2d Circuit Case Commentaries

Second Circuit Limits on Punitive Sanctions under Bankruptcy Rule 3002.1: PHH Mortgage Corp. v. Sensenich

Date: Aug 3, 2021

Second Circuit Limits on Punitive Sanctions under Bankruptcy Rule 3002.1: PHH Mortgage Corp. v. Sensenich Introduction The case of PHH Mortgage Corporation, Creditor-Appellant, v. Jan M. Sensenich,...

Second Circuit Clarifies Expectation Damages and Personal Liability in Moreno-Godoy v. Kartagener

Date: Jul 31, 2021

Second Circuit Clarifies Expectation Damages and Personal Liability in Moreno-Godoy v. Kartagener Introduction The case of Luis Felipe Moreno-Godoy v. Steven R. Kartagener, Esq., et al., decided by...

Second Circuit Clarifies Reinsurance Defense Cost Obligations: Must Be Within Policy Limits

Date: Jul 30, 2021

Second Circuit Clarifies Reinsurance Defense Cost Obligations: Must Be Within Policy Limits Introduction The case of Utica Mutual Insurance Company v. Munich Reinsurance America, Inc. and Century...

Second Amendment Protections and Undocumented Immigrants: Analyzing United States v. Javier Perez

Date: Jul 30, 2021

Second Amendment Protections and Undocumented Immigrants: Analyzing United States v. Javier Perez Introduction United States of America v. Javier Perez is a pivotal case decided by the United States...

Establishing a Constitutionally Protected Property Interest in MLTCs' Initial Personal Care Service Determinations: Second Circuit's Decision in Bellin v. Zucker

Date: Jul 30, 2021

Establishing a Constitutionally Protected Property Interest in MLTCs' Initial Personal Care Service Determinations: Second Circuit's Decision in Bellin v. Zucker Introduction In Bellin v. Zucker, the...

Enforcement of Arbitration Agreements and Equitable Estoppel: Insights from Doe v. Trump Corp.

Date: Jul 29, 2021

Enforcement of Arbitration Agreements and Equitable Estoppel: Insights from Doe v. Trump Corp. Introduction In the landmark case of Jane Doe, Luke Loe, Richard Roe, Mary Moe, Individually and On...

Vacating Preliminary Injunction in Firearm Permit Fingerprinting Suspension Case

Date: Jul 29, 2021

Vacating Preliminary Injunction in Firearm Permit Fingerprinting Suspension Case Introduction The case of Connecticut Citizens Defense League, Inc. v. Lamont (6 F.4th 439) adjudicated by the United...

IGRA Preemption of Local Gambling Ordinances Affirmed: Cayuga Nation v. Tanner

Date: Jul 28, 2021

IGRA Preemption of Local Gambling Ordinances Affirmed: Cayuga Nation v. Tanner Introduction The case of Cayuga Nation, Clint Halftown, Timothy Twoguns, Gary Wheeler, Donald Emerson, Michael...

Reversing Dismissal: Second Circuit Upholds Individual Second Amendment Claims in Lambert Henry v. County of Nassau

Date: Jul 27, 2021

Reversing Dismissal: Second Circuit Upholds Individual Second Amendment Claims in Lambert Henry v. County of Nassau Introduction In the landmark case Lambert Henry v. County of Nassau, the United...

Delegation of Arbitrability in Arbitration Agreements: Insights from DDK Hotels LLC v. Williams-Sonoma, Inc.

Date: Jul 24, 2021

Delegation of Arbitrability in Arbitration Agreements: Insights from DDK Hotels LLC v. Williams-Sonoma, Inc. Introduction The case of DDK Hotels, LLC, et al. v. Williams-Sonoma, Inc. (6 F.4th 308)...

But-For Causation Essential in ADEA Age Discrimination Claims: Second Circuit Upholds Dismissal in Lively v. WAFRA

Date: Jul 24, 2021

But-For Causation Essential in ADEA Age Discrimination Claims: Second Circuit Upholds Dismissal in Lively v. WAFRA Introduction In Francis P. Lively v. WAFRA Investment Advisory Group, Inc., the...

Sanctions for Bad Faith Litigation: Liebowitz v. Bandshell Artist Management

Date: Jul 24, 2021

Sanctions for Bad Faith Litigation: Liebowitz v. Bandshell Artist Management Introduction The case of Richard P. Liebowitz, Liebowitz Law Firm, PLLC, Appellants versus Bandshell Artist Management,...

Second Circuit Affirms Non-Jurisdictional Nature of 28 U.S.C. §2462 and Upholds SEC's Enforcement Actions Against Securities Fraud

Date: Jul 23, 2021

Second Circuit Affirms Non-Jurisdictional Nature of 28 U.S.C. §2462 and Upholds SEC's Enforcement Actions Against Securities Fraud Introduction In the landmark case of Securities and Exchange...

Second Circuit Seeks Connecticut Supreme Court Guidance on FDCA Preemption in Bausch & Lomb Product Liability Case

Date: Jul 21, 2021

Second Circuit Seeks Connecticut Supreme Court Guidance on FDCA Preemption in Bausch & Lomb Product Liability Case Introduction The case of Marjorie Glover and Charles Glover v. Bausch & Lomb...

Affirming Securities Fraud and Conspiracy Convictions in United States v. Khalupsky & Korchevsky

Date: Jul 20, 2021

Affirming Securities Fraud and Conspiracy Convictions in United States v. Khalupsky & Korchevsky Introduction In the landmark case United States v. Vladislav Khalupsky and Vitaly Korchevsky, the...

Narrow Interpretation of Educational Benefits Under §523(a)(8)(A)(ii) Affirms Dischargeability of Private Student Loans

Date: Jul 16, 2021

Narrow Interpretation of Educational Benefits Under §523(a)(8)(A)(ii) Affirms Dischargeability of Private Student Loans Introduction In the landmark case of Hilal K. HOMAIDAN v. SALLIE MAE, INC.,...

Establishing Withdrawal Protocols: Cassidy v. Fleming and the Limitation of Anders in Compassionate Release Appeals

Date: Jul 15, 2021

Establishing Withdrawal Protocols: Cassidy v. Fleming and the Limitation of Anders in Compassionate Release Appeals Introduction In the appellate case of United States of America v. Warren Fleming, 5...

Special Needs Doctrine Affirmed in United States v. Braggs

Date: Jul 14, 2021

Special Needs Doctrine Affirmed in United States v. Braggs Introduction In United States of America v. Shammar Braggs, 5 F.4th 183 (2d Cir. 2021), the United States Court of Appeals for the Second...

Quintanilla-Mejia v. Garland: Clarifying the 'Particularity' and 'Social Distinction' Requirements for Withholding of Removal and CAT Relief

Date: Jul 10, 2021

Quintanilla-Mejia v. Garland: Clarifying the 'Particularity' and 'Social Distinction' Requirements for Withholding of Removal and CAT Relief Introduction Ricardo Quintanilla-Mejia, a citizen of El...

Concurrent Sentence Doctrine Applied in Collateral Attack: Kassir v. USA

Date: Jul 10, 2021

Concurrent Sentence Doctrine Applied in Collateral Attack: Kassir v. USA Introduction Oussama Kassir v. United States of America is a pivotal case decided by the United States Court of Appeals for...

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