2d Circuit Case Commentaries

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...

Excusable Neglect in Appellate Procedure: Marion Alexander v. Andrew Saul

Date: Jul 9, 2021

Excusable Neglect in Appellate Procedure: Marion Alexander v. Andrew Saul Introduction In the case of Marion Alexander v. Andrew Saul, decided by the United States Court of Appeals for the Second...

Affirmation of 'Crime of Violence' Classification for Second-Degree Assault under U.S.S.G.

Date: Jul 9, 2021

Affirmation of 'Crime of Violence' Classification for Second-Degree Assault under U.S.S.G. §4B1.2(a)(1) Introduction In the case of United States of America v. Malik Saunders, the United States Court...

Second Circuit Recognizes Temporary Injuries as ADA-Qualifying Disabilities

Date: Jul 1, 2021

Second Circuit Recognizes Temporary Injuries as ADA-Qualifying Disabilities Introduction In the landmark case Davonte Hamilton v. Westchester County, the United States Court of Appeals for the Second...

Application of the Plausibility Standard in Maritime Limitation of Liability Claims

Date: Jun 24, 2021

Application of the Plausibility Standard in Maritime Limitation of Liability Claims Introduction The case of In the Matter of Christopher J. Bensch involves a significant legal discourse surrounding...

Second Circuit Clarifies Rooker-Feldman Doctrine: Allowing Constitutional Claims for Excess Property Value Losses in Municipal Foreclosure Programs

Date: Jun 24, 2021

Second Circuit Clarifies Rooker-Feldman Doctrine: Allowing Constitutional Claims for Excess Property Value Losses in Municipal Foreclosure Programs Introduction The case of McConnell Dorce, et al. v....

Second Circuit Clarifies Foreign Sovereign Immunity: Alter Ego Doctrine and Direct Benefits Estoppel Limited

Date: Jun 23, 2021

Second Circuit Clarifies Foreign Sovereign Immunity: Alter Ego Doctrine and Direct Benefits Estoppel Limited Introduction In the case of Gater Assets Limited v. AO Moldovagaz, Republic of Moldova,...

Affirmation of Fair Trial Rights and Interpretation of § 924(c) in United States v. Eldridge

Date: Jun 23, 2021

Affirmation of Fair Trial Rights and Interpretation of § 924(c) in United States v. Eldridge Introduction In United States v. Eldridge, the United States Court of Appeals for the Second Circuit...

Affirmation of CEA Jurisdiction Limits in Foreign Futures Trading: Choi v. Tower Research Capital LLC

Date: Jun 23, 2021

Affirmation of CEA Jurisdiction Limits in Foreign Futures Trading: Choi v. Tower Research Capital LLC Introduction In Choi v. Tower Research Capital LLC, the United States Court of Appeals for the...

Second Circuit Establishes Autopsy Reports as Testimonial Evidence Requiring Confrontation Opportunities

Date: Jun 12, 2021

Second Circuit Establishes Autopsy Reports as Testimonial Evidence Requiring Confrontation Opportunities Introduction The case of James Garlick versus Superintendent William Lee of the Eastern...

Establishing Secondary Liability for Non-Executive Individuals Under PACA: The Yadid Case

Date: Jun 10, 2021

Establishing Secondary Liability for Non-Executive Individuals Under PACA: The Yadid Case Introduction The case of S. Katzman Produce Inc. v. Eliran Yadid addresses the nuanced application of the...

OSHA Regulations as a Complete Defense in ADA Accommodation Claims: Salik Bey et al. v. City of New York

Date: Jun 10, 2021

OSHA Regulations as a Complete Defense in ADA Accommodation Claims: Salik Bey et al. v. City of New York Introduction In the landmark case Salik Bey, Terrel Joseph, Steven Seymour, Clyde Phillips v....

Second Circuit Revives JASTA Aiding and Abetting Claims Against Lebanese Canadian Bank

Date: Jun 10, 2021

Second Circuit Revives JASTA Aiding and Abetting Claims Against Lebanese Canadian Bank Introduction The appellate decision in Kaplan v. Lebanese Canadian Bank, SAL (999 F.3d 842) marks a significant...

Soliman v. Subway: Enhancing Standards for Conspicuous Arbitration Agreements

Date: Jun 9, 2021

Soliman v. Subway Franchisee Advertising Fund Trust, Ltd.: Enhancing Standards for Conspicuous Arbitration Agreements Introduction In the case of Marina Soliman, on behalf of herself and all others...

Broad Interpretation of 18 U.S.C. § 666(a)(2) in Bribery Scheme Case

Date: Jun 5, 2021

Broad Interpretation of 18 U.S.C. § 666(a)(2) in Bribery Scheme Case Introduction In the landmark case of United States of America v. Christian Dawkins, Merl Code, et al., the United States Court of...

DFS v. OCC: Second Circuit Clarifies Article III Standing in Federal Regulatory Challenges

Date: Jun 4, 2021

DFS v. OCC: Second Circuit Clarifies Article III Standing in Federal Regulatory Challenges Introduction In the case of Linda A. Lacewell v. Office of the Comptroller of the Currency, decided by the...

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