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  • Commentaries
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2d Circuit Case Commentaries

Affirmation of Summary Dismissal in Fitzsimons v. NYC District Council of Carpenters: Key Takeaways on ERISA Administrative Remedies and LMRDA Claims

Affirmation of Summary Dismissal in Fitzsimons v. NYC District Council of Carpenters: Key Takeaways on ERISA Administrative Remedies and LMRDA Claims

Date: Jan 23, 2024
Affirmation of Summary Dismissal in Fitzsimons v. NYC District Council of Carpenters: Key Takeaways on ERISA Administrative Remedies and LMRDA Claims Introduction In the case of Peter Fitzsimons et...
Second Circuit Limits Primary Jurisdiction Doctrine Amid FDA Delays in Baby Food Contamination Case

Second Circuit Limits Primary Jurisdiction Doctrine Amid FDA Delays in Baby Food Contamination Case

Date: Jan 19, 2024
Second Circuit Limits Primary Jurisdiction Doctrine Amid FDA Delays in Baby Food Contamination Case Introduction In the landmark case of Jordan White et al. v. Beech-Nut Nutrition Company, the United...
Second Circuit Reinforces Strict Adherence to Statute of Limitations in RICO Claims: Garrasi v. Wells Fargo Bank

Second Circuit Reinforces Strict Adherence to Statute of Limitations in RICO Claims: Garrasi v. Wells Fargo Bank

Date: Jan 19, 2024
Second Circuit Reinforces Strict Adherence to Statute of Limitations in RICO Claims: Garrasi v. Wells Fargo Bank Introduction In the landmark case of Robert Garrasi v. Wells Fargo Bank, N.A., the...
JLM Couture, Inc. v. Gutman: Redefining Social Media Account Ownership and Enforceability of Noncompete Clauses

JLM Couture, Inc. v. Gutman: Redefining Social Media Account Ownership and Enforceability of Noncompete Clauses

Date: Jan 18, 2024
JLM Couture, Inc. v. Gutman: Redefining Social Media Account Ownership and Enforceability of Noncompete Clauses Introduction The case of JLM Couture, Inc. v. Hayley Paige Gutman, adjudicated by the...
Affirmation of Statute of Limitations in Civil RICO and § 1983 Claims: Ojeda v. Mendez et al.

Affirmation of Statute of Limitations in Civil RICO and § 1983 Claims: Ojeda v. Mendez et al.

Date: Jan 18, 2024
Affirmation of Statute of Limitations in Civil RICO and § 1983 Claims: Ojeda v. Mendez et al. Introduction In the case of Michael Angelo Ojeda and Carmen Rosa Torres Ojeda v. Alfonso Mendez et al.,...
Affirmation of Summary Judgment in TransPerfect v. Lionbridge: Implications for DTSA Claims

Affirmation of Summary Judgment in TransPerfect v. Lionbridge: Implications for DTSA Claims

Date: Jan 18, 2024
Affirmation of Summary Judgment in TransPerfect v. Lionbridge: Implications for DTSA Claims Introduction The case of TransPerfect Global, Inc. v. Lionbridge Technologies, Inc., H.I.G. Middle Market,...
Second Circuit Reinforces Standards for Charge Joinder and Admissibility of Related Evidence in Armed Robbery and Conspiracy Cases

Second Circuit Reinforces Standards for Charge Joinder and Admissibility of Related Evidence in Armed Robbery and Conspiracy Cases

Date: Jan 18, 2024
Second Circuit Reinforces Standards for Charge Joinder and Admissibility of Related Evidence in Armed Robbery and Conspiracy Cases Introduction In the case of United States of America v. Kasheen...
Protected Activity Under the False Claims Act: Insights from Pilat v. Amedisys, Inc.

Protected Activity Under the False Claims Act: Insights from Pilat v. Amedisys, Inc.

Date: Jan 18, 2024
Protected Activity Under the False Claims Act: Insights from Pilat v. Amedisys, Inc. Introduction In the landmark case of Pilat, Maniscalco, United States of America ex rel. Pilat, Maniscalco v....
Reaffirming Standing and Notice Compliance in Foreclosure Actions: Nationstar Mortgage v. Esther Hunte

Reaffirming Standing and Notice Compliance in Foreclosure Actions: Nationstar Mortgage v. Esther Hunte

Date: Jan 17, 2024
Reaffirming Standing and Notice Compliance in Foreclosure Actions: Nationstar Mortgage v. Esther Hunte Introduction In the case of Nationstar Mortgage, LLC, Plaintiff-Appellee, v. Esther Hunte,...
Trade Dress Protection and Unfair Competition: Insights from APP Group v. Rudsak USA

Trade Dress Protection and Unfair Competition: Insights from APP Group v. Rudsak USA

