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  • Commentaries
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2d Circuit Case Commentaries

Reaffirming Standards for Preliminary Injunctions in Franchise Compliance Disputes: JTH Tax, LLC v. Agnant

Reaffirming Standards for Preliminary Injunctions in Franchise Compliance Disputes: JTH Tax, LLC v. Agnant

Date: Mar 14, 2023
Reaffirming Standards for Preliminary Injunctions in Franchise Compliance Disputes: JTH Tax, LLC v. Agnant Introduction The case of JTH Tax, LLC, d/b/a Liberty Tax Service v. Alexia Agnant and...
Affirmation of AEDPA's One-Year Time Bar in Actual Innocence Claims: Cosey v. Lilley

Affirmation of AEDPA's One-Year Time Bar in Actual Innocence Claims: Cosey v. Lilley

Date: Mar 10, 2023
Affirmation of AEDPA's One-Year Time Bar in Actual Innocence Claims: Cosey v. Lilley Introduction The case of Archie Cosey v. Lynn Lilley serves as a critical examination of the Antiterrorism and...
Understanding PREP Act Jurisdiction: Insights from Solomon v. St. Joseph Hospital

Understanding PREP Act Jurisdiction: Insights from Solomon v. St. Joseph Hospital

Date: Mar 8, 2023
Understanding PREP Act Jurisdiction: Insights from Solomon v. St. Joseph Hospital 1. Introduction The case of Zachary Solomon v. St. Joseph Hospital, Catholic Health System of Long Island, Inc.,...
Affirmation of First Amendment Protections in Police Conduct: Friend v. Gasparino and City of Stamford

Affirmation of First Amendment Protections in Police Conduct: Friend v. Gasparino and City of Stamford

Date: Feb 28, 2023
Affirmation of First Amendment Protections in Police Conduct: Friend v. Gasparino and City of Stamford Introduction Michael Friend v. Richard Gasparino and City of Stamford, 61 F.4th 77 (2d Cir....
Second Circuit Affirms Antitrust Standing for Exchange Participants in Precious Metals Price Manipulation Case

Second Circuit Affirms Antitrust Standing for Exchange Participants in Precious Metals Price Manipulation Case

Date: Feb 28, 2023
Second Circuit Affirms Antitrust Standing for Exchange Participants in Precious Metals Price Manipulation Case Introduction In the landmark case In re Platinum and Palladium Antitrust Litigation, the...
Comparative Analysis of State and Federal Drug Schedules in United States v. Vincent Gibson

Comparative Analysis of State and Federal Drug Schedules in United States v. Vincent Gibson

Date: Feb 22, 2023
Comparative Analysis of State and Federal Drug Schedules in United States v. Vincent Gibson Introduction United States of America v. Vincent Gibson, 60 F.4th 720 (2d Cir. 2023), addresses the...
Second Circuit Upholds Lack of Diversity Jurisdiction in Suedrohrbau Saudi v. Bazzi Based on Defendants' Domicile

Second Circuit Upholds Lack of Diversity Jurisdiction in Suedrohrbau Saudi v. Bazzi Based on Defendants' Domicile

Date: Feb 9, 2023
Second Circuit Upholds Lack of Diversity Jurisdiction in Suedrohrbau Saudi v. Bazzi Based on Defendants' Domicile Introduction In the case of Suedrohrbau Saudi Co., Ltd. and NACAP Pipeline & Energy...
Affirmation of Three Strikes Bar Under PLRA in Burns v. Schell

Affirmation of Three Strikes Bar Under PLRA in Burns v. Schell

Date: Feb 1, 2023
Affirmation of Three Strikes Bar Under PLRA in Burns v. Schell Introduction In the case of George Burns v. Amy Schell, LMSW, the United States Court of Appeals for the Second Circuit addressed the...
Affirmation of Physical Loss Requirement in Insurance Policies for Pandemic-Related Claims

Affirmation of Physical Loss Requirement in Insurance Policies for Pandemic-Related Claims

Date: Feb 1, 2023
Affirmation of Physical Loss Requirement in Insurance Policies for Pandemic-Related Claims Introduction The case of ITT Inc. v. Factory Mutual Insurance Company presents a critical examination of...
Second Circuit Upholds Removal Based on 'Sexual Abuse of a Minor' as Aggravated Felony: Debique v. Garland

Second Circuit Upholds Removal Based on 'Sexual Abuse of a Minor' as Aggravated Felony: Debique v. Garland

Date: Jan 28, 2023
Second Circuit Upholds Removal Based on 'Sexual Abuse of a Minor' as Aggravated Felony: Debique v. Garland Introduction The case of Wayne Patrick Debique v. Merrick B. Garland (58 F.4th 676),...
Clarity and Conspicuousness of Variable Rate Disclosures Affirmed: Second Circuit Upholds Summary Judgment in Forte v. Direct Energy

