2d Circuit Case Commentaries

Second Circuit Establishes Limits on Broad Injunctions in First Amendment Challenges: Picard v. Magliano

Date: Jul 28, 2022

Second Circuit Establishes Limits on Broad Injunctions in First Amendment Challenges: Picard v. Magliano Introduction In the landmark case Michael Picard v. Michael Magliano, decided on July 27,...

Mochary v. Bergstein: Federal Jurisdiction and Abstention Doctrine Clarified

Date: Jul 28, 2022

Mochary v. Bergstein: Federal Jurisdiction and Abstention Doctrine Clarified Introduction The case of Matthew Mochary v. Seth Bergstein, adjudicated by the United States Court of Appeals for the...

Reevaluation of Trademark Strength in RiseandShine Corp. v. PepsiCo: Second Circuit Vacates Preliminary Injunction

Date: Jul 23, 2022

Reevaluation of Trademark Strength in RiseandShine Corp. v. PepsiCo: Second Circuit Vacates Preliminary Injunction Introduction In the landmark case of RiseandShine Corporation, DBA Rise Brewing,...

Hobbs Act Robbery Not Classified as a "Crime of Violence" Under §4B1.2(a) in Career Offender Sentencing

Date: Jul 22, 2022

Hobbs Act Robbery Not Classified as a "Crime of Violence" Under §4B1.2(a) in Career Offender Sentencing Introduction In the landmark case of UNITED STATES of America v. Damon Chappelle et al. (41...

Lentell Remains Good Law After Lorenzo: Implications for Scheme Liability under Rule 10b-5

Date: Jul 16, 2022

Lentell Remains Good Law After Lorenzo: Implications for Scheme Liability under Rule 10b-5 Introduction The Securities and Exchange Commission (SEC) initiated an enforcement action against Rio Tinto...

Enhanced Comity Requirements for Partial Enforcement of Foreign Arbitral Awards Under the New York Convention

Date: Jul 9, 2022

Enhanced Comity Requirements for Partial Enforcement of Foreign Arbitral Awards Under the New York Convention Introduction The legal landscape surrounding the enforcement of foreign arbitral awards...

Second Circuit Establishes Bright-Line Rule: Automatic Stay Applies When Debtor is Named in Foreclosure Proceedings

Date: Jul 7, 2022

Second Circuit Establishes Bright-Line Rule: Automatic Stay Applies When Debtor is Named in Foreclosure Proceedings Introduction In the landmark case In Re: Eileen Fogarty, Debtor, decided on July 6,...

Affirmation of Denial for Compassionate Release: United States v. Hunter

Date: Jun 25, 2022

Affirmation of Denial for Compassionate Release: United States of America v. Tyrone Hunter Introduction The case of United States of America v. Tyrone Hunter revolves around Hunter's appeal against...

Affirmation of § 924(c) Conviction Considering Multiple Predicate Offenses: Dwayne Stone v. United States

Date: Jun 22, 2022

Affirmation of § 924(c) Conviction Considering Multiple Predicate Offenses: Dwayne Stone v. United States Introduction The case of Dwayne Stone, Petitioner-Appellant, v. United States of America,...

Second Circuit Reaffirms RFRA Protections for Inmates Against Unjustified Religious Practice Restrictions

Date: Jun 18, 2022

Second Circuit Reaffirms RFRA Protections for Inmates Against Unjustified Religious Practice Restrictions Introduction In the landmark case Sabir v. Williams, the United States Court of Appeals for...

Enhancing Procedural Standards in Disability Claims: A Comprehensive Analysis of Loucks v. Kijakazi

Date: Jun 18, 2022

Enhancing Procedural Standards in Disability Claims: A Comprehensive Analysis of Loucks v. Kijakazi Introduction Loucks v. Kijakazi is a pivotal case adjudicated by the United States Court of Appeals...

Second Circuit Establishes Separate Probable Cause Standard for Mental Health Arrests in False Arrest Claims

Date: Jun 18, 2022

Second Circuit Establishes Separate Probable Cause Standard for Mental Health Arrests in False Arrest Claims Introduction In the landmark case of Kaibin Guan v. City of New York et al., the United...

Donnelly v. USCIS: Affirming §1421(c) as a Mandatory Claim-Processing Rule

Date: Jun 15, 2022

Donnelly v. USCIS: Affirming §1421(c) as a Mandatory Claim-Processing Rule Introduction In the case of Patrick J. Donnelly v. Controlled Application Review and Resolution Program Unit, United States...

Affirmation of "Crime of Violence" Classification for Attempted Murder in Aid of Racketeering under 18 U.S.C. § 1959(a)(5)

Date: Jun 9, 2022

Affirmation of "Crime of Violence" Classification for Attempted Murder in Aid of Racketeering under 18 U.S.C. § 1959(a)(5) Introduction The case United States of America v. Steven Pastore, Salvatore...

Exhaustion of Administrative Remedies in Prison Litigation: Saeli v. Chautauqua County

Date: Jun 9, 2022

Exhaustion of Administrative Remedies in Prison Litigation: Saeli v. Chautauqua County Introduction Saeli v. Chautauqua County, NY, Correction Officers Genther and Steenburn is a pivotal case...

Title IX Affirmation: Private Right of Action for University’s Intentional Gender-Based Discrimination Against Faculty Member

Date: Jun 3, 2022

Title IX Affirmation: Private Right of Action for University’s Intentional Gender-Based Discrimination Against Faculty Member Introduction The case of Dr. Mukund Vengalattore v. Cornell University...

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2d Circuit Case Commentaries

Second Circuit Establishes Limits on Broad Injunctions in First Amendment Challenges: Picard v. Magliano

Mochary v. Bergstein: Federal Jurisdiction and Abstention Doctrine Clarified

Reevaluation of Trademark Strength in RiseandShine Corp. v. PepsiCo: Second Circuit Vacates Preliminary Injunction

Hobbs Act Robbery Not Classified as a "Crime of Violence" Under §4B1.2(a) in Career Offender Sentencing

Lentell Remains Good Law After Lorenzo: Implications for Scheme Liability under Rule 10b-5

Enhanced Comity Requirements for Partial Enforcement of Foreign Arbitral Awards Under the New York Convention

Second Circuit Establishes Bright-Line Rule: Automatic Stay Applies When Debtor is Named in Foreclosure Proceedings

Affirmation of Denial for Compassionate Release: United States v. Hunter

Affirmation of § 924(c) Conviction Considering Multiple Predicate Offenses: Dwayne Stone v. United States

Second Circuit Reaffirms RFRA Protections for Inmates Against Unjustified Religious Practice Restrictions

Enhancing Procedural Standards in Disability Claims: A Comprehensive Analysis of Loucks v. Kijakazi

Second Circuit Establishes Separate Probable Cause Standard for Mental Health Arrests in False Arrest Claims

Donnelly v. USCIS: Affirming §1421(c) as a Mandatory Claim-Processing Rule

Affirmation of "Crime of Violence" Classification for Attempted Murder in Aid of Racketeering under 18 U.S.C. § 1959(a)(5)

Exhaustion of Administrative Remedies in Prison Litigation: Saeli v. Chautauqua County

Title IX Affirmation: Private Right of Action for University’s Intentional Gender-Based Discrimination Against Faculty Member

Second Circuit Affirms Standing Requirements in ADA Claims for Braille Gift Cards

Equitable Estoppel in Divorce Fraud Claims: Koral v. Saunders

Non-Jurisdictional Statutory Requirements under PACA Affirmed

Second Circuit Reaffirms Triable Issues in Arbitration Agreement Validity: Barrows v. Brinker Restaurant Corp.