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  • Commentaries
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2d Circuit Case Commentaries

Affirmation of RSL and HSTPA Compliance with Constitutional Provisions

Affirmation of RSL and HSTPA Compliance with Constitutional Provisions

Date: Mar 14, 2024
Affirmation of RSL and HSTPA Compliance with Constitutional Provisions Introduction The case of Building and Realty Institute of Westchester and Putnam Counties, Inc., et al. v. State of New York...
Southold Decision: Upholding Public Use Takings without Scrutiny of Pretextual Motives

Southold Decision: Upholding Public Use Takings without Scrutiny of Pretextual Motives

Date: Mar 14, 2024
Southold Decision: Upholding Public Use Takings without Scrutiny of Pretextual Motives Introduction In the case of Ben Brinkmann, Hank Brinkmann, Mattituck 12500 LLC. v. Town of Southold, New York...
Second Circuit Upholds Right Not to Arbitrate Permanent Layoffs Under Employment Agreements

Second Circuit Upholds Right Not to Arbitrate Permanent Layoffs Under Employment Agreements

Date: Mar 14, 2024
Second Circuit Upholds Right Not to Arbitrate Permanent Layoffs Under Employment Agreements Introduction In the case of Selena Staley et al. v. Hotel 57 Services, LLC et al., the United States Court...
Appellate Jurisdiction in Small Tax Cases Under 26 U.S.C. §7463(b): An Analysis of Foley v. Commissioner

Appellate Jurisdiction in Small Tax Cases Under 26 U.S.C. §7463(b): An Analysis of Foley v. Commissioner

Date: Mar 14, 2024
Appellate Jurisdiction in Small Tax Cases Under 26 U.S.C. §7463(b): An Analysis of Foley v. Commissioner Introduction In Joseph William Foley, Petitioner-Appellant, v. Commissioner of Internal...
Second Circuit Clarifies Rule 15(a) Authority and Upholds Rule 60(b) Standards in Denying Vacatur of Default Judgment

Second Circuit Clarifies Rule 15(a) Authority and Upholds Rule 60(b) Standards in Denying Vacatur of Default Judgment

Date: Mar 13, 2024
Second Circuit Clarifies Rule 15(a) Authority and Upholds Rule 60(b) Standards in Denying Vacatur of Default Judgment Introduction In the appellate case In re: Orion HealthCorp, Inc. Debtors, the...
Clarifying Willfulness Under the Anti-Kickback Statute: Hart v. McKesson Decision

Clarifying Willfulness Under the Anti-Kickback Statute: Hart v. McKesson Decision

Date: Mar 13, 2024
Clarifying Willfulness Under the Anti-Kickback Statute: Hart v. McKesson Decision Introduction In the case of United States of America, et al., ex rel. Adam Hart v. McKesson Corporation, decided by...
Affirmation of AEDPA's Rigorous Standards on Freestanding Actual Innocence Claims

Affirmation of AEDPA's Rigorous Standards on Freestanding Actual Innocence Claims

Date: Mar 13, 2024
Affirmation of AEDPA's Rigorous Standards on Freestanding Actual Innocence Claims Introduction In the case of Rafael Jimenez v. Tina M. Stanford, adjudicated by the United States Court of Appeals for...
Summary Judgment Affirmed in Race Discrimination Case: Clawson v. Albany Fire Department

Summary Judgment Affirmed in Race Discrimination Case: Clawson v. Albany Fire Department

Date: Mar 12, 2024
Summary Judgment Affirmed in Race Discrimination Case: Clawson v. Albany Fire Department Introduction In the case of Jeremy Clawson v. The City of Albany Department of Fire & Emergency, the United...
Interpretation of "Conviction" under INA: Wong v. Garland Establishes "Minimum Constitutional Protections" Test

Interpretation of "Conviction" under INA: Wong v. Garland Establishes "Minimum Constitutional Protections" Test

Date: Mar 12, 2024
Interpretation of "Conviction" under INA: Wong v. Garland Establishes "Minimum Constitutional Protections" Test Introduction In the landmark case Kwok Sum Wong v. Merrick B. Garland, 95 F.4th 82 (2d...
Second Circuit Affirms Denial of §1782 Discovery: Reinforcing the "For Use" Standard

Second Circuit Affirms Denial of §1782 Discovery: Reinforcing the "For Use" Standard

Date: Mar 12, 2024
Second Circuit Affirms Denial of §1782 Discovery: Reinforcing the "For Use" Standard Introduction The case of In re: Application of Bonsens.org for an Order Pursuant to 28 U.S.C. § 1782 v. Pfizer...
Affirmation of Admissibility of Prior Criminal Conduct in Conspiracy Charges and Jury Instruction on Drug Weight in Reverse-Sting Operations

