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  • Commentaries
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2d Circuit Case Commentaries

Narrow Federal Controlled Substances Schedules Limit Career-Offender Sentencing Enhancements

Narrow Federal Controlled Substances Schedules Limit Career-Offender Sentencing Enhancements

Date: Dec 7, 2022
Narrow Federal Controlled Substances Schedules Limit Career-Offender Sentencing Enhancements Introduction In the case of United States of America v. Vincent Gibson, the United States Court of Appeals...
Affirmation of Guilty Plea Validity under Federal Rule of Criminal Procedure 11 in U.S. v. Spear-Zuleta

Affirmation of Guilty Plea Validity under Federal Rule of Criminal Procedure 11 in U.S. v. Spear-Zuleta

Date: Dec 2, 2022
Affirmation of Guilty Plea Validity under Federal Rule of Criminal Procedure 11 in U.S. v. Spear-Zuleta Introduction In the case of United States of America v. Ronald Christopher Spear-Zuleta, the...
Implications of Radwan v. Warde Manuel: Title IX and Qualified Immunity in Athletic Scholarship Terminations

Implications of Radwan v. Warde Manuel: Title IX and Qualified Immunity in Athletic Scholarship Terminations

Date: Dec 1, 2022
Implications of Radwan v. Warde Manuel: Title IX and Qualified Immunity in Athletic Scholarship Terminations Introduction In the landmark case of Noriana Radwan v. Warde Manuel, decided by the United...
Mandatory Identity Disclosure for Pro Se Appellants: Publius Publicola v. Lomenzo et al.

Mandatory Identity Disclosure for Pro Se Appellants: Publius Publicola v. Lomenzo et al.

Date: Nov 30, 2022
Mandatory Identity Disclosure for Pro Se Appellants: Publius Publicola v. Lomenzo et al. Introduction The case of Publius Publicola, Plaintiff-Appellant, v. John Lomenzo, Town of Penfield, Joseph...
Catholic Bishop Precludes Duty of Fair Representation Claims for Parochial-School Teachers

Catholic Bishop Precludes Duty of Fair Representation Claims for Parochial-School Teachers

Date: Nov 24, 2022
Catholic Bishop Precludes Duty of Fair Representation Claims for Parochial-School Teachers Introduction In Ramon K. Jusino v. Federation of Catholic Teachers, Inc., 54 F.4th 95 (2d Cir. 2022), the...
Enhanced Standards for CAT Claims: Garcia-Aranda v. Garland

Enhanced Standards for CAT Claims: Garcia-Aranda v. Garland

Date: Nov 22, 2022
Enhanced Standards for CAT Claims: Garcia-Aranda v. Garland Introduction Karla Iveth Garcia-Aranda v. Merrick B. Garland, 53 F.4th 752 (2022), represents a pivotal decision by the United States Court...
Affirmation of Denial of Compassionate Release in United States v. Dicarluccio

Affirmation of Denial of Compassionate Release in United States v. Dicarluccio

Date: Nov 16, 2022
Affirmation of Denial of Compassionate Release in United States v. Dicarluccio Introduction In the case of United States of America v. Michael Sellick and Michael Dicarluccio, the United States Court...
Second Circuit Establishes Review Standards for Corroboration in Asylum Claims: Pinel-Gomez v. Garland

Second Circuit Establishes Review Standards for Corroboration in Asylum Claims: Pinel-Gomez v. Garland

Date: Nov 3, 2022
Second Circuit Establishes Review Standards for Corroboration in Asylum Claims: Pinel-Gomez v. Garland Introduction The case of Mauricio Dagoberto Pinel-Gomez, J. L. P-E. v. Merrick B. Garland,...
2nd Circuit Affirms 'One Central Reason' Standard for Withholding of Removal Claims

2nd Circuit Affirms 'One Central Reason' Standard for Withholding of Removal Claims

Date: Nov 2, 2022
2nd Circuit Affirms 'One Central Reason' Standard for Withholding of Removal Claims Introduction In the landmark case of Xavier Pucha Quituizaca v. Merrick B. Garland, decided on November 1, 2022,...
Rooker-Feldman Doctrine Clarified in Hansen v. Miller: Implications for Fraud and Collateral Estoppel Claims

Rooker-Feldman Doctrine Clarified in Hansen v. Miller: Implications for Fraud and Collateral Estoppel Claims

Date: Oct 29, 2022
Rooker-Feldman Doctrine Clarified in Hansen v. Miller: Implications for Fraud and Collateral Estoppel Claims Introduction In the landmark case of Joan Hansen v. Matthew Miller et al. (52 F.4th 96,...
Forced Choice Between Employment and Political Activity Constitutes Adverse Employment Action Under NY Labor Law § 201-d

