2d Circuit Case Commentaries

Qualified Immunity and Excessive Force: Insights from Moran v. Greco

Date: Apr 13, 2024

Qualified Immunity and Excessive Force: Insights from Moran v. Greco Introduction In the case of Robert Moran v. Andrew Greco et al., the United States Court of Appeals for the Second Circuit...

Affirmation of Dismissal for Failure to Timely Serve under Fed. R. Civ. P. 4(m): Insights from Fantozzi v. City of New York

Date: Apr 13, 2024

Affirmation of Dismissal for Failure to Timely Serve under Fed. R. Civ. P. 4(m): Insights from Fantozzi v. City of New York Introduction In the case of Stephen Joseph Fantozzi v. City of New York,...

Second Circuit Mandates Individualized Assessment and Clear Reasoning for Special Electronic Monitoring in Supervised Release

Date: Apr 13, 2024

Second Circuit Mandates Individualized Assessment and Clear Reasoning for Special Electronic Monitoring in Supervised Release Introduction In the landmark case of Jabran Syed, a/k/a DJAJWUFUNDK,...

Affirmation of Discretionary Standards for Compassionate Release under 18 U.S.C. §3582(c)(1)(A)

Date: Apr 13, 2024

Affirmation of Discretionary Standards for Compassionate Release under 18 U.S.C. §3582(c)(1)(A) Introduction The case United States of America v. Dexter Isaac [22-2758] presents a critical...

Affirmation of Conspiracy and Distribution Convictions through Co-conspirator Testimonies under Rule 801(d)(2)(E)

Date: Apr 12, 2024

Affirmation of Conspiracy and Distribution Convictions through Co-conspirator Testimonies under Rule 801(d)(2)(E) Introduction The case of United States of America v. Kareem Swinton presents a...

Affirmation of Conviction in Oxycodone Distribution Case: Establishing Subjective Intent in Medical Prescribing Practices

Date: Apr 9, 2024

Affirmation of Conviction in Oxycodone Distribution Case: Establishing Subjective Intent in Medical Prescribing Practices Introduction The case of United States of America v. Purificacion Cristobal...

Second Circuit Reconfigures 'Statutory Seller' Standard for Crypto Asset Platforms under the Securities Act

Date: Apr 6, 2024

Second Circuit Reconfigures 'Statutory Seller' Standard for Crypto Asset Platforms under the Securities Act Introduction In the landmark case Louis Oberlander et al. v. Coinbase Global Inc. et al.,...

Affirmation of Summary Judgment in Rouviere v. Stryker and Depuy: Statute of Limitations Enforced on Product Liability and Warranty Claims

Date: Apr 6, 2024

Affirmation of Summary Judgment in Rouviere v. Stryker and Depuy: Statute of Limitations Enforced on Product Liability and Warranty Claims Introduction The case of Jodi Rouviere, individually,...

Reinforcing Standing Requirements in Establishment Clause Challenges: Citizens United To Protect Our Neighborhoods v. Village of Chestnut Ridge

Date: Apr 6, 2024

Reinforcing Standing Requirements in Establishment Clause Challenges: Citizens United To Protect Our Neighborhoods v. Village of Chestnut Ridge Introduction In the landmark case Citizens United To...

Second Circuit Upholds Statutory Maximum in Serial Offender Case with Multiple Uncharged Conducts

Date: Apr 5, 2024

Second Circuit Upholds Statutory Maximum in Serial Offender Case with Multiple Uncharged Conducts Introduction The case of United States of America v. Karim Elkorany presents a significant...

Defining Contracting Carriers under the Montreal Convention: Insights from Indemnity Insurance Co. v. Unitrans International Corp.

Date: Apr 5, 2024

Defining Contracting Carriers under the Montreal Convention: Insights from Indemnity Insurance Co. v. Unitrans International Corp. Introduction The case of Indemnity Insurance Company of North...

Second Circuit Vacates Summary Judgment in Williams v. Buffalo Public Schools: Implications for Employment Contract Certifications

Date: Apr 5, 2024

Second Circuit Vacates Summary Judgment in Williams v. Buffalo Public Schools: Implications for Employment Contract Certifications Introduction In the landmark case of Williams v. Buffalo Public...