Affirmation of Admissibility of Prior Criminal Conduct in Conspiracy Charges and Jury Instruction on Drug Weight in Reverse-Sting Operations

Date: Mar 10, 2024
Affirmation of Admissibility of Prior Criminal Conduct in Conspiracy Charges and Jury Instruction on Drug Weight in Reverse-Sting Operations Introduction In the case of United States of America v....
Second Circuit Establishes Explicit Quid Pro Quo Standard for Campaign Contribution Bribery

Second Circuit Establishes Explicit Quid Pro Quo Standard for Campaign Contribution Bribery

Date: Mar 9, 2024
Second Circuit Establishes Explicit Quid Pro Quo Standard for Campaign Contribution Bribery Introduction In United States of America v. Brian Benjamin, 95 F.4th 60 (2d Cir. 2024), the United States...
Extraterritorial Application of U.S. Securities Laws in Binance Token Sales

Extraterritorial Application of U.S. Securities Laws in Binance Token Sales

Date: Mar 9, 2024
Extraterritorial Application of U.S. Securities Laws in Binance Token Sales Introduction The appellate case of Chase Williams v. Binance et al. addresses significant issues surrounding the...
Second Circuit Upholds Aggravated Identity Theft Conviction in Avenatti Case Following Dubin v. United States

Second Circuit Upholds Aggravated Identity Theft Conviction in Avenatti Case Following Dubin v. United States

Date: Mar 7, 2024
Second Circuit Upholds Aggravated Identity Theft Conviction in Avenatti Case Following Dubin v. United States Introduction In the appellate case United States of America v. Michael Avenatti, decided...
Requiring Named Members for Associational Standing: Insights from Do No Harm v. Pfizer Inc.

Requiring Named Members for Associational Standing: Insights from Do No Harm v. Pfizer Inc.

Date: Mar 7, 2024
Requiring Named Members for Associational Standing: Insights from Do No Harm v. Pfizer Inc. Introduction In the landmark case of Do No Harm, Plaintiff-Appellant, v. Pfizer Inc., Defendant-Appellee...
Defining Voluntariness of Guilty Pleas: Upholding Rule 11 in United States v. Delvalle

Defining Voluntariness of Guilty Pleas: Upholding Rule 11 in United States v. Delvalle

Date: Mar 6, 2024
Defining Voluntariness of Guilty Pleas: Upholding Rule 11 in United States v. Delvalle Introduction In United States of America v. Kevin Delvalle, 94 F.4th 262 (2024), the United States Court of...
Second Circuit Upholds Denial of § 1782 Discovery Requests: Emphasizing Intel Factors

Second Circuit Upholds Denial of § 1782 Discovery Requests: Emphasizing Intel Factors

Date: Mar 5, 2024
Second Circuit Upholds Denial of § 1782 Discovery Requests: Emphasizing Intel Factors Introduction The case of Frasers Group PLC v. Morgan Stanley, James Gorman (95 F.4th 54) revolves around Frasers...
Ngono v. Owono: Clarifying the Standards for Trafficking Victims Protection Act Claims

Ngono v. Owono: Clarifying the Standards for Trafficking Victims Protection Act Claims

Date: Mar 5, 2024
Ngono v. Owono: Clarifying the Standards for Trafficking Victims Protection Act Claims Introduction The case of Andre Marie Ngono v. Luc Owono adjudicated by the United States Court of Appeals for...
Substantial Evidence Upholds Social Security Disability Denial in Gauda v. Commissioner

Substantial Evidence Upholds Social Security Disability Denial in Gauda v. Commissioner

Date: Mar 2, 2024
Substantial Evidence Upholds Social Security Disability Denial in Gauda v. Commissioner Introduction In the case of Justine Gauda v. Commissioner of Social Security, the United States Court of...
Honickman v. Blom Bank SAL: Establishing a Balanced Approach to Post-Judgment Motions Under Rule 60(b)(6) and Rule 15(a)

Honickman v. Blom Bank SAL: Establishing a Balanced Approach to Post-Judgment Motions Under Rule 60(b)(6) and Rule 15(a)

Date: Mar 1, 2024
Honickman v. Blom Bank SAL: Establishing a Balanced Approach to Post-Judgment Motions Under Rule 60(b)(6) and Rule 15(a) Introduction In the landmark case Honickman, Individually and for the Estate...
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