Forced Choice Between Employment and Political Activity Constitutes Adverse Employment Action Under NY Labor Law § 201-d

Date: Oct 28, 2022
Forced Choice Between Employment and Political Activity Constitutes Adverse Employment Action Under NY Labor Law § 201-d Introduction In the landmark case William Gunnar Truitt v. Salisbury Bank and...
Second Circuit Affirms Dismissal of Title VII Failure-to-Train and Hostile Work Environment Claims

Second Circuit Affirms Dismissal of Title VII Failure-to-Train and Hostile Work Environment Claims

Date: Oct 21, 2022
Second Circuit Affirms Dismissal of Title VII Failure-to-Train and Hostile Work Environment Claims Introduction In the case of Jean-Claude Tassy v. Pete Buttigieg, Secretary of Transportation, the...
Second Circuit Sets New Precedent on Primary Jurisdiction and Worker Protections in COVID-19 Context

Second Circuit Sets New Precedent on Primary Jurisdiction and Worker Protections in COVID-19 Context

Date: Oct 19, 2022
Second Circuit Sets New Precedent on Primary Jurisdiction and Worker Protections in COVID-19 Context Introduction In the landmark case of Derrick Palmer et al. v. Amazon.com, Inc. et al. (51 F.4th...
Affirmation of Waiver Doctrine in Ineffective Assistance Claims: United States v. Graham

Affirmation of Waiver Doctrine in Ineffective Assistance Claims: United States v. Graham

Date: Oct 15, 2022
Affirmation of Waiver Doctrine in Ineffective Assistance Claims: United States v. Graham Introduction In the case of United States of America v. Jacqueline Graham, 51 F.4th 67 (2d Cir. 2022), the...
New Precedent on Choice-of-Law in International Bond Transactions: PDVSA v. MUFG Union Bank

New Precedent on Choice-of-Law in International Bond Transactions: PDVSA v. MUFG Union Bank

Date: Oct 14, 2022
New Precedent on Choice-of-Law in International Bond Transactions: PDVSA v. MUFG Union Bank Introduction The case of Petroleos de Venezuela S.A. (PDVSA) v. MUFG Union Bank, N.A., decided by the...
Right of Publicity Claims Preempted by Copyright Act: Insights from Melendez v. Sirius XM Radio

Right of Publicity Claims Preempted by Copyright Act: Insights from Melendez v. Sirius XM Radio

Date: Oct 5, 2022
Right of Publicity Claims Preempted by Copyright Act: Insights from Melendez v. Sirius XM Radio Introduction The case of John Edward Melendez v. Sirius XM Radio, Inc. (50 F.4th 294) adjudicated by...
Clarifying Service Requirements in Confirmation of Foreign Arbitral Awards: CME v. CVG Ferrominera Orinoco

Clarifying Service Requirements in Confirmation of Foreign Arbitral Awards: CME v. CVG Ferrominera Orinoco

Date: Oct 4, 2022
Clarifying Service Requirements in Confirmation of Foreign Arbitral Awards: CME v. CVG Ferrominera Orinoco Introduction In the landmark case of Commodities & Minerals Enterprise Ltd. v. CVG...
Reaffirming the Purchaser-Seller Rule: Menora Mivtachim v. Frutarom Industries

Reaffirming the Purchaser-Seller Rule: Menora Mivtachim v. Frutarom Industries

Date: Oct 1, 2022
Reaffirming the Purchaser-Seller Rule: Menora Mivtachim v. Frutarom Industries Introduction The case of Menora Mivtachim Insurance Ltd. and others v. Frutarom Industries Ltd. et al. ([54 F.4th...
Application of Qualified Immunity in Combined Police Use of Force: McKinney v. City of Middletown

Application of Qualified Immunity in Combined Police Use of Force: McKinney v. City of Middletown

Date: Sep 27, 2022
Application of Qualified Immunity in Combined Police Use of Force: McKinney v. City of Middletown Introduction In McKinney v. City of Middletown, the United States Court of Appeals for the Second...
Qualified Immunity Upholds Regulatory Official's Persuasive Government Speech: Insights from NRA v. Vullo

Qualified Immunity Upholds Regulatory Official's Persuasive Government Speech: Insights from NRA v. Vullo

Date: Sep 23, 2022
Qualified Immunity Upholds Regulatory Official's Persuasive Government Speech: Insights from NRA v. Vullo Introduction The case of National Rifle Association of America v. Maria T. Vullo (49 F.4th...
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