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  • Commentaries
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2d Circuit Case Commentaries

Notice and Opportunity to Be Heard Required for Sua Sponte Dismissal under STONE v. POWELL

Notice and Opportunity to Be Heard Required for Sua Sponte Dismissal under STONE v. POWELL

Date: Sep 21, 2022
Notice and Opportunity to Be Heard Required for Sua Sponte Dismissal under STONE v. POWELL Introduction The case of Jamel Ethridge v. Earl Bell, adjudicated by the United States Court of Appeals for...
Transfer-Induced Unavailability of Administrative Remedies Under PLRA: Romano v. Ulrich

Transfer-Induced Unavailability of Administrative Remedies Under PLRA: Romano v. Ulrich

Date: Sep 16, 2022
Transfer-Induced Unavailability of Administrative Remedies Under PLRA: Romano v. Ulrich Introduction Anthony Romano, a prisoner in New York, initiated a federal lawsuit alleging excessive force under...
Second Circuit Clarifies Probate Exception in Diversity Jurisdiction: McKie v. Kornegay

Second Circuit Clarifies Probate Exception in Diversity Jurisdiction: McKie v. Kornegay

Date: Sep 16, 2022
Second Circuit Clarifies Probate Exception in Diversity Jurisdiction: McKie v. Kornegay Introduction The case of Christopher McKie v. Charles Kornegay is a pivotal decision by the United States Court...
Arbitration Agreements in Online Banking: Insights from Zachman v. Hudson Valley Federal Credit Union

Arbitration Agreements in Online Banking: Insights from Zachman v. Hudson Valley Federal Credit Union

Date: Sep 15, 2022
Arbitration Agreements in Online Banking: Insights from Zachman v. Hudson Valley Federal Credit Union Introduction The case of Nicole Zachman v. Hudson Valley Federal Credit Union (HVCU) addresses...
Intertwined Claims and Reasonable Attorney's Fees under the FLSA: Holick v. Cellular Sales

Intertwined Claims and Reasonable Attorney's Fees under the FLSA: Holick v. Cellular Sales

Date: Sep 8, 2022
Intertwined Claims and Reasonable Attorney's Fees under the FLSA: Holick v. Cellular Sales Introduction In the landmark case of Jan P. Holick, Jr., et al. v. Cellular Sales of New York, LLC, Cellular...
Navient Corp. Class Action Settlement: Implications for Rule 23(b)(2) Certification and Cy Pres Awards

Navient Corp. Class Action Settlement: Implications for Rule 23(b)(2) Certification and Cy Pres Awards

Date: Sep 8, 2022
Navient Corp. Class Action Settlement: Implications for Rule 23(b)(2) Certification and Cy Pres Awards Introduction The case of Kathryn Hyland et al. v. Navient Corporation, Navient Solutions LLC...
Reaffirmation of Substantial Evidence Standard and Treating Physician Rule in SSA Disability Claims: Rucker v. Kijakazi

Reaffirmation of Substantial Evidence Standard and Treating Physician Rule in SSA Disability Claims: Rucker v. Kijakazi

Date: Sep 7, 2022
Reaffirmation of Substantial Evidence Standard and Treating Physician Rule in SSA Disability Claims: Rucker v. Kijakazi Introduction In the landmark case Jessica RUCKER, Plaintiff-Appellant, v....
Limits on Compassionate Release: United States v. Orena

Limits on Compassionate Release: United States v. Orena

Date: Sep 1, 2022
Limits on Compassionate Release: United States v. Orena Introduction The case of United States of America v. Victor J. Orena addresses the boundaries of the compassionate release provision under 18...
Enhancing Tribal Rights Enforcement: Second Circuit's Landmark Decision in Silva v. Farrish

Enhancing Tribal Rights Enforcement: Second Circuit's Landmark Decision in Silva v. Farrish

Date: Aug 26, 2022
Enhancing Tribal Rights Enforcement: Second Circuit's Landmark Decision in Silva v. Farrish Introduction The case of David T. Silva, Gerrod T. Smith, Jonathan K. Smith, members of the Shinnecock...
Clarifying Limits on Protected Speech for Public Employees: Shara v. Maine-Endwell Central School District

Clarifying Limits on Protected Speech for Public Employees: Shara v. Maine-Endwell Central School District

