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  • Commentaries
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2d Circuit Case Commentaries

Inquiry Notice Standard Established for Lack of Good Faith in SIPA Liquidations

Inquiry Notice Standard Established for Lack of Good Faith in SIPA Liquidations

Date: Aug 31, 2021
Inquiry Notice Standard Established for Lack of Good Faith in SIPA Liquidations Introduction The case of In Re: Bernard L. Madoff Investment Securities LLC addressed significant issues arising from...
Tantaros v. Fox News: Federal Preemption of New York's Mandatory Arbitration Restrictions

Tantaros v. Fox News: Federal Preemption of New York's Mandatory Arbitration Restrictions

Date: Aug 28, 2021
Tantaros v. Fox News: Federal Preemption of New York's Mandatory Arbitration Restrictions Introduction The case of Andrea K. Tantaros v. Fox News Network, LLC, adjudicated by the United States Court...
Enhanced Disclosure Obligations for Forensic Examiners Under BRADY v. MARYLAND: Insights from Horn v. Stephenson

Enhanced Disclosure Obligations for Forensic Examiners Under BRADY v. MARYLAND: Insights from Horn v. Stephenson

Date: Aug 27, 2021
Enhanced Disclosure Obligations for Forensic Examiners Under BRADY v. MARYLAND: Insights from Horn v. Stephenson Introduction The case of Vernon Horn and Marquis Jackson v. James Stephenson et al....
Delegation of Arbitrability Issues to Arbitral Tribunals in Bilateral Investment Treaty Arbitration: Insights from Beijing Shougang Mining Inv. Co. v. Mongolia

Delegation of Arbitrability Issues to Arbitral Tribunals in Bilateral Investment Treaty Arbitration: Insights from Beijing Shougang Mining Inv. Co. v. Mongolia

Date: Aug 27, 2021
Delegation of Arbitrability Issues to Arbitral Tribunals in Bilateral Investment Treaty Arbitration: Insights from Beijing Shougang Mining Inv. Co. v. Mongolia Introduction The case of Beijing...
Reinforcement of Standing Doctrine in FASORP v. NYU: Implications for Future Litigation

Reinforcement of Standing Doctrine in FASORP v. NYU: Implications for Future Litigation

Date: Aug 26, 2021
Reinforcement of Standing Doctrine in FASORP v. NYU: Implications for Future Litigation Introduction In the landmark case Faculty, Alumni, and Students Opposed to Racial Preferences (FASORP) v. New...
Inadequate Disclaimer and Misleading Representations: Second Circuit Parts Affirm, Vacates, and Remands in Montgomery v. Stanley Black & Decker

Inadequate Disclaimer and Misleading Representations: Second Circuit Parts Affirm, Vacates, and Remands in Montgomery v. Stanley Black & Decker

Date: Aug 26, 2021
Inadequate Disclaimer and Misleading Representations: Second Circuit Parts Affirm, Vacates, and Remands in Montgomery v. Stanley Black & Decker Introduction The case of William Montgomery and Donald...
Internal Relocation as a Factor in Asylum Determinations: Analysis of Singh v. Garland

Internal Relocation as a Factor in Asylum Determinations: Analysis of Singh v. Garland

Date: Aug 26, 2021
Internal Relocation as a Factor in Asylum Determinations: Analysis of Singh v. Garland Introduction Jagdeep Singh v. Merrick Garland is a pivotal case adjudicated by the United States Court of...
2nd Circuit Determines Connecticut's §52-190a Procedural, Not Applicable in FTCA Medical Malpractice Actions

2nd Circuit Determines Connecticut's §52-190a Procedural, Not Applicable in FTCA Medical Malpractice Actions

Date: Aug 26, 2021
2nd Circuit Determines Connecticut's §52-190a Procedural, Not Applicable in FTCA Medical Malpractice Actions Introduction In the landmark case of Royce Corley v. United States of America, the United...
Non-Disclosure of Uncharged Wrongdoing Not Actionable in Securities Fraud Claims: An In-Depth Analysis of the Second Circuit's Decision in Plumber & Steamfitters v. Danske Bank

Non-Disclosure of Uncharged Wrongdoing Not Actionable in Securities Fraud Claims: An In-Depth Analysis of the Second Circuit's Decision in Plumber & Steamfitters v. Danske Bank

Date: Aug 26, 2021
Non-Disclosure of Uncharged Wrongdoing Not Actionable in Securities Fraud Claims: An In-Depth Analysis of the Second Circuit's Decision in Plumber & Steamfitters v. Danske Bank Introduction The case...
Ensuring Meaningful Access: Second Circuit Reaffirms Duty of Public Transit Authorities Under ADA and RA

Ensuring Meaningful Access: Second Circuit Reaffirms Duty of Public Transit Authorities Under ADA and RA

