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2d Circuit Case Commentaries

Clarifying Concurrent Sentence Doctrine in Supervised Release Violations: United States v. McLarty

Clarifying Concurrent Sentence Doctrine in Supervised Release Violations: United States v. McLarty

Date: Jun 29, 2024
Clarifying Concurrent Sentence Doctrine in Supervised Release Violations: United States v. McLarty Introduction In the landmark case United States of America v. Douglas McLarty, decided by the United...
Affirmation of Summary Judgment in Ostrowski v. Port Authority Establishes Rigorous Standards for Discrimination Claims

Affirmation of Summary Judgment in Ostrowski v. Port Authority Establishes Rigorous Standards for Discrimination Claims

Date: Jun 29, 2024
Affirmation of Summary Judgment in Ostrowski v. Port Authority Establishes Rigorous Standards for Discrimination Claims Introduction In the case of Bogdan Ostrowski, Plaintiff-Appellant, v. The Port...
Second Circuit Upholds Donoghue: Affirming Constitutional Standing in Section 16(b) Derivative Actions

Second Circuit Upholds Donoghue: Affirming Constitutional Standing in Section 16(b) Derivative Actions

Date: Jun 25, 2024
Second Circuit Upholds Donoghue: Affirming Constitutional Standing in Section 16(b) Derivative Actions Introduction In the case of Brad Packer, derivatively on behalf of 1-800-Flowers.com, Inc. v....
Windstream Holdings, Inc. v. Charter Communications LLC: Defining the Boundaries of Competitive Advertising under the Automatic Stay

Windstream Holdings, Inc. v. Charter Communications LLC: Defining the Boundaries of Competitive Advertising under the Automatic Stay

Date: Jun 25, 2024
Windstream Holdings, Inc. v. Charter Communications LLC: Defining the Boundaries of Competitive Advertising under the Automatic Stay Introduction Windstream Holdings, Inc. v. Charter Communications...
Application of "Custody, Care, or Supervisory Control" Enhancement in Sentencing: United States v. McGrain

Application of "Custody, Care, or Supervisory Control" Enhancement in Sentencing: United States v. McGrain

Date: Jun 22, 2024
Application of "Custody, Care, or Supervisory Control" Enhancement in Sentencing: United States v. McGrain Introduction United States of America v. Joseph McGrain is a landmark decision by the United...
Affirmation of District Court’s Dismissal of section 1983 Abuse of Process Claims

Affirmation of District Court’s Dismissal of section 1983 Abuse of Process Claims

Date: Jun 22, 2024
Affirmation of District Court’s Dismissal of section 1983 Abuse of Process Claims Introduction In the recent case of Anthony Zappin v. Matthew F. Cooper, Lauren Liebhauser, et al., the United States...
Second Circuit Upholds Presumption of Equivalent Value in Constructive Fraudulent Transfer Claims

Second Circuit Upholds Presumption of Equivalent Value in Constructive Fraudulent Transfer Claims

Date: Jun 18, 2024
Second Circuit Upholds Presumption of Equivalent Value in Constructive Fraudulent Transfer Claims Introduction In the case IN RE: WADE PARK LAND HOLDINGS, LLC, WADE PARK LAND, LLC, Debtors., the...
Imputing Employer Liability for Third-Party Harassment: Riggins v. Town of Berlin

Imputing Employer Liability for Third-Party Harassment: Riggins v. Town of Berlin

Date: Jun 14, 2024
Imputing Employer Liability for Third-Party Harassment: Riggins v. Town of Berlin Introduction Hellyn Riggins, a long-serving Town Planner and Director of Development Services for the Town of Berlin,...
Costin v. Glens Falls Hospital: Second Circuit Clarifies ADA and Rehabilitation Act Standards for Discrimination Based on Substance-Abuse Disorder

Costin v. Glens Falls Hospital: Second Circuit Clarifies ADA and Rehabilitation Act Standards for Discrimination Based on Substance-Abuse Disorder

Date: Jun 13, 2024
Costin v. Glens Falls Hospital: Second Circuit Clarifies ADA and Rehabilitation Act Standards for Discrimination Based on Substance-Abuse Disorder Introduction In the landmark case of Nicole Costin,...
United States v. Fernandez: Establishing Limits on Compassionate Release Motions

United States v. Fernandez: Establishing Limits on Compassionate Release Motions

Date: Jun 12, 2024
United States v. Fernandez: Establishing Limits on Compassionate Release Motions Introduction In the landmark case of United States of America v. Joe Fernandez, decided by the United States Court of...
Link Motion Inc. v. DLA Piper LLP: Defining the Boundaries of Federal Jurisdiction in Legal Malpractice Claims

