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  • Commentaries
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2d Circuit Case Commentaries

Forfeiture of Untimely Arguments and Enforceability of Informal Subcontract Modifications: Insights from E & T Skyline Constr. v. Talisman Casualty Ins. Co.

Forfeiture of Untimely Arguments and Enforceability of Informal Subcontract Modifications: Insights from E & T Skyline Constr. v. Talisman Casualty Ins. Co.

Date: Jan 19, 2025
Forfeiture of Untimely Arguments and Enforceability of Informal Subcontract Modifications: Insights from E & T Skyline Construction, LLC v. Talisman Casualty Insurance Company, LLC Introduction The...
Affirmation of Sentence Reduction Denial Based on 18 U.S.C. § 3553(a) Factors

Affirmation of Sentence Reduction Denial Based on 18 U.S.C. § 3553(a) Factors

Date: Jan 19, 2025
Affirmation of Sentence Reduction Denial Based on 18 U.S.C. § 3553(a) Factors Introduction In the case of United States of America v. Calvin Johnson, the United States Court of Appeals for the Second...
Second Circuit Upholds Res Judicata and Standing Limitations in Bankruptcy Appeals: Hyatt v. Wilmington Savings Fund Society

Second Circuit Upholds Res Judicata and Standing Limitations in Bankruptcy Appeals: Hyatt v. Wilmington Savings Fund Society

Date: Jan 19, 2025
Second Circuit Upholds Res Judicata and Standing Limitations in Bankruptcy Appeals: Hyatt v. Wilmington Savings Fund Society Introduction In the matter of In Re: Alexander H. Hyatt, Debtor v....
Clarifying the Scope of "Extraordinary and Compelling Reasons" for Compassionate Release: United States v. Castillo

Clarifying the Scope of "Extraordinary and Compelling Reasons" for Compassionate Release: United States v. Castillo

Date: Jan 19, 2025
Clarifying the Scope of "Extraordinary and Compelling Reasons" for Compassionate Release: United States v. Castillo Introduction The case of United States of America v. Frank Smith Castillo presents...
Windward Bora LLC v. Karrim Mohamed: Affirming Standing and Notice Compliance in New York Foreclosure Proceedings

Windward Bora LLC v. Karrim Mohamed: Affirming Standing and Notice Compliance in New York Foreclosure Proceedings

Date: Jan 17, 2025
Windward Bora LLC v. Karrim Mohamed: Affirming Standing and Notice Compliance in New York Foreclosure Proceedings Introduction The case of Windward Bora LLC v. Karrim Mohamed addresses critical...
Second Circuit Dismisses Qualified Immunity Appeal in Excessive Force Case Due to Factual Disputes

Second Circuit Dismisses Qualified Immunity Appeal in Excessive Force Case Due to Factual Disputes

Date: Jan 17, 2025
Second Circuit Dismisses Qualified Immunity Appeal in Excessive Force Case Due to Factual Disputes Introduction The case of Sherene Fagon, Administrator of the Estate of Zoe Dowdell,...
Second Circuit Affirms Dismissal of §1983 Equal Protection and First Amendment Claims: LeClair vs Olech Standards

Second Circuit Affirms Dismissal of §1983 Equal Protection and First Amendment Claims: LeClair vs Olech Standards

Date: Jan 17, 2025
Second Circuit Affirms Dismissal of §1983 Equal Protection and First Amendment Claims: LeClair vs Olech Standards Introduction The case of David P. Demarest v. Town of Underhill presents a critical...
Affirmation of Summary Judgment in Involuntary Commitment Case: Accardi v. County of Suffolk

Affirmation of Summary Judgment in Involuntary Commitment Case: Accardi v. County of Suffolk

Date: Jan 17, 2025
Affirmation of Summary Judgment in Involuntary Commitment Case: Accardi v. County of Suffolk Introduction The case of James K. Accardi v. County of Suffolk, Suffolk County Police Department,...
Enforceability of Appellate Waivers in Plea Agreements: Insights from United States of America v. Rodriguez

Enforceability of Appellate Waivers in Plea Agreements: Insights from United States of America v. Rodriguez

Date: Jan 15, 2025
Enforceability of Appellate Waivers in Plea Agreements: Insights from United States of America v. Rodriguez Introduction The case United States of America v. Pablo Renato Rodriguez (23-7347-cr)...
Second Circuit Affirms Vimeo’s Entitlement to DMCA Safe Harbor under Section 512(c)

Second Circuit Affirms Vimeo’s Entitlement to DMCA Safe Harbor under Section 512(c)