Date: Aug 24, 2021
Ensuring Meaningful Access: Second Circuit Reaffirms Duty of Public Transit Authorities Under ADA and RA Introduction In the landmark case Brooklyn Center for Independence of the Disabled v....
Tribune Company Fraudulent Conveyance Litigation: Second Circuit's Enforcement of Actual Intent Standard

Tribune Company Fraudulent Conveyance Litigation: Second Circuit's Enforcement of Actual Intent Standard

Date: Aug 21, 2021
Tribune Company Fraudulent Conveyance Litigation: Second Circuit's Enforcement of Actual Intent Standard Introduction In the case of IN RE: TRIBUNE COMPANY FRAUDULENT CONVEYANCE LITIGATION, the...
Second Circuit Clarifies Accrual of section 1983 Fair-Trial Claims in Smalls and Daniel Cases

Second Circuit Clarifies Accrual of section 1983 Fair-Trial Claims in Smalls and Daniel Cases

Date: Aug 21, 2021
Second Circuit Clarifies Accrual of section 1983 Fair-Trial Claims in Smalls and Daniel Cases Introduction The United States Court of Appeals for the Second Circuit delivered a pivotal decision on...
Impact of Material Omissions on Credibility in Asylum Proceedings: The Jian Liang Case

Impact of Material Omissions on Credibility in Asylum Proceedings: The Jian Liang Case

Date: Aug 20, 2021
Impact of Material Omissions on Credibility in Asylum Proceedings: The Jian Liang Case Introduction The case of Jian Liang v. Merrick B. Garland (10 F.4th 106) represents a significant precedent in...
Reaffirmation of Objective Reasonableness in Terry Frisks: United States v. Weaver

Reaffirmation of Objective Reasonableness in Terry Frisks: United States v. Weaver

Date: Aug 17, 2021
Reaffirmation of Objective Reasonableness in Terry Frisks: United States v. Weaver Introduction In the appellate case United States of America v. Calvin Weaver, 9 F.4th 129 (2021), the United States...
NYU's Fiduciary Duties under ERISA: Comprehensive Analysis of the Sacerdote v. NYU Judgment

NYU's Fiduciary Duties under ERISA: Comprehensive Analysis of the Sacerdote v. NYU Judgment

Date: Aug 17, 2021
NYU's Fiduciary Duties under ERISA: Comprehensive Analysis of the Sacerdote v. NYU Judgment Introduction The case of Dr. Alan Sacerdote et al. v. New York University, heard in the United States Court...
Affirmation of Dismissal in ERISA Delinquent Contribution Claim: Division 1181 ATU-NY Employees Pension Fund v. NYC Department of Education

Affirmation of Dismissal in ERISA Delinquent Contribution Claim: Division 1181 ATU-NY Employees Pension Fund v. NYC Department of Education

Date: Aug 14, 2021
Affirmation of Dismissal in ERISA Delinquent Contribution Claim: Division 1181 ATU-NY Employees Pension Fund v. NYC Department of Education Introduction The case of Division 1181 Amalgamated Transit...
Organizational Standing in Equal Protection Claims: Insights from Connecticut Parents Union v. Russell-Tucker

Organizational Standing in Equal Protection Claims: Insights from Connecticut Parents Union v. Russell-Tucker

Date: Aug 12, 2021
Organizational Standing in Equal Protection Claims: Insights from Connecticut Parents Union v. Russell-Tucker Introduction In the landmark case of Connecticut Parents Union v. Charlene...
Covered Offenses under the First Step Act: Multi-Object Conspiracies Involving Crack Cocaine

Covered Offenses under the First Step Act: Multi-Object Conspiracies Involving Crack Cocaine

Date: Aug 5, 2021
Covered Offenses under the First Step Act: Multi-Object Conspiracies Involving Crack Cocaine Introduction In the case United States of America v. Martell Jordan (7 F.4th 105, Second Circuit, 2021),...
Non-Jurisdictional Exhaustion in Compassionate Release: United States v. Saladino

Non-Jurisdictional Exhaustion in Compassionate Release: United States v. Saladino

Date: Aug 5, 2021
Non-Jurisdictional Exhaustion in Compassionate Release: United States v. Saladino Introduction In the appellate case United States of America v. Anthony Saladino, the Second Circuit Court of Appeals...
Affirmation of RICO Conspiracy and Reinstatement of VICAR and Firearm Charges in Howard Case

Affirmation of RICO Conspiracy and Reinstatement of VICAR and Firearm Charges in Howard Case

Date: Aug 4, 2021
Affirmation of RICO Conspiracy and Reinstatement of VICAR and Firearm Charges in Howard Case Introduction The case of United States of America v. Christopher Howard (7 F.4th 90) adjudicated by the...
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