2d Circuit Case Commentaries

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

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

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

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

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

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

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

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

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

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

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

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

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,...

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,...

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