Second Circuit Affirms Sentencing, Clarifies Application of Post-Sentencing Guidelines Amendments

Date: Apr 3, 2024

Second Circuit Affirms Sentencing, Clarifies Application of Post-Sentencing Guidelines Amendments Introduction The United States Court of Appeals for the Second Circuit issued an unpublished opinion...

Presumption of Enforcement Threat in Pre-Enforcement Standing: Nastri v. Dykes

Date: Mar 30, 2024

Presumption of Enforcement Threat in Pre-Enforcement Standing: Nastri v. Dykes Introduction In the case of David J. Nastri v. Katie Dykes, decided by the United States Court of Appeals for the Second...

Denial of Asylum and CAT Relief Due to Failure in Establishing Immune Grounds

Date: Mar 30, 2024

Denial of Asylum and CAT Relief Due to Failure in Establishing Immune Grounds Introduction In the case of ADELA CANDELARIA BONILLA-HERNANDEZ v. MERRICK B. GARLAND, adjudicated by the United States...

Affirmation of Summary Judgment in Dorsey v. Gannon et al.: Implications for section 1983 Claims

Date: Mar 30, 2024

Affirmation of Summary Judgment in Dorsey v. Gannon et al.: Implications for section 1983 Claims Introduction The case of Classie M. Dorsey v. Vincent F. Gannon, James P. O'Neill, City of New York,...

Enforcement of Forum-Selection Clauses Under Federal Common Law: DarkPulse, Inc. v. FirstFire Global Opportunities Fund, LLC

Date: Mar 29, 2024

Enforcement of Forum-Selection Clauses Under Federal Common Law: DarkPulse, Inc. v. FirstFire Global Opportunities Fund, LLC Introduction The case of DarkPulse, Inc. v. FirstFire Global Opportunities...

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2d Circuit Case Commentaries

Qualified Immunity and Excessive Force: Insights from Moran v. Greco

Affirmation of Dismissal for Failure to Timely Serve under Fed. R. Civ. P. 4(m): Insights from Fantozzi v. City of New York

Second Circuit Mandates Individualized Assessment and Clear Reasoning for Special Electronic Monitoring in Supervised Release

Affirmation of Discretionary Standards for Compassionate Release under 18 U.S.C. §3582(c)(1)(A)

Affirmation of Conspiracy and Distribution Convictions through Co-conspirator Testimonies under Rule 801(d)(2)(E)

Affirmation of Conviction in Oxycodone Distribution Case: Establishing Subjective Intent in Medical Prescribing Practices

Second Circuit Reconfigures 'Statutory Seller' Standard for Crypto Asset Platforms under the Securities Act

Affirmation of Summary Judgment in Rouviere v. Stryker and Depuy: Statute of Limitations Enforced on Product Liability and Warranty Claims

Reinforcing Standing Requirements in Establishment Clause Challenges: Citizens United To Protect Our Neighborhoods v. Village of Chestnut Ridge

Second Circuit Upholds Statutory Maximum in Serial Offender Case with Multiple Uncharged Conducts

Defining Contracting Carriers under the Montreal Convention: Insights from Indemnity Insurance Co. v. Unitrans International Corp.

Second Circuit Vacates Summary Judgment in Williams v. Buffalo Public Schools: Implications for Employment Contract Certifications

Second Circuit Affirms Sentencing, Clarifies Application of Post-Sentencing Guidelines Amendments

Presumption of Enforcement Threat in Pre-Enforcement Standing: Nastri v. Dykes

Denial of Asylum and CAT Relief Due to Failure in Establishing Immune Grounds

Affirmation of Summary Judgment in Dorsey v. Gannon et al.: Implications for section 1983 Claims

Enforcement of Forum-Selection Clauses Under Federal Common Law: DarkPulse, Inc. v. FirstFire Global Opportunities Fund, LLC

Merger Rule Exception in Sanction Dismissals: Marquez v. Silver Analysis

Reinforcing Judicial Discretion in Awarding Attorney's Fees under 17 U.S.C. § 505: Poppington LLC v. Brooks

Clarifying Pretext and Causation Standards in Title VII Claims: Bart v. Golub Corporation