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2d Circuit Case Commentaries

Relation Back Rule Affirmed in Gudanowski v. Burrell: Second Circuit Upholds Summary Judgment

Relation Back Rule Affirmed in Gudanowski v. Burrell: Second Circuit Upholds Summary Judgment

Date: Aug 1, 2024
Relation Back Rule Affirmed in Gudanowski v. Burrell: Second Circuit Upholds Summary Judgment Introduction In the case of Paul T. Gudanowski v. Darryl M. Burrell et al., the United States Court of...
Sentencing Standards and Jury Verdicts: Comprehensive Analysis of Martinez v. United States, Second Circuit

Sentencing Standards and Jury Verdicts: Comprehensive Analysis of Martinez v. United States, Second Circuit

Date: Jul 31, 2024
Sentencing Standards and Jury Verdicts: Comprehensive Analysis of Martinez v. United States, Second Circuit Introduction In the landmark case of United States v. Carlos Martinez, the United States...
Affirmation of Authentication and Fraud-by-Omission Standards in Nonprofit Fraud Cases: United States v. George Moses

Affirmation of Authentication and Fraud-by-Omission Standards in Nonprofit Fraud Cases: United States v. George Moses

Date: Jul 27, 2024
Affirmation of Authentication and Fraud-by-Omission Standards in Nonprofit Fraud Cases: United States v. George Moses Introduction In the landmark case United States of America v. George Moses,...
Establishing the Relevance of State Domicile in Diversity Jurisdiction for LLCs with Permanent Resident Members

Establishing the Relevance of State Domicile in Diversity Jurisdiction for LLCs with Permanent Resident Members

Date: Jul 27, 2024
Establishing the Relevance of State Domicile in Diversity Jurisdiction for LLCs with Permanent Resident Members Introduction In the case of Windward Bora LLC v. Constance R. Browne and Royston D....
Affirmation of Apportionment under Foreign Law and Sovereign Immunity in Maritime Collision Cases: Energetic Tank, Inc. v. United States

Affirmation of Apportionment under Foreign Law and Sovereign Immunity in Maritime Collision Cases: Energetic Tank, Inc. v. United States

Date: Jul 27, 2024
Affirmation of Apportionment under Foreign Law and Sovereign Immunity in Maritime Collision Cases: Energetic Tank, Inc. v. United States Introduction In Energetic Tank, Inc. v. United States of...
Res Judicata Precludes Defend Trade Secrets Act Claims: Analysis of BEIJING NEU CLOUD ORIENTAL SYSTEM TECHNOLOGY CO., LTD. v. IBM

Res Judicata Precludes Defend Trade Secrets Act Claims: Analysis of BEIJING NEU CLOUD ORIENTAL SYSTEM TECHNOLOGY CO., LTD. v. IBM

Date: Jul 26, 2024
Res Judicata Precludes Defend Trade Secrets Act Claims: Analysis of BEIJING NEU CLOUD ORIENTAL SYSTEM TECHNOLOGY CO., LTD. v. IBM Introduction The case of Beijing Neu Cloud Oriental System Technology...
T.W. v. New York State Board of Law Examiners: Affirming Sovereign Immunity under the ADA

T.W. v. New York State Board of Law Examiners: Affirming Sovereign Immunity under the ADA

Date: Jul 20, 2024
T.W. v. New York State Board of Law Examiners: Affirming Sovereign Immunity under the ADA Introduction In the case of T.W. v. New York State Board of Law Examiners, the plaintiff, T.W., brought a...
De Novo Resentencing Under 28 U.S.C. § 2255: Insights from Betim Kaziu v. United States

De Novo Resentencing Under 28 U.S.C. § 2255: Insights from Betim Kaziu v. United States

Date: Jul 17, 2024
De Novo Resentencing Under 28 U.S.C. § 2255: Insights from Betim Kaziu v. United States Introduction In the landmark case of Betim Kaziu v. United States, adjudicated by the United States Court of...
Second Circuit Upholds Presumption of Reliability for Form I-213 in Removal Proceedings

Second Circuit Upholds Presumption of Reliability for Form I-213 in Removal Proceedings

Date: Jul 17, 2024
Second Circuit Upholds Presumption of Reliability for Form I-213 in Removal Proceedings Introduction In the case of Maximo Robert Vera Punin v. Merrick B. Garland, decided on July 16, 2024, the...
Reversal of Default Judgment in Sexual Assault Case: Henry v. Oluwole

Reversal of Default Judgment in Sexual Assault Case: Henry v. Oluwole

Date: Jul 16, 2024
Reversal of Default Judgment in Sexual Assault Case: Henry v. Oluwole Introduction The case of Laura Henry v. Olakunle Oluwole, M.D. adjudicated by the United States Court of Appeals for the Second...
Second Circuit Affirms Limitation on Bivens Actions in New Contexts Involving Excessive Force Claims