Date: Jan 15, 2025
Second Circuit Affirms Vimeo’s Entitlement to DMCA Safe Harbor under Section 512(c) Introduction In the case of CAPITOL RECORDS, LLC et al. v. VIMEO, INC. et al., the United States Court of Appeals...
Pearson v. Gesner: Defining Boundaries on Extraneous Evidence in §1983 Excessive Force Claims

Pearson v. Gesner: Defining Boundaries on Extraneous Evidence in §1983 Excessive Force Claims

Date: Jan 15, 2025
Pearson v. Gesner: Defining Boundaries on Extraneous Evidence in §1983 Excessive Force Claims Introduction In the case of Robert Pearson Jr. v. Sergeant Gesner et al., the United States Court of...
Mallet v. New York State Department of Corrections: Redefining the Accrual of Eighth Amendment Claims

Mallet v. New York State Department of Corrections: Redefining the Accrual of Eighth Amendment Claims

Date: Jan 15, 2025
Mallet v. New York State Department of Corrections: Redefining the Accrual of Eighth Amendment Claims Introduction The case of Antonio Mallet v. New York State Department of Corrections and Community...
Affirmation of Deliberate Indifference in Municipal Supervision: Astacio v. City of New York

Affirmation of Deliberate Indifference in Municipal Supervision: Astacio v. City of New York

Date: Jan 15, 2025
Affirmation of Deliberate Indifference in Municipal Supervision: Astacio v. City of New York Introduction The case of Dolores Astacio, Kinetta Berry, Peterlynn James, Adrian Salas, individually and...
Affirmation of Absolute Judicial Immunity in Trademark Infringement Claims: Dieujuste v. Sin & Kearse

Affirmation of Absolute Judicial Immunity in Trademark Infringement Claims: Dieujuste v. Sin & Kearse

Date: Jan 14, 2025
Affirmation of Absolute Judicial Immunity in Trademark Infringement Claims: Dieujuste v. Sin & Kearse Introduction In the landmark case of Junior-Tony Dieujuste, Plaintiff-Appellant, v. Jessica Sin,...
Affirmation of Non-Misleading Labeling Practices Under New York GBL §§ 349 and 350

Affirmation of Non-Misleading Labeling Practices Under New York GBL §§ 349 and 350

Date: Jan 14, 2025
Affirmation of Non-Misleading Labeling Practices Under New York GBL §§ 349 and 350 Introduction The case of Larissa Bates v. Abbott Laboratories addresses critical issues surrounding false and...
Second Circuit Upholds Adverse Credibility Determinations in Asylum Cases: Kumar v. Garland

Second Circuit Upholds Adverse Credibility Determinations in Asylum Cases: Kumar v. Garland

Date: Jan 14, 2025
Second Circuit Upholds Adverse Credibility Determinations in Asylum Cases: Kumar v. Garland Introduction In the case of Sunil Kumar v. Merrick B. Garland, United States Attorney General, the United...
Enforcing Timely and Exhaustive Administrative Remedies: Second Circuit's Decision in Pineda-Aguilar v. Garland

Enforcing Timely and Exhaustive Administrative Remedies: Second Circuit's Decision in Pineda-Aguilar v. Garland

Date: Jan 14, 2025
Enforcing Timely and Exhaustive Administrative Remedies: Second Circuit's Decision in Pineda-Aguilar v. Garland Introduction In the case of Ruben Eliseo Pineda-Aguilar v. Merrick B. Garland, the...
Second Circuit Establishes Distinction in Standing Standards Between Preliminary Injunctions and Case Dismissals

Second Circuit Establishes Distinction in Standing Standards Between Preliminary Injunctions and Case Dismissals

Date: Jan 14, 2025
Second Circuit Establishes Distinction in Standing Standards Between Preliminary Injunctions and Case Dismissals Introduction In the landmark case of Do No Harm v. Pfizer Inc., the United States...
Affirmation of Fiduciary Duty Standards in ERISA Plan Administration

Affirmation of Fiduciary Duty Standards in ERISA Plan Administration

Date: Jan 13, 2025
Affirmation of Fiduciary Duty Standards in ERISA Plan Administration Introduction In the case of Sheila A. Boyette and Tiffany Jiminez v. Montefiore Medical Center et al., the United States Court of...
Affirmation of Summary Judgment in Curto v. Erie County Water Authority: Establishing Standards for Procedural Due Process in Utility Disconnections

Affirmation of Summary Judgment in Curto v. Erie County Water Authority: Establishing Standards for Procedural Due Process in Utility Disconnections

Date: Jan 13, 2025
Affirmation of Summary Judgment in Curto v. Erie County Water Authority: Establishing Standards for Procedural Due Process in Utility Disconnections Introduction In Patricia J. Curto v. Erie County...
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