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  • Commentaries
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2d Circuit Case Commentaries

Second Circuit Clarifies Equitable Limitations on SEC's Disgorgement Remedy in SEC v. Govil

Second Circuit Clarifies Equitable Limitations on SEC's Disgorgement Remedy in SEC v. Govil

Date: Nov 1, 2023
Second Circuit Clarifies Equitable Limitations on SEC's Disgorgement Remedy in SEC v. Govil Introduction In the landmark case Securities and Exchange Commission v. Aron Govil, adjudicated by the...
COVID-19 Does Not Constitute Direct Physical Damage Under New York Insurance Law: Second Circuit Affirms

COVID-19 Does Not Constitute Direct Physical Damage Under New York Insurance Law: Second Circuit Affirms

Date: Oct 11, 2023
COVID-19 Does Not Constitute Direct Physical Damage Under New York Insurance Law: Second Circuit Affirms Introduction The case of Stetson Real Estate, LLC v. Sentinel Insurance Company, Limited...
Murphy v. Hughson: Reaffirming Constitutional Protections Against Unjustified Strip Searches and Release Delays

Murphy v. Hughson: Reaffirming Constitutional Protections Against Unjustified Strip Searches and Release Delays

Date: Sep 22, 2023
Murphy v. Hughson: Reaffirming Constitutional Protections Against Unjustified Strip Searches and Release Delays Introduction In the landmark case Christopher M. Murphy v. Andrew C. Hughson et al.,...
Affirmation of Above-Guidelines Sentence in Branden Davis Case: Insights on Procedural and Substantive Reasonableness in Sentencing

Affirmation of Above-Guidelines Sentence in Branden Davis Case: Insights on Procedural and Substantive Reasonableness in Sentencing

Date: Sep 22, 2023
Affirmation of Above-Guidelines Sentence in Branden Davis Case: Insights on Procedural and Substantive Reasonableness in Sentencing Introduction The case of United States of America v. Branden L....
Second Circuit Reinstates Hostile Work Environment and Retaliation Claims in Employment Discrimination Case: Banks v. GM

Second Circuit Reinstates Hostile Work Environment and Retaliation Claims in Employment Discrimination Case: Banks v. GM

Date: Sep 8, 2023
Second Circuit Reinstates Hostile Work Environment and Retaliation Claims in Employment Discrimination Case: Banks v. GM Introduction In the landmark case of Billie R. Banks v. General Motors, LLC,...
Default Judgment and Fraudulent Transfers under CUFTA: Insights from Mirlis v. Greer

Default Judgment and Fraudulent Transfers under CUFTA: Insights from Mirlis v. Greer

Date: Aug 31, 2023
Default Judgment and Fraudulent Transfers under CUFTA: Insights from Mirlis v. Greer Introduction Mirlis v. Greer, 80 F.4th 377 (2d Cir. 2023), is a pivotal case addressing the intersection of...
Affirmation of Bankruptcy Court's Inherent Authority to Impose Civil Contempt Sanctions: In Re Larisa Ivanovna Markus

Affirmation of Bankruptcy Court's Inherent Authority to Impose Civil Contempt Sanctions: In Re Larisa Ivanovna Markus

Date: Aug 31, 2023
Affirmation of Bankruptcy Court's Inherent Authority to Impose Civil Contempt Sanctions: In Re Larisa Ivanovna Markus Introduction In Re: Larisa Ivanovna Markus, Debtor. v. Yuri Vladimirovich Rozhko...
Establishing Correct Standards for Sanctions on Counsel in Judicial Proceedings

Establishing Correct Standards for Sanctions on Counsel in Judicial Proceedings

Date: Aug 29, 2023
Establishing Correct Standards for Sanctions on Counsel in Judicial Proceedings Introduction The case of Derek Smith Law Group, PLLC, Daniel Altaras, Appellants, v. Montefiore Medical Center, Norman...
Employer Liability under FLSA for Required Overtime Regardless of Employee Requests

Employer Liability under FLSA for Required Overtime Regardless of Employee Requests

Date: Aug 26, 2023
Employer Liability under FLSA for Required Overtime Regardless of Employee Requests Introduction In the landmark case Chaz Perry, Wayne Askew, Brandan Bass, James Beddia, Frantz Bonneau, et al. v....
Second Circuit Establishes "Deviates Materially" Standard for FTCA Damages Under New York Law in Gonzalez v. USA

Second Circuit Establishes "Deviates Materially" Standard for FTCA Damages Under New York Law in Gonzalez v. USA

Date: Aug 25, 2023
Second Circuit Establishes "Deviates Materially" Standard for FTCA Damages Under New York Law in Gonzalez v. USA Introduction In the landmark case of Miriam Gonzalez v. United States of America,...
Establishing Article III Standing in Data Breach Cases: Bohnak v. Marsh & McLennan Companies, Inc.