Date: Jan 10, 2024
Trade Dress Protection and Unfair Competition: Insights from APP Group v. Rudsak USA Introduction The case of APP Group (Canada) Inc., DBA Mackage v. Rudsak USA Inc. was adjudicated by the United...
Hyperbolic Online Insults as Non-Actionable Opinions: Second Circuit Affirms Defamation Summary Judgment

Hyperbolic Online Insults as Non-Actionable Opinions: Second Circuit Affirms Defamation Summary Judgment

Date: Jan 10, 2024
Hyperbolic Online Insults as Non-Actionable Opinions: Second Circuit Affirms Defamation Summary Judgment Introduction In the case of Michael Rapaport v. Barstool Sports Inc., decided by the United...
Affirmation of ALJ’s Residual Functional Capacity Determination Under SSA: Spottswood v. Kijakazi

Affirmation of ALJ’s Residual Functional Capacity Determination Under SSA: Spottswood v. Kijakazi

Date: Jan 10, 2024
Affirmation of ALJ’s Residual Functional Capacity Determination Under SSA: Spottswood v. Kijakazi Introduction The case of Melissa Spottswood v. Kilolo Kijakazi addresses the critical issue of...
Second Circuit Upholds NYC's Wrongful Discharge Law: Compatibility with NLRA and Dormant Commerce Clause

Second Circuit Upholds NYC's Wrongful Discharge Law: Compatibility with NLRA and Dormant Commerce Clause

Date: Jan 6, 2024
Second Circuit Upholds NYC's Wrongful Discharge Law: Compatibility with NLRA and Dormant Commerce Clause Introduction The case of Restaurant Law Center, New York State Restaurant Association v. City...
Affirmation of Trustee’s Recovery in Madoff Liquidation: Establishing Criteria for Transfer of Debtor’s Property

Affirmation of Trustee’s Recovery in Madoff Liquidation: Establishing Criteria for Transfer of Debtor’s Property

Date: Jan 5, 2024
Affirmation of Trustee’s Recovery in Madoff Liquidation: Establishing Criteria for Transfer of Debtor’s Property Introduction The case of In re: Bernard L. Madoff Investment Securities LLC, Debtor v....
Article 6-F Upholds Surcharge on Noncash Tips for Black Car Services: Insights from Kasiotis v. NY Black Car Operators' Injury Compensation Fund

Article 6-F Upholds Surcharge on Noncash Tips for Black Car Services: Insights from Kasiotis v. NY Black Car Operators' Injury Compensation Fund

Date: Jan 3, 2024
Article 6-F Upholds Surcharge on Noncash Tips for Black Car Services: Insights from Kasiotis v. NY Black Car Operators' Injury Compensation Fund Introduction The case of Kasiotis v. New York Black...
Limitations on Extending Bivens: Analysis of Cohen v. Trump and Implications for Constitutional Claims Against High-Level Officials

Limitations on Extending Bivens: Analysis of Cohen v. Trump and Implications for Constitutional Claims Against High-Level Officials

Date: Jan 3, 2024
Limitations on Extending Bivens: Analysis of Cohen v. Trump and Implications for Constitutional Claims Against High-Level Officials Introduction The case of Michael D. Cohen v. Donald J. Trump et...
Denial of Equitable Tolling in Civil Rights Action: Veronica-May Clark v. Hanley et al.

Denial of Equitable Tolling in Civil Rights Action: Veronica-May Clark v. Hanley et al.

Date: Dec 21, 2023
Denial of Equitable Tolling in Civil Rights Action: Veronica-May Clark v. Hanley et al. Introduction In the landmark case of Veronica-May Clark v. Thomas Hanley, Kevin Manley, Peter Murphy, Kimberly...
Reaffirming Article III Standing in Title IX Litigation: Insights from Soule v. Connecticut Association of Schools

Reaffirming Article III Standing in Title IX Litigation: Insights from Soule v. Connecticut Association of Schools

Date: Dec 16, 2023
Reaffirming Article III Standing in Title IX Litigation: Insights from Soule v. Connecticut Association of Schools Introduction The case of Selina Soule et al. v. Connecticut Association of Schools,...
Second Circuit Affirms Enforceability of Discretionary Rate-Setting Clauses in Energy Supply Contracts

Second Circuit Affirms Enforceability of Discretionary Rate-Setting Clauses in Energy Supply Contracts

Date: Dec 14, 2023
Second Circuit Affirms Enforceability of Discretionary Rate-Setting Clauses in Energy Supply Contracts Introduction In the case of Antonio Martinez, Executor of the Estate of Naomi Gonzales v. Agway...
Second Circuit Upholds Key Provisions of New York’s Concealed Carry Improvement Act Consistent with Bruen

Second Circuit Upholds Key Provisions of New York’s Concealed Carry Improvement Act Consistent with Bruen

Date: Dec 9, 2023
Second Circuit Upholds Key Provisions of New York’s Concealed Carry Improvement Act Consistent with Bruen Introduction The case of Ivan Antonyuk, Corey Johnson, Alfred Terrille, Joseph Mann, Leslie...
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