Clarity and Conspicuousness of Variable Rate Disclosures Affirmed: Second Circuit Upholds Summary Judgment in Forte v. Direct Energy

Date: Jan 26, 2023
Clarity and Conspicuousness of Variable Rate Disclosures Affirmed: Second Circuit Upholds Summary Judgment in Forte v. Direct Energy Introduction In Martin Forte v. Direct Energy Services, LLC, the...
Second Circuit Reverses section 924(c) Convictions for Brandishing Firearms in Attempted Hobbs Act Robberies Following US v. Taylor

Second Circuit Reverses section 924(c) Convictions for Brandishing Firearms in Attempted Hobbs Act Robberies Following US v. Taylor

Date: Jan 24, 2023
Second Circuit Reverses section 924(c) Convictions for Brandishing Firearms in Attempted Hobbs Act Robberies Following U.S. v. Taylor Introduction In the case of United States of America v. Earl...
Enforcement of Arbitration Clauses and Constraints on Relief Under Rule 60(b)(5) in Nicosia v. Amazon.com, Inc.

Enforcement of Arbitration Clauses and Constraints on Relief Under Rule 60(b)(5) in Nicosia v. Amazon.com, Inc.

Date: Jan 20, 2023
Enforcement of Arbitration Clauses and Constraints on Relief Under Rule 60(b)(5) in Nicosia v. Amazon.com, Inc. Introduction The case Dean Nicosia, on behalf of himself and all others similarly...
Enhancing Arbitration Standards: The Second Circuit's Decision in Smarter Tools Inc. v. SENCI Import & Export Trade Co.

Enhancing Arbitration Standards: The Second Circuit's Decision in Smarter Tools Inc. v. SENCI Import & Export Trade Co.

Date: Jan 18, 2023
Enhancing Arbitration Standards: The Second Circuit's Decision in Smarter Tools Inc. v. SENCI Import & Export Trade Co. Introduction The case of Smarter Tools Inc. (STI) v. Chongqing SENCI Import &...
Clarifying Justiciability Standards under the Declaratory Judgment Act: Admiral Insurance Co. v. Niagara Transformer Corp.

Clarifying Justiciability Standards under the Declaratory Judgment Act: Admiral Insurance Co. v. Niagara Transformer Corp.

Date: Jan 7, 2023
Clarifying Justiciability Standards under the Declaratory Judgment Act: Admiral Insurance Co. v. Niagara Transformer Corp. Introduction In the landmark case Admiral Insurance Company v. Niagara...
FCRA Inaccuracy Claims and Legal Disputes: Insights from Mader v. Experian

FCRA Inaccuracy Claims and Legal Disputes: Insights from Mader v. Experian

Date: Jan 5, 2023
FCRA Inaccuracy Claims and Legal Disputes: Insights from Mader v. Experian Introduction The case of Michael Mader v. Experian Information Solutions, Inc. addresses a pivotal issue concerning the...
Affirming the Minimal Plausibility Standard for Pro Se Discrimination Claims: Mauro v. NYC Department of Education

Affirming the Minimal Plausibility Standard for Pro Se Discrimination Claims: Mauro v. NYC Department of Education

Date: Dec 23, 2022
Affirming the Minimal Plausibility Standard for Pro Se Discrimination Claims: Mauro v. NYC Department of Education Introduction In the case of James J. Mauro v. New York City Department of Education,...
Balancing Public Access and Government Confidentiality: Insights from Gannett Media Corp. v. United States

Balancing Public Access and Government Confidentiality: Insights from Gannett Media Corp. v. United States

Date: Dec 21, 2022
Balancing Public Access and Government Confidentiality: Insights from Gannett Media Corp. v. United States Introduction The case of Gannett Media Corp., DBA Democrat & Chronicle v. United States of...
Enforceability of Preliminary Settlement Agreements: Insights from SRISUWAN TANGTIWATANAPAIBUL v. TOM & TOON INC

Enforceability of Preliminary Settlement Agreements: Insights from SRISUWAN TANGTIWATANAPAIBUL v. TOM & TOON INC

Date: Dec 13, 2022
Enforceability of Preliminary Settlement Agreements: Insights from SRISUWAN TANGTIWATANAPAIBUL v. TOM & TOON INC Introduction The case of SRISUWAN TANGTIWATANAPAIBUL et al. versus TOM & TOON INC and...
Affirmation of Summary Judgment in Age Discrimination Claims: Rinaldi v. NICE

Affirmation of Summary Judgment in Age Discrimination Claims: Rinaldi v. NICE

Date: Dec 8, 2022
Affirmation of Summary Judgment in Age Discrimination Claims: Rinaldi v. NICE Introduction In Rinaldi v. NICE, Peter Rinaldi, the plaintiff-appellant, contested an employment dispute against several...
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