Second Circuit Affirms Limitation on Bivens Actions in New Contexts Involving Excessive Force Claims

Date: Jul 13, 2024
Second Circuit Affirms Limitation on Bivens Actions in New Contexts Involving Excessive Force Claims Introduction In the appellate case of Clint Edwards v. Drew Gizzi et al., the United States Court...
Second Circuit Establishes Clear Guidelines on Free Speech in Public Accommodations: Carpenter v. New York Attorney General

Second Circuit Establishes Clear Guidelines on Free Speech in Public Accommodations: Carpenter v. New York Attorney General

Date: Jul 13, 2024
Second Circuit Establishes Clear Guidelines on Free Speech in Public Accommodations: Carpenter v. New York Attorney General Introduction In the landmark case of Emilee Carpenter, LLC, DBA Emilee...
Limits on the Fraud Waiver for Removal Based on Status Termination: Insights from Bador v. Garland

Limits on the Fraud Waiver for Removal Based on Status Termination: Insights from Bador v. Garland

Date: Jul 12, 2024
Limits on the Fraud Waiver for Removal Based on Status Termination: Insights from Bador v. Garland Introduction In the case of Shlomo Bador v. Merrick B. Garland, United States Attorney General,...
Affirmation of Substantial Evidence Standard in Disability Benefits Denial

Affirmation of Substantial Evidence Standard in Disability Benefits Denial

Date: Jul 10, 2024
Affirmation of Substantial Evidence Standard in Disability Benefits Denial Introduction In the case of Wayne Parent v. Martin O'Malley, Commissioner of Social Security, the United States Court of...
Second Circuit Affirms Limits of ADA Claims Against COVID-19 Workplace Policies: Johnson v. Mount Sinai Hospital Group

Second Circuit Affirms Limits of ADA Claims Against COVID-19 Workplace Policies: Johnson v. Mount Sinai Hospital Group

Date: Jul 4, 2024
Second Circuit Affirms Limits of ADA Claims Against COVID-19 Workplace Policies: Johnson v. Mount Sinai Hospital Group Introduction In Jennifer Johnson v. Mount Sinai Hospital Group, Inc., the United...
Second Circuit Upholds New York's Differential Campaign Finance Rules for Political Parties and Independent Bodies

Second Circuit Upholds New York's Differential Campaign Finance Rules for Political Parties and Independent Bodies

Date: Jul 4, 2024
Second Circuit Upholds New York's Differential Campaign Finance Rules for Political Parties and Independent Bodies Introduction In the case of Upstate Jobs Party, Martin Babinec, John Bullis,...
Exceptional Hardship Standard Affirmed in Garcia Carrera v. Garland

Exceptional Hardship Standard Affirmed in Garcia Carrera v. Garland

Date: Jul 4, 2024
Exceptional Hardship Standard Affirmed in Garcia Carrera v. Garland Introduction In Garcia Carrera v. Garland, decided on July 3, 2024, the United States Court of Appeals for the Second Circuit...
New Precedent: Venezuelan Law Governs Validity of Foreign Debt Instruments under UCC §8-110

New Precedent: Venezuelan Law Governs Validity of Foreign Debt Instruments under UCC §8-110

Date: Jul 4, 2024
Venezuelan Law Governs Validity of Foreign Debt Instruments: A Landmark Decision under UCC §8-110 Introduction The case of Petróleos de Venezuela S.A., PDV Holding, Inc., PDVSA Petróleo S.A. v. MUFG...
Strengthening Judicial Impartiality: The Second Circuit’s Enforcement of 28 U.S.C. §455 in Litovich v. Major Financial Institutions

Strengthening Judicial Impartiality: The Second Circuit’s Enforcement of 28 U.S.C. §455 in Litovich v. Major Financial Institutions

Date: Jul 3, 2024
Strengthening Judicial Impartiality: The Second Circuit’s Enforcement of 28 U.S.C. §455 in Litovich v. Major Financial Institutions Introduction In the landmark case of Litovich et al. v. Bank of...
Burden of Proof in Antitrust Claims Against Labor Unions: Insights from Drabinsky v. Actors' Equity Association

Burden of Proof in Antitrust Claims Against Labor Unions: Insights from Drabinsky v. Actors' Equity Association

Date: Jul 3, 2024
Burden of Proof in Antitrust Claims Against Labor Unions: Insights from Drabinsky v. Actors' Equity Association Introduction The legal landscape surrounding antitrust claims against labor unions has...
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