2d Circuit Case Commentaries

Second Circuit Ruling: Fabricated Evidence as a Deprivation of Liberty under Due Process

Date: May 23, 2023

Second Circuit Ruling: Fabricated Evidence as a Deprivation of Liberty under Due Process Introduction In the case of Tommy Barnes v. City of New York, the United States Court of Appeals for the...

Recognizability as Crucial in False Endorsement Claims: Second Circuit Affirms Summary Judgment in Lanham Act Case

Date: May 20, 2023

Recognizability as Crucial in False Endorsement Claims: Second Circuit Affirms Summary Judgment in Lanham Act Case Introduction In the case of Alana Souza et al. v. Exotic Island Enterprises, Inc.,...

Second Circuit Establishes 'Crime of Violence' Parameter: Attempted Hobbs Act Robbery Excluded

Date: May 19, 2023

Second Circuit Establishes 'Crime of Violence' Parameter: Attempted Hobbs Act Robbery Excluded Introduction The case of United States of America v. Elgin Brack before the United States Court of...

Mallek v. Allstate: Waiver of Late Legal Arguments and Evidentiary Requirements for Damages

Date: May 19, 2023

Mallek v. Allstate: Waiver of Late Legal Arguments and Evidentiary Requirements for Damages Introduction In the appellate case Mallek v. Allstate Insurance Company, the United States Court of Appeals...

Amerisure v. Selective: Affirmation of Additional Insured Status and Coverage Priority

Date: May 10, 2023

Amerisure v. Selective: Affirmation of Additional Insured Status and Coverage Priority Introduction The case of Amerisure Insurance Company and Amerisure Mutual Insurance Company versus Selective...

Second Circuit Refines Summary Judgment Standards in Assault and Battery Claims: Oakley v. Dolan

Date: May 6, 2023

Second Circuit Refines Summary Judgment Standards in Assault and Battery Claims: Oakley v. Dolan Introduction In the landmark case Charles Oakley v. James Dolan, the United States Court of Appeals...

Arbitration in Collective Bargaining Agreements: Insights from Local Union 97 v. Niagara Mohawk Power Corporation

Date: May 4, 2023

Arbitration in Collective Bargaining Agreements: Insights from Local Union 97 v. Niagara Mohawk Power Corporation Introduction The legal landscape surrounding arbitration clauses in collective...

Therapeutic-Grade Claims and Deceptive Advertising: Second Circuit's MacNaughton Decision

Date: May 3, 2023

Therapeutic-Grade Claims and Deceptive Advertising: Second Circuit's MacNaughton Decision Introduction In the landmark case of Lori MacNaughton v. Young Living Essential Oils, LC, the United States...

Establishing Standing and Upholding Content-Neutral Licensing Requirements: Brokamp v. James

Date: Apr 28, 2023

Establishing Standing and Upholding Content-Neutral Licensing Requirements: Brokamp v. James Introduction In the landmark case of Elizabeth Brokamp v. Letitia James, the United States Court of...

Successor Liability and Inherited Jurisdiction: Lelchook v. Société Générale de Banque au Liban SAL

Date: Apr 27, 2023

Successor Liability and Inherited Jurisdiction: Lelchook v. Société Générale de Banque au Liban SAL Introduction Lelchook v. Société Générale de Banque au Liban SAL, (67 F.4th 69), is a landmark case...

Affirmation on Standing under the Medicare Secondary Payer Act: MSP Recovery Claims, Series LLC v. Hereford Insurance Company

Date: Apr 20, 2023

Affirmation on Standing under the Medicare Secondary Payer Act: MSP Recovery Claims, Series LLC v. Hereford Insurance Company Introduction In the case of MSP Recovery Claims, Series LLC v. Hereford...

Affirmation of Passive Engagement of Minors in Sexually Explicit Conduct under 18 U.S.C. § 2251(a)

Date: Apr 18, 2023

Affirmation of Passive Engagement of Minors in Sexually Explicit Conduct under 18 U.S.C. § 2251(a) Introduction In the landmark case United States of America v. Matthew R. Osuba, 67 F.4th 56 (2023),...

Affirmation of Dismissal in Insurance Coverage Claims: Defining 'Direct Physical Loss' Post-COVID-19

Date: Apr 18, 2023

Affirmation of Dismissal in Insurance Coverage Claims: Defining 'Direct Physical Loss' Post-COVID-19 Introduction The legal landscape surrounding insurance coverage for business interruptions caused...

Second Circuit Expands Interpretation of Adverse Employment Actions in Title VII and Section 1983 Claims

Date: Apr 13, 2023

Second Circuit Expands Interpretation of Adverse Employment Actions in Title VII and Section 1983 Claims Introduction In the landmark case Dr. Lisa Buon v. Lisamarie Spindler, Roberto Padilla, The...

Second Circuit Sets Precedent on Ripeness and Preliminary Injunctions in IDEA Funding Disputes

Date: Apr 13, 2023

Second Circuit Sets Precedent on Ripeness and Preliminary Injunctions in IDEA Funding Disputes Introduction In the appellate case Mendez v. Banks, heard by the United States Court of Appeals for the...

Insufficient Circumstantial Evidence in Insurance Subrogation: Union Mutual v. Ace Caribbean Market

Date: Apr 7, 2023

Insufficient Circumstantial Evidence in Insurance Subrogation: Union Mutual v. Ace Caribbean Market Introduction The case of Union Mutual Fire Insurance Company v. Ace Caribbean Market, Neera Ramdin...

Second Circuit Court Limits Qualified Immunity for Fourteenth Amendment Claims in Correctional Enrollment Disputes

Date: Apr 5, 2023

Second Circuit Court Limits Qualified Immunity for Fourteenth Amendment Claims in Correctional Enrollment Disputes Introduction In the landmark case of Michael Matzell v. Anthony J. Annucci et al.,...

Second Circuit Confirms Parent Plaintiffs Lack Standing in COVID-19 Tuition Refund Litigation, Permits Addition of Student Plaintiffs

Date: Mar 24, 2023

Second Circuit Confirms Parent Plaintiffs Lack Standing in COVID-19 Tuition Refund Litigation, Permits Addition of Student Plaintiffs Introduction In the wake of the COVID-19 pandemic, educational...

Affirmation of Scienter Standards in Securities Fraud Litigation: Golla v. Neovasc, Inc.

Date: Mar 14, 2023

Affirmation of Scienter Standards in Securities Fraud Litigation: Golla v. Neovasc, Inc. Introduction In the case of Pratap Golla v. Neovasc, Inc., the United States Court of Appeals for the Second...

Affirmation of Summary Judgment in Gerzhgorin v. Selfhelp Community Services: Limits of Retaliation and Religious Discrimination Claims

Date: Mar 14, 2023

Affirmation of Summary Judgment in Gerzhgorin v. Selfhelp Community Services, Inc.: Limits of Retaliation and Religious Discrimination Claims Introduction Gerzhgorin v. Selfhelp Community Services,...

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