Establishing Article III Standing in Data Breach Cases: Bohnak v. Marsh & McLennan Companies, Inc.

Date: Aug 25, 2023
Establishing Article III Standing in Data Breach Cases: Bohnak v. Marsh & McLennan Companies, Inc. Introduction The case Nancy Bohnak v. Marsh & McLennan Companies, Inc. represents a significant...
New Precedence in Disability Accommodation and Retaliation Claims: Tafolla v. County of Suffolk

New Precedence in Disability Accommodation and Retaliation Claims: Tafolla v. County of Suffolk

Date: Aug 19, 2023
New Precedence in Disability Accommodation and Retaliation Claims: Tafolla v. County of Suffolk Introduction The case of Kim L. Tafolla v. Edward Heilig, Division Chief, Joseph Carroll, County of...
Reevaluation of CAFA's Coupon Settlement Provisions: Insights from Moses v. The New York Times Company

Reevaluation of CAFA's Coupon Settlement Provisions: Insights from Moses v. The New York Times Company

Date: Aug 18, 2023
Reevaluation of CAFA's Coupon Settlement Provisions: Insights from Moses v. The New York Times Company Introduction In the landmark case of Maribel Moses v. The New York Times Company, the United...
Mootness of Arbitration Award Confirmations and Upholding Confidentiality under the FAA: Insights from Stafford v. IBM

Mootness of Arbitration Award Confirmations and Upholding Confidentiality under the FAA: Insights from Stafford v. IBM

Date: Aug 15, 2023
Mootness of Arbitration Award Confirmations and Upholding Confidentiality under the FAA: Insights from Stafford v. IBM Introduction Stafford v. International Business Machines Corporation (IBM), 78...
Second Circuit Affirms Dismissal of Discrimination and Retaliation Claims in Carr v. NYCTA: Clarifying Standards for Pretext and Material Adversity

Second Circuit Affirms Dismissal of Discrimination and Retaliation Claims in Carr v. NYCTA: Clarifying Standards for Pretext and Material Adversity

Date: Aug 8, 2023
Second Circuit Affirms Dismissal of Discrimination and Retaliation Claims in Carr v. NYCTA: Clarifying Standards for Pretext and Material Adversity Introduction In the case of Jennifer Berkeley Carr...
Second Circuit Affirms Connecticut's Repeal of Religious Vaccination Exemptions as Neutral and Generally Applicable

Second Circuit Affirms Connecticut's Repeal of Religious Vaccination Exemptions as Neutral and Generally Applicable

Date: Aug 5, 2023
Second Circuit Affirms Connecticut's Repeal of Religious Vaccination Exemptions as Neutral and Generally Applicable Introduction In the case of We The Patriots USA, Inc.; CT Freedom Alliance, LLC; et...
Enforcement of Arbitration and Confidentiality Provisions in Employment Separation Agreements under the FAA

Enforcement of Arbitration and Confidentiality Provisions in Employment Separation Agreements under the FAA

Date: Aug 5, 2023
Enforcement of Arbitration and Confidentiality Provisions in Employment Separation Agreements under the FAA Introduction The case In re: IBM Arbitration Agreement Litigation v. International Business...
Enhancing Judicial Impartiality: Second Circuit's Ruling on Recusal Standards in Rechnitz v. United States

Enhancing Judicial Impartiality: Second Circuit's Ruling on Recusal Standards in Rechnitz v. United States

Date: Jul 27, 2023
Enhancing Judicial Impartiality: Second Circuit's Ruling on Recusal Standards in Rechnitz v. United States Introduction The case of United States of America v. Jona Rechnitz (75 F.4th 131)...
Forum Selection Clauses and Subject Matter Jurisdiction: Rabinowitz v. Kelman - A New Precedent

Forum Selection Clauses and Subject Matter Jurisdiction: Rabinowitz v. Kelman - A New Precedent

Date: Jul 25, 2023
Forum Selection Clauses and Subject Matter Jurisdiction: Rabinowitz v. Kelman - A New Precedent Introduction The case of Benzion Rabinowitz v. Levi Kelman, decided by the United States Court of...
Second Circuit Clarifies Rooker-Feldman Doctrine: Federal Suits Remain Viable Amid Pending State Appeals

Second Circuit Clarifies Rooker-Feldman Doctrine: Federal Suits Remain Viable Amid Pending State Appeals

Date: Jul 22, 2023
Second Circuit Clarifies Rooker-Feldman Doctrine: Federal Suits Remain Viable Amid Pending State Appeals Introduction The case of Dominique Hunter v. Cheryl McMahon et al. delves into the interplay...
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