Date: Aug 19, 2022
Clarifying Limits on Protected Speech for Public Employees: Shara v. Maine-Endwell Central School District Introduction In the case of James Shara v. Maine-Endwell Central School District (46 F.4th...
Second Circuit Affirms Limited Disclosure of Victim's Mental Health Records in Brady Context

Second Circuit Affirms Limited Disclosure of Victim's Mental Health Records in Brady Context

Date: Aug 18, 2022
Second Circuit Affirms Limited Disclosure of Victim's Mental Health Records in Brady Context Introduction In Terence Sandy McCray v. Michael Capra, the United States Court of Appeals for the Second...
Second Circuit Clarifies PLRA's Role in Eighth Amendment Prisoner Claims

Second Circuit Clarifies PLRA's Role in Eighth Amendment Prisoner Claims

Date: Aug 17, 2022
Second Circuit Clarifies PLRA's Role in Eighth Amendment Prisoner Claims Introduction The United States Court of Appeals for the Second Circuit issued a pivotal decision on August 16, 2022, in the...
Affirming the 'Otherwise Qualified' Standard in Disability Accommodation Claims: Williams v. MTA Bus Company

Affirming the 'Otherwise Qualified' Standard in Disability Accommodation Claims: Williams v. MTA Bus Company

Date: Aug 13, 2022
Affirming the 'Otherwise Qualified' Standard in Disability Accommodation Claims: Williams v. MTA Bus Company Introduction Case: Ike Williams, Plaintiff-Appellant, v. MTA Bus Company,...
Finality in Land-Use Disputes: Insights from Village Green at Sayville v. Town of Islip

Finality in Land-Use Disputes: Insights from Village Green at Sayville v. Town of Islip

Date: Aug 6, 2022
Finality in Land-Use Disputes: Insights from Village Green at Sayville v. Town of Islip Introduction The case of Village Green at Sayville, LLC v. Town of Islip addresses critical issues surrounding...
Establishing Direct Claims for Implied Covenant of Good Faith in Shareholder Agreements

Establishing Direct Claims for Implied Covenant of Good Faith in Shareholder Agreements

Date: Aug 4, 2022
Establishing Direct Claims for Implied Covenant of Good Faith in Shareholder Agreements Introduction In the case of Tyler Miller v. Brightstar Asia, Ltd., the United States Court of Appeals for the...
Raja v. Burns: Reevaluating Attorney's Fee Reductions under 42 U.S.C. § 1988

Raja v. Burns: Reevaluating Attorney's Fee Reductions under 42 U.S.C. § 1988

Date: Aug 2, 2022
Raja v. Burns: Reevaluating Attorney's Fee Reductions under 42 U.S.C. § 1988 Introduction The case of Rizwan Raja v. John W. Burns, City of New York (43 F.4th 80) was adjudicated by the United States...
Collateral Estoppel Limitations and Good-Faith Exception in Federal Suppression Motions: Second Circuit's Insight

Collateral Estoppel Limitations and Good-Faith Exception in Federal Suppression Motions: Second Circuit's Insight

Date: Aug 2, 2022
Collateral Estoppel Limitations and Good-Faith Exception in Federal Suppression Motions: Second Circuit's Insight Introduction The case of United States of America v. David Roy Jones,...
Clarifying False Advertising Claims and Puffery: ICC v. UpCodes Precedents

Clarifying False Advertising Claims and Puffery: ICC v. UpCodes Precedents

Date: Jul 30, 2022
Clarifying False Advertising Claims and Puffery: ICC v. UpCodes Precedents Introduction In the landmark case of International Code Council, Inc. (ICC) v. UpCodes Inc., the United States Court of...
Affirmation of New York State's Medical Exemption Regulations in School Immunization Requirements

Affirmation of New York State's Medical Exemption Regulations in School Immunization Requirements

Date: Jul 30, 2022
Affirmation of New York State's Medical Exemption Regulations in School Immunization Requirements Introduction In the case of Jane Goe, Sr. et al. v. Howard Zucker et al., the United States Court of...
Strict Application of Personal Jurisdiction and Sovereign Immunity in Foreign Banking: Daou v. BLC Bank

Strict Application of Personal Jurisdiction and Sovereign Immunity in Foreign Banking: Daou v. BLC Bank

Date: Jul 29, 2022
Strict Application of Personal Jurisdiction and Sovereign Immunity in Foreign Banking: Daou v. BLC Bank Introduction The case of Joseph A. Daou and Karen Daou v. BLC Bank, S.A.L., Credit Libanais,...
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