Link Motion Inc. v. DLA Piper LLP: Defining the Boundaries of Federal Jurisdiction in Legal Malpractice Claims

Date: Jun 11, 2024
Link Motion Inc. v. DLA Piper LLP: Defining the Boundaries of Federal Jurisdiction in Legal Malpractice Claims Introduction The case of Link Motion Inc. v. DLA Piper LLP (US) serves as a pivotal...
Second Circuit Affirms 'Similar To' Standard in Sentencing Guidelines: United States v. Washington

Second Circuit Affirms 'Similar To' Standard in Sentencing Guidelines: United States v. Washington

Date: Jun 11, 2024
Second Circuit Affirms 'Similar To' Standard in Sentencing Guidelines: United States v. Washington Introduction In United States of America v. Brandon Washington, a.k.a. Goldie, 103 F.4th 917 (2d...
Affirming ADA Compliance Standards for Public Transportation: Insights from Travis Woods v. Centro of Oneida

Affirming ADA Compliance Standards for Public Transportation: Insights from Travis Woods v. Centro of Oneida

Date: Jun 11, 2024
Affirming ADA Compliance Standards for Public Transportation: Insights from Travis Woods v. Centro of Oneida Introduction In the case of Travis Woods v. Centro of Oneida, Inc., the United States...
Second Circuit Reinforces Strict Standards for Securities Fraud Claims in Go-Private Transactions

Second Circuit Reinforces Strict Standards for Securities Fraud Claims in Go-Private Transactions

Date: Jun 11, 2024
Second Circuit Reinforces Strict Standards for Securities Fraud Claims in Go-Private Transactions Introduction The case of Maso Capital Investments Limited et al v. E-House (China) Holdings Limited...
Affirmation of Due Process in Eyewitness Identification and Brady Obligations: Marquez v. Barrone

Affirmation of Due Process in Eyewitness Identification and Brady Obligations: Marquez v. Barrone

Date: Jun 5, 2024
Affirmation of Due Process in Eyewitness Identification and Brady Obligations: Marquez v. Barrone Introduction Julian Marquez v. C Barrone is a pivotal case adjudicated by the United States Court of...
Affirmation of Summary Judgment in Carter v. TD Bank: Implications for Employment Discrimination Law

Affirmation of Summary Judgment in Carter v. TD Bank: Implications for Employment Discrimination Law

Date: Jun 5, 2024
Affirmation of Summary Judgment in Carter v. TD Bank: Implications for Employment Discrimination Law Introduction In the case of Steven Carter v. TD Bank, N.A., the United States Court of Appeals for...
Employment Vaccine Mandates and ADA Discrimination: Roman Sharikov v. Philips Medical Systems MR, Inc.

Employment Vaccine Mandates and ADA Discrimination: Roman Sharikov v. Philips Medical Systems MR, Inc.

Date: Jun 5, 2024
Employment Vaccine Mandates and ADA Discrimination: Roman Sharikov v. Philips Medical Systems MR, Inc. Introduction In the case of Roman Sharikov v. Philips Medical Systems MR, Inc., the United...
Second Circuit Determines N.J. Stat. § 2C:35-7 Does Not Constitute an Aggravated Felony Under 8 U.S.C. § 1101(a)(43)(B)

Second Circuit Determines N.J. Stat. § 2C:35-7 Does Not Constitute an Aggravated Felony Under 8 U.S.C. § 1101(a)(43)(B)

Date: Jun 1, 2024
Second Circuit Determines N.J. Stat. § 2C:35-7 Does Not Constitute an Aggravated Felony Under 8 U.S.C. § 1101(a)(43)(B) Introduction The case of Aleksandra Malgorzata Stankiewicz v. Merrick B....
Second Circuit Establishes Due Process Protections for Prolonged Immigration Detention

Second Circuit Establishes Due Process Protections for Prolonged Immigration Detention

Date: Jun 1, 2024
Second Circuit Establishes Due Process Protections for Prolonged Immigration Detention Introduction In the landmark case of Carol Williams Black v. Director Thomas Decker, the United States Court of...
Second Circuit Vacates Summary Judgment in First Amendment Retaliation Case: Implications for §1983 Claims

Second Circuit Vacates Summary Judgment in First Amendment Retaliation Case: Implications for §1983 Claims

Date: May 31, 2024
Second Circuit Vacates Summary Judgment in First Amendment Retaliation Case: Implications for §1983 Claims Introduction In the case of Chamma K. Brandon v. Tasbirul M. Alam, the United States Court...
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