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  • Commentaries
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2d Circuit Case Commentaries

Reaffirmation of Prohibition Against Hybrid Representation in Appellate Proceedings: United States v. Salim

Reaffirmation of Prohibition Against Hybrid Representation in Appellate Proceedings: United States v. Salim

Date: Jul 21, 2023
Reaffirmation of Prohibition Against Hybrid Representation in Appellate Proceedings Introduction United States v. Salim, 74 F.4th 90 (2d Cir. 2023), addresses a critical issue in appellate criminal...
Expanded Scope of FCRA Under Sessa v. TransUnion: Eliminating Legal Thresholds for Reporting Accuracy

Expanded Scope of FCRA Under Sessa v. TransUnion: Eliminating Legal Thresholds for Reporting Accuracy

Date: Jul 18, 2023
Expanded Scope of FCRA Under Sessa v. TransUnion: Eliminating Legal Thresholds for Reporting Accuracy Introduction In the landmark case of Gia Sessa v. TransUnion, LLC, the United States Court of...
Deference to Arbitral Tribunals on Arbitrability Issues in Bilateral Investment Treaties: Insights from Olin Holdings Ltd. v. State of Libya

Deference to Arbitral Tribunals on Arbitrability Issues in Bilateral Investment Treaties: Insights from Olin Holdings Ltd. v. State of Libya

Date: Jul 13, 2023
Deference to Arbitral Tribunals on Arbitrability Issues in Bilateral Investment Treaties: Insights from Olin Holdings Ltd. v. State of Libya Introduction The case of Olin Holdings Limited v. State of...
Qualified Immunity in Excessive Force Claims: Martinez v. Hasper Establishes Clear Standards

Qualified Immunity in Excessive Force Claims: Martinez v. Hasper Establishes Clear Standards

Date: Jul 11, 2023
Qualified Immunity in Excessive Force Claims: Martinez v. Hasper Establishes Clear Standards Introduction Martinez v. Hasper is a pivotal case adjudicated by the United States Court of Appeals for...
Second Circuit Confirms Frivolous Asylum Determination Applies to Untimely Filings, Mandates Agency to Assess Notice

Second Circuit Confirms Frivolous Asylum Determination Applies to Untimely Filings, Mandates Agency to Assess Notice

Date: Jul 1, 2023
Second Circuit Confirms Frivolous Asylum Determination Applies to Untimely Filings, Mandates Agency to Assess Notice Introduction In the landmark case of Syed Kalim Ud Din & Syed Arsalan Ud Din v....
SEC v. Iftikar A. Ahmed: Landmark Ruling on Disgorgement and the Nominee Doctrine

SEC v. Iftikar A. Ahmed: Landmark Ruling on Disgorgement and the Nominee Doctrine

Date: Jun 29, 2023
SEC v. Iftikar A. Ahmed: Landmark Ruling on Disgorgement and the Nominee Doctrine Introduction In the notable case of United States Securities and Exchange Commission v. Iftikar A. Ahmed, the United...
Affirmation of Conviction in United States v. Discala: Implications for Securities Fraud Litigation

Affirmation of Conviction in United States v. Discala: Implications for Securities Fraud Litigation

Date: Jun 23, 2023
Affirmation of Conviction in United States v. Discala: Implications for Securities Fraud Litigation Introduction In the case of United States of America v. Abraxas J. Discala, the United States Court...
Establishing Pre-Enforcement Standing in Bubble Zone Regulations: Vitagliano v. County of Westchester

Establishing Pre-Enforcement Standing in Bubble Zone Regulations: Vitagliano v. County of Westchester

Date: Jun 22, 2023
Establishing Pre-Enforcement Standing in Bubble Zone Regulations: Vitagliano v. County of Westchester Introduction In the landmark case of Debra A. Vitagliano v. County of Westchester, the United...
Establishing Limits on Travel-Related Attorney Fees Under IDEA: Insights from H.C. v. NYCED

Establishing Limits on Travel-Related Attorney Fees Under IDEA: Insights from H.C. v. NYCED

Date: Jun 22, 2023
Establishing Limits on Travel-Related Attorney Fees Under IDEA: Insights from H.C. v. New York City Department of Education Introduction The case of H.C., individually, and on behalf of J.C., a child...
Second Circuit Establishes Personal Jurisdiction over Foreign Banks via Nested Correspondent Accounts in Anti-Terrorism Act Case

Second Circuit Establishes Personal Jurisdiction over Foreign Banks via Nested Correspondent Accounts in Anti-Terrorism Act Case

