.S.C. §1831(a)

Date: Aug 29, 2024
Affirmation of Conspiracy to Commit Economic Espionage: Broad Interpretation of 18 U.S.C. §1831(a) Introduction In the landmark case of United States of America v. Xiaoqing Zheng, the United States...
Second Circuit Establishes Rigorous Standards for Rule 50 Judgments and Jury Instructions in Public Figure Defamation Cases

Second Circuit Establishes Rigorous Standards for Rule 50 Judgments and Jury Instructions in Public Figure Defamation Cases

Date: Aug 29, 2024
Second Circuit Establishes Rigorous Standards for Rule 50 Judgments and Jury Instructions in Public Figure Defamation Cases Introduction In the landmark case of Sarah Palin v. The New York Times...
Brook v. Ruotolo: Affirmation of Dismissal of §1983 Claims Due to Conclusory Allegations

Brook v. Ruotolo: Affirmation of Dismissal of §1983 Claims Due to Conclusory Allegations

Date: Aug 24, 2024
Brook v. Ruotolo: Affirmation of Dismissal of §1983 Claims Due to Conclusory Allegations Introduction In the case of Adam Brook, M.D., Ph.D., Individually and as Executor of the Estate of Dr. Judith...
Second Circuit Establishes No Exception for Sophisticated Plaintiffs in Copyright Infringement Statute of Limitations

Second Circuit Establishes No Exception for Sophisticated Plaintiffs in Copyright Infringement Statute of Limitations

Date: Aug 17, 2024
Second Circuit Establishes No Exception for Sophisticated Plaintiffs in Copyright Infringement Statute of Limitations Introduction In the landmark case of Michael Grecco Productions, Inc. v....
Englert v. Lowerre: Affirmation of Habeas Corpus Denial in Child Sexual Abuse Conviction

Englert v. Lowerre: Affirmation of Habeas Corpus Denial in Child Sexual Abuse Conviction

Date: Aug 16, 2024
Englert v. Lowerre: Affirmation of Habeas Corpus Denial in Child Sexual Abuse Conviction Introduction In the case of Donald J. Englert, II v. Ernest Lowerre, decided on August 15, 2024, the United...
Affirmation of Trustee's Authority to Settle General Claims with Disputed Liens in Bankruptcy Proceedings

Affirmation of Trustee's Authority to Settle General Claims with Disputed Liens in Bankruptcy Proceedings

Date: Aug 16, 2024
Affirmation of Trustee's Authority to Settle General Claims with Disputed Liens in Bankruptcy Proceedings Introduction The case of In re Mark A. Nordlicht, Debtor v. Richard and Marisa Stadtmauer et...
Affirming Fourth Amendment Protections: Denial of Qualified Immunity in Prolonged Detention and Vehicle Searches

Affirming Fourth Amendment Protections: Denial of Qualified Immunity in Prolonged Detention and Vehicle Searches

Date: Aug 13, 2024
Affirming Fourth Amendment Protections: Denial of Qualified Immunity in Prolonged Detention and Vehicle Searches Introduction The case of Basel M. Soukaneh v. Nicholas Andrzejewski addresses critical...
Second Circuit Affirms Voidability of Arbitration Agreements under EFAA for Continuing Hostile Work Environment Claims

Second Circuit Affirms Voidability of Arbitration Agreements under EFAA for Continuing Hostile Work Environment Claims

Date: Aug 13, 2024
Second Circuit Affirms Voidability of Arbitration Agreements under EFAA for Continuing Hostile Work Environment Claims Introduction In the landmark case of Patricia Olivieri v. Stifel, Nicolaus &...
Second Circuit Reaffirms Limitations on Rule 59(e) Amendments to Jury Awarded Damages: Protecting Jury Verdict Integrity

Second Circuit Reaffirms Limitations on Rule 59(e) Amendments to Jury Awarded Damages: Protecting Jury Verdict Integrity

Date: Aug 9, 2024
Second Circuit Reaffirms Limitations on Rule 59(e) Amendments to Jury Awarded Damages: Protecting Jury Verdict Integrity Introduction The case of Salamone and Rufstr Racing, LLC v. Douglas Marine...
Affirmation of Force Majeure Clauses in University Contracts: Michel v. Yale University

Affirmation of Force Majeure Clauses in University Contracts: Michel v. Yale University

Date: Aug 8, 2024
Affirmation of Force Majeure Clauses in University Contracts: Michel v. Yale University Introduction In the wake of the COVID-19 pandemic, educational institutions nationwide faced unprecedented...
Established Obligation and Strict Pleading Standards in Reverse False Claims under the False Claims Act

Established Obligation and Strict Pleading Standards in Reverse False Claims under the False Claims Act

Date: Aug 7, 2024
Established Obligation and Strict Pleading Standards in Reverse False Claims under the False Claims Act Introduction The case of Tamika Miller v. United States of America ex rel. Tamika Miller,...
Cox v. Department of Justice: Second Circuit Affirms Exclusion of Congressional Records from FOIA Disclosure

Cox v. Department of Justice: Second Circuit Affirms Exclusion of Congressional Records from FOIA Disclosure

Date: Aug 6, 2024
Second Circuit Affirms Exclusion of Congressional Records from FOIA Disclosure in Cox v. Department of Justice Introduction The case of Douglas Cox v. Department of Justice, et al. revolves around...
Second Circuit Affirms Fraud Conspiracy Convictions While Clarifying Victim Status of Co-Conspirators under Sentencing Guidelines

Second Circuit Affirms Fraud Conspiracy Convictions While Clarifying Victim Status of Co-Conspirators under Sentencing Guidelines

Date: Aug 3, 2024
Second Circuit Affirms Fraud Conspiracy Convictions While Clarifying Victim Status of Co-Conspirators under Sentencing Guidelines Introduction In the case of United States of America v. Ryan...
Second Circuit Upholds Securities Fraud and Conspiracy Convictions in Boiler Room Pump-and-Dump Scheme

Second Circuit Upholds Securities Fraud and Conspiracy Convictions in Boiler Room Pump-and-Dump Scheme

Date: Aug 2, 2024
Second Circuit Upholds Securities Fraud and Conspiracy Convictions in Boiler Room Pump-and-Dump Scheme Introduction The United States Court of Appeals for the Second Circuit affirmed the convictions...
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