2d Circuit Case Commentaries

Enforcement of Indemnification Clauses in Insurance Contracts: Ameriprise v. Audatex North America

Date: May 24, 2024

Enforcement of Indemnification Clauses in Insurance Contracts: Ameriprise v. Audatex North America Introduction The case of Ameriprise Captive Insurance Company versus Audatex North America, Inc....

Affirmation of District Court's Dismissal: Limits on Bivens Claims Against Federal Officials in Official Capacity

Date: May 24, 2024

Affirmation of District Court's Dismissal: Limits on Bivens Claims Against Federal Officials in Official Capacity Introduction In the recent case of MC Management of Rochester LLC et al. v. Joseph R....

Affirmation of Community Caretaking Doctrine in Fourth Amendment Impoundment Cases

Date: May 23, 2024

Affirmation of Community Caretaking Doctrine in Fourth Amendment Impoundment Cases Introduction In the case of Marvin E. Owens v. Fitzgerald et al., the United States Court of Appeals for the Second...

ERISA §502(a)(3) as Basis for Federal Jurisdiction in Arbitration Award Enforcement Post-Badgerow

Date: May 22, 2024

ERISA §502(a)(3) as Basis for Federal Jurisdiction in Arbitration Award Enforcement Post-Badgerow Introduction The case The Trustees of the New York State Nurses Association Pension Plan v. White Oak...

Ensuring Procedural Fairness for Pro Se Litigants in Summary Judgment Motions

Date: May 18, 2024

Ensuring Procedural Fairness for Pro Se Litigants in Summary Judgment Motions Introduction In the case of Ruthetta L. Alford v. NFTA-Metro, Robert W. Guise, adjudicated by the United States Court of...

Third-Country Return as a Temporary Ameliorative Measure under the Hague Convention: Tereshchenko v. Karimi

Date: May 17, 2024

Third-Country Return as a Temporary Ameliorative Measure under the Hague Convention: Tereshchenko v. Karimi Introduction The case of Roman Tereshchenko v. Yasamin Karimi (102 F.4th 111), adjudicated...

Second Circuit Clarifies Stash-House Enhancement and Organizer Role in Drug Trafficking Sentencing

Date: May 17, 2024

Second Circuit Clarifies Stash-House Enhancement and Organizer Role in Drug Trafficking Sentencing Introduction The Second Circuit Court of Appeals, in the case United States of America v. Adrian...

Affirmation of Sufficient Evidence and Deferential Standards in Appellate Review

Date: May 17, 2024

Affirmation of Sufficient Evidence and Deferential Standards in Appellate Review Introduction The case of United States of America v. Akmal Narzikulov involves the Defendant-Appellant, Akmal...

Second Circuit Sets New Precedent on Subpoena Scope in Section 10(j) NLRB Proceedings

Date: May 16, 2024

Second Circuit Sets New Precedent on Subpoena Scope in Section 10(j) NLRB Proceedings Introduction In the landmark case Linda M. Leslie v. Starbucks Corp., the United States Court of Appeals for the...

Clarifying Sentencing Under 18 U.S.C. §924(c) and §924(j): United States v. Barrett Sets New Precedent

Date: May 16, 2024

Clarifying Sentencing Under 18 U.S.C. §924(c) and §924(j): United States v. Barrett Sets New Precedent Introduction The case of United States of America v. Dwayne Barrett presents a significant...

Affirming SSI Denial: Standards for Evaluating Mental Health Disabilities under the Substantial Evidence Test in Porteus v. O'Malley

Date: May 16, 2024

Affirming SSI Denial: Standards for Evaluating Mental Health Disabilities under the Substantial Evidence Test in Porteus v. O'Malley Introduction David Porteus, the plaintiff-appellant, sought...

Affirmation of Summary Judgment and Clarification on Issue Preclusion in Article 78 Proceedings: Oliver v. New York State Police

Date: May 8, 2024

Affirmation of Summary Judgment and Clarification on Issue Preclusion in Article 78 Proceedings: Oliver v. New York State Police Introduction The case of Jean C. Oliver v. New York State Police...

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2d Circuit Case Commentaries

Enforcement of Indemnification Clauses in Insurance Contracts: Ameriprise v. Audatex North America

Affirmation of District Court's Dismissal: Limits on Bivens Claims Against Federal Officials in Official Capacity

Affirmation of Community Caretaking Doctrine in Fourth Amendment Impoundment Cases

ERISA §502(a)(3) as Basis for Federal Jurisdiction in Arbitration Award Enforcement Post-Badgerow

Ensuring Procedural Fairness for Pro Se Litigants in Summary Judgment Motions

Third-Country Return as a Temporary Ameliorative Measure under the Hague Convention: Tereshchenko v. Karimi

Second Circuit Clarifies Stash-House Enhancement and Organizer Role in Drug Trafficking Sentencing

Affirmation of Sufficient Evidence and Deferential Standards in Appellate Review

Second Circuit Sets New Precedent on Subpoena Scope in Section 10(j) NLRB Proceedings

Clarifying Sentencing Under 18 U.S.C. §924(c) and §924(j): United States v. Barrett Sets New Precedent

Affirming SSI Denial: Standards for Evaluating Mental Health Disabilities under the Substantial Evidence Test in Porteus v. O'Malley

Affirmation of Sovereign Immunity and Constraints on Constitutional Claims in Tax Enforcement: Futia v. United States

Second Circuit Upholds Younger Abstention and Eleventh Amendment Immunity in Medicaid Enforcement Proceedings

Strict Adherence to Copyright Registration Standards Reinforced in Nwosuocha v. Glover

Affirmation of Emotional Distress Damages Unavailability under ADA Title II: Jason Doherty v. Purchase College

Second Circuit Affirms TCPA Dismissal: Defining ATDS Post-Duguid

Affirmation of Citizenship Revocation Under 8 U.S.C. § 1451(a) in United States v. Whittingham

Second Circuit Affirms Dismissal of Frivolous Foreign Exchange Manipulation Claims

Affirmation of Oxycodone Distribution Conviction: United States v. Belfiore

Affirmation of Summary Judgment and Clarification on Issue Preclusion in Article 78 Proceedings: Oliver v. New York State Police

2d Circuit Case Commentaries

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