Date: Jun 17, 2023
Second Circuit Establishes Personal Jurisdiction over Foreign Banks via Nested Correspondent Accounts in Anti-Terrorism Act Case Introduction In the landmark case of Temima Spetner et al. v....
Upholding Immigration Proceedings Despite Alleged Pre-Hearing Violations: Analysis of Medley v. Garland

Upholding Immigration Proceedings Despite Alleged Pre-Hearing Violations: Analysis of Medley v. Garland

Date: Jun 16, 2023
Upholding Immigration Proceedings Despite Alleged Pre-Hearing Violations: Analysis of Medley v. Garland Introduction In the landmark case Leon Leonard Medley v. Merrick B. Garland, the United States...
Affirmation of Denial of Compassionate Release Based on § 3553(a) Factors

Affirmation of Denial of Compassionate Release Based on § 3553(a) Factors

Date: Jun 6, 2023
Affirmation of Denial of Compassionate Release Based on § 3553(a) Factors Introduction The case of United States of America v. Melvin Miller addressed the defendant's appeal against the denial of his...
Second Circuit Clarifies Limitations on Avoided Costs Damages Under DTSA in Syntel v. TriZetto

Second Circuit Clarifies Limitations on Avoided Costs Damages Under DTSA in Syntel v. TriZetto

Date: May 26, 2023
Second Circuit Clarifies Limitations on Avoided Costs Damages Under DTSA in Syntel v. TriZetto Disclaimer: This commentary is intended for informational purposes only and does not constitute legal...
Second Circuit Ruling: Fabricated Evidence as a Deprivation of Liberty under Due Process

Second Circuit Ruling: Fabricated Evidence as a Deprivation of Liberty under Due Process

Date: May 23, 2023
Second Circuit Ruling: Fabricated Evidence as a Deprivation of Liberty under Due Process Introduction In the case of Tommy Barnes v. City of New York, the United States Court of Appeals for the...
Recognizability as Crucial in False Endorsement Claims: Second Circuit Affirms Summary Judgment in Lanham Act Case

Recognizability as Crucial in False Endorsement Claims: Second Circuit Affirms Summary Judgment in Lanham Act Case

Date: May 20, 2023
Recognizability as Crucial in False Endorsement Claims: Second Circuit Affirms Summary Judgment in Lanham Act Case Introduction In the case of Alana Souza et al. v. Exotic Island Enterprises, Inc.,...
Second Circuit Establishes 'Crime of Violence' Parameter: Attempted Hobbs Act Robbery Excluded

Second Circuit Establishes 'Crime of Violence' Parameter: Attempted Hobbs Act Robbery Excluded

Date: May 19, 2023
Second Circuit Establishes 'Crime of Violence' Parameter: Attempted Hobbs Act Robbery Excluded Introduction The case of United States of America v. Elgin Brack before the United States Court of...
Mallek v. Allstate: Waiver of Late Legal Arguments and Evidentiary Requirements for Damages

Mallek v. Allstate: Waiver of Late Legal Arguments and Evidentiary Requirements for Damages

Date: May 19, 2023
Mallek v. Allstate: Waiver of Late Legal Arguments and Evidentiary Requirements for Damages Introduction In the appellate case Mallek v. Allstate Insurance Company, the United States Court of Appeals...
Amerisure v. Selective: Affirmation of Additional Insured Status and Coverage Priority

Amerisure v. Selective: Affirmation of Additional Insured Status and Coverage Priority

Date: May 10, 2023
Amerisure v. Selective: Affirmation of Additional Insured Status and Coverage Priority Introduction The case of Amerisure Insurance Company and Amerisure Mutual Insurance Company versus Selective...
Second Circuit Refines Summary Judgment Standards in Assault and Battery Claims: Oakley v. Dolan

Second Circuit Refines Summary Judgment Standards in Assault and Battery Claims: Oakley v. Dolan

Date: May 6, 2023
Second Circuit Refines Summary Judgment Standards in Assault and Battery Claims: Oakley v. Dolan Introduction In the landmark case Charles Oakley v. James Dolan, the United States Court of Appeals...
Arbitration in Collective Bargaining Agreements: Insights from Local Union 97 v. Niagara Mohawk Power Corporation

Arbitration in Collective Bargaining Agreements: Insights from Local Union 97 v. Niagara Mohawk Power Corporation

Date: May 4, 2023
Arbitration in Collective Bargaining Agreements: Insights from Local Union 97 v. Niagara Mohawk Power Corporation Introduction The legal landscape surrounding arbitration clauses in collective...
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