2d Circuit Case Commentaries

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...

Second Circuit Rules State-Level Narcotics Convictions Do Not Qualify as Predicate Offenses for Career Offender Enhancement

Date: Dec 8, 2023

Second Circuit Rules State-Level Narcotics Convictions Do Not Qualify as Predicate Offenses for Career Offender Enhancement Introduction In the case of United States of America v. Robert J. Chaires...

Affirmation of Summary Judgment in Robert Lee v. Grocery Haulers, Inc.: Clarifying Burden-Shifting in Discrimination and Retaliation Claims

Date: Nov 30, 2023

Affirmation of Summary Judgment in Robert Lee v. Grocery Haulers, Inc.: Clarifying Burden-Shifting in Discrimination and Retaliation Claims Introduction The case of Robert Lee, Plaintiff-Appellant,...

Second Circuit Establishes Sincere Burden Standard for Prisoner Free Exercise Claims under §1983

Date: Nov 28, 2023

Second Circuit Establishes Sincere Burden Standard for Prisoner Free Exercise Claims under §1983 Introduction In Kravitz v. Purcell, 87 F.4th 111 (2d Cir. 2023), the United States Court of Appeals...

Second Circuit Allows Former Inmate to Pursue Post-Release First Amendment Claims in §1983 Action

Date: Nov 22, 2023

Second Circuit Allows Former Inmate to Pursue Post-Release First Amendment Claims in §1983 Action Introduction In the landmark decision of Dontie S. Mitchell v. Various Defendants, the United States...

Wiggins v. Griffin: Establishing Accountability for Deliberate Indifference in Religious Rights of Incarcerated Individuals

Date: Nov 21, 2023

Wiggins v. Griffin: Establishing Accountability for Deliberate Indifference in Religious Rights of Incarcerated Individuals Introduction Wiggins v. Griffin is a landmark decision by the United States...

Expanded In Forma Pauperis Standards for Incarcerated Litigants and Dependents in Rosa v. Doe

Date: Nov 21, 2023

Expanded In Forma Pauperis Standards for Incarcerated Litigants and Dependents in Rosa v. Doe, 86 F.4th 1001 Introduction In the landmark case Alexander Rosa v. John Doe et al., decided by the United...

Second Circuit Clarifies Equitable Limitations on SEC's Disgorgement Remedy in SEC v. Govil

Date: Nov 1, 2023

Second Circuit Clarifies Equitable Limitations on SEC's Disgorgement Remedy in SEC v. Govil Introduction In the landmark case Securities and Exchange Commission v. Aron Govil, adjudicated by the...

COVID-19 Does Not Constitute Direct Physical Damage Under New York Insurance Law: Second Circuit Affirms

Date: Oct 11, 2023

COVID-19 Does Not Constitute Direct Physical Damage Under New York Insurance Law: Second Circuit Affirms Introduction The case of Stetson Real Estate, LLC v. Sentinel Insurance Company, Limited...

Murphy v. Hughson: Reaffirming Constitutional Protections Against Unjustified Strip Searches and Release Delays

Date: Sep 22, 2023

Murphy v. Hughson: Reaffirming Constitutional Protections Against Unjustified Strip Searches and Release Delays Introduction In the landmark case Christopher M. Murphy v. Andrew C. Hughson et al.,...

Affirmation of Above-Guidelines Sentence in Branden Davis Case: Insights on Procedural and Substantive Reasonableness in Sentencing

Date: Sep 22, 2023

Affirmation of Above-Guidelines Sentence in Branden Davis Case: Insights on Procedural and Substantive Reasonableness in Sentencing Introduction The case of United States of America v. Branden L....

Second Circuit Reinstates Hostile Work Environment and Retaliation Claims in Employment Discrimination Case: Banks v. GM

Date: Sep 8, 2023

Second Circuit Reinstates Hostile Work Environment and Retaliation Claims in Employment Discrimination Case: Banks v. GM Introduction In the landmark case of Billie R. Banks v. General Motors, LLC,...

Default Judgment and Fraudulent Transfers under CUFTA: Insights from Mirlis v. Greer

Date: Aug 31, 2023

Default Judgment and Fraudulent Transfers under CUFTA: Insights from Mirlis v. Greer Introduction Mirlis v. Greer, 80 F.4th 377 (2d Cir. 2023), is a pivotal case addressing the intersection of...

Affirmation of Bankruptcy Court's Inherent Authority to Impose Civil Contempt Sanctions: In Re Larisa Ivanovna Markus

Date: Aug 31, 2023

Affirmation of Bankruptcy Court's Inherent Authority to Impose Civil Contempt Sanctions: In Re Larisa Ivanovna Markus Introduction In Re: Larisa Ivanovna Markus, Debtor. v. Yuri Vladimirovich Rozhko...

Establishing Correct Standards for Sanctions on Counsel in Judicial Proceedings

Date: Aug 29, 2023

Establishing Correct Standards for Sanctions on Counsel in Judicial Proceedings Introduction The case of Derek Smith Law Group, PLLC, Daniel Altaras, Appellants, v. Montefiore Medical Center, Norman...

Employer Liability under FLSA for Required Overtime Regardless of Employee Requests

Date: Aug 26, 2023

Employer Liability under FLSA for Required Overtime Regardless of Employee Requests Introduction In the landmark case Chaz Perry, Wayne Askew, Brandan Bass, James Beddia, Frantz Bonneau, et al. v....

Second Circuit Establishes "Deviates Materially" Standard for FTCA Damages Under New York Law in Gonzalez v. USA

Date: Aug 25, 2023

Second Circuit Establishes "Deviates Materially" Standard for FTCA Damages Under New York Law in Gonzalez v. USA Introduction In the landmark case of Miriam Gonzalez v. United States of America,...

Establishing Article III Standing in Data Breach Cases: Bohnak v. Marsh & McLennan Companies, Inc.

Date: Aug 25, 2023

Establishing Article III Standing in Data Breach Cases: Bohnak v. Marsh & McLennan Companies, Inc. Introduction The case Nancy Bohnak v. Marsh & McLennan Companies, Inc. represents a significant...

New Precedence in Disability Accommodation and Retaliation Claims: Tafolla v. County of Suffolk

Date: Aug 19, 2023

New Precedence in Disability Accommodation and Retaliation Claims: Tafolla v. County of Suffolk Introduction The case of Kim L. Tafolla v. Edward Heilig, Division Chief, Joseph Carroll, County of...

Reevaluation of CAFA's Coupon Settlement Provisions: Insights from Moses v. The New York Times Company

Date: Aug 18, 2023

Reevaluation of CAFA's Coupon Settlement Provisions: Insights from Moses v. The New York Times Company Introduction In the landmark case of Maribel Moses v. The New York Times Company, the United...

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