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  • Commentaries
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2d Circuit Case Commentaries

CIT Bank v. Schiffman: Clarifying RPAPL §1304 and §1306 Compliance in Foreclosure Proceedings

CIT Bank v. Schiffman: Clarifying RPAPL §1304 and §1306 Compliance in Foreclosure Proceedings

Date: May 29, 2021
CIT Bank v. Schiffman: Clarifying RPAPL §1304 and §1306 Compliance in Foreclosure Proceedings Introduction In the landmark case CIT Bank N.A. v. Schiffman, the United States Court of Appeals for the...
Affirmation of Denial in Compassionate Release: United States v. Darren Robinson

Affirmation of Denial in Compassionate Release: United States v. Darren Robinson

Date: May 28, 2021
Affirmation of Denial in Compassionate Release: United States v. Darren Robinson Introduction The case of United States of America v. Darren Clay Robinson involves the defendant, Darren Robinson, who...
Affirmation of Established Doctrines: Rooker-Feldman, Domestic Relations Exception, and Judicial Immunity in Second Circuit Custody Case

Affirmation of Established Doctrines: Rooker-Feldman, Domestic Relations Exception, and Judicial Immunity in Second Circuit Custody Case

Date: May 25, 2021
Affirmation of Established Doctrines: Rooker-Feldman, Domestic Relations Exception, and Judicial Immunity in Second Circuit Custody Case Introduction In the decision Thomas v. Martin-Gibbons et al.,...
Uniformity in Bankruptcy Fees: Second Circuit Reverses on 2017 Amendment

Uniformity in Bankruptcy Fees: Second Circuit Reverses on 2017 Amendment

Date: May 25, 2021
Uniformity in Bankruptcy Fees: Second Circuit Reverses on 2017 Amendment Introduction The case of Clinton Nurseries, Inc. et al. v. William K. Harrington, United States Trustee before the United...
Second Circuit Establishes Limits on First Step Act's Scope for Crack Cocaine Offenses

Second Circuit Establishes Limits on First Step Act's Scope for Crack Cocaine Offenses

Date: May 20, 2021
Second Circuit Establishes Limits on First Step Act's Scope for Crack Cocaine Offenses Introduction In United States of America v. Shawn Young, 998 F.3d 43 (2d Cir. 2021), the United States Court of...
Second Circuit Affirms ALJ’s Use of Burgess Framework and Substantial Evidence in SSI Disability Determination

Second Circuit Affirms ALJ’s Use of Burgess Framework and Substantial Evidence in SSI Disability Determination

Date: May 15, 2021
Second Circuit Affirms ALJ’s Use of Burgess Framework and Substantial Evidence in SSI Disability Determination Introduction In James Bernard Curry v. Commissioner of Social Security, the United...
Establishing the Boundaries of Retaliation Claims in Employment Discrimination Cases

Establishing the Boundaries of Retaliation Claims in Employment Discrimination Cases

Date: May 13, 2021
Establishing the Boundaries of Retaliation Claims in Employment Discrimination Cases Introduction The case of Alan Quinones v. City of Binghamton (997 F.3d 461) presents significant insights into the...
Ineligibility of Drug-Related Murder Under the First Step Act: United States v. Gilliam

Ineligibility of Drug-Related Murder Under the First Step Act: United States v. Gilliam

Date: May 8, 2021
Ineligibility of Drug-Related Murder Under the First Step Act: United States v. Gilliam Introduction United States v. Gilliam is a pivotal case adjudicated by the United States Court of Appeals for...
Inmate Medical Emergencies and Administrative Remedy Requirements: Rucker v. Giffen Establishes New Precedent

Inmate Medical Emergencies and Administrative Remedy Requirements: Rucker v. Giffen Establishes New Precedent

Date: May 7, 2021
Inmate Medical Emergencies and Administrative Remedy Requirements: Rucker v. Giffen Establishes New Precedent Introduction In the landmark case of Anthony Rucker v. Robbin Giffen et al., the United...
FTCA Presentment Constitutes Notice, Not Proof – Collins v. United States Reversed

FTCA Presentment Constitutes Notice, Not Proof – Collins v. United States Reversed

Date: May 1, 2021
FTCA Presentment Constitutes Notice, Not Proof – Collins v. United States Reversed Introduction In the landmark case of Michael Collins v. United States of America, the United States Court of Appeals...
Eleventh Amendment Immunity Affirmed for State Boards Under Section 504 of the Rehabilitation Act

Eleventh Amendment Immunity Affirmed for State Boards Under Section 504 of the Rehabilitation Act

Date: Apr 29, 2021
Eleventh Amendment Immunity Affirmed for State Boards Under Section 504 of the Rehabilitation Act Introduction In the landmark case of T.W. Plaintiff-Appellee v. New York State Board of Law Examiners...
Clarifying Pleading Standards for Consumer Protection Claims: Schafer v. Direct Energy Services, LLC

Clarifying Pleading Standards for Consumer Protection Claims: Schafer v. Direct Energy Services, LLC

Date: Apr 28, 2021
Clarifying Pleading Standards for Consumer Protection Claims: Schafer v. Direct Energy Services, LLC Introduction In Schafer v. Direct Energy Services, LLC, the United States Court of Appeals for the...
Affirming the Two-Year Statute of Limitations under FLSA Unless Willfulness is Plausibly Alleged: Whiteside v. Hover-Davis

Affirming the Two-Year Statute of Limitations under FLSA Unless Willfulness is Plausibly Alleged: Whiteside v. Hover-Davis

Date: Apr 28, 2021
Affirming the Two-Year Statute of Limitations under FLSA Unless Willfulness is Plausibly Alleged: Whiteside v. Hover-Davis Introduction In Whiteside v. Hover-Davis, Inc., Universal Instruments...
Second Circuit Upholds Strong Inference of Scienter in Securities Fraud Case: Reinstatement of Market Manipulation Claims Against Credit Suisse and Janus

Second Circuit Upholds Strong Inference of Scienter in Securities Fraud Case: Reinstatement of Market Manipulation Claims Against Credit Suisse and Janus

Date: Apr 28, 2021
Second Circuit Upholds Strong Inference of Scienter in Securities Fraud Case: Reinstatement of Market Manipulation Claims Against Credit Suisse and Janus Introduction In the landmark case Set Capital...
Establishing Article III Standing in Data Breach Cases: Insights from McMorris v. Carlos Lopez & Associates

Establishing Article III Standing in Data Breach Cases: Insights from McMorris v. Carlos Lopez & Associates

Date: Apr 27, 2021
Establishing Article III Standing in Data Breach Cases: Insights from McMorris v. Carlos Lopez & Associates Introduction The case of Devonne McMorris v. Carlos Lopez & Associates, LLC addresses...
Hobbs Act Conspiracy Not Classified as a Crime of Violence: Landmark Ruling in United States v. McCoy and Nix

Hobbs Act Conspiracy Not Classified as a Crime of Violence: Landmark Ruling in United States v. McCoy and Nix

Date: Apr 23, 2021
Hobbs Act Conspiracy Not Classified as a Crime of Violence: Landmark Ruling in United States v. McCoy and Nix Introduction In the seminal case of United States of America v. Earl McCoy and Matthew...
Qualified Immunity Upheld for Federal Warden in Fifth Amendment Due Process Access Case

Qualified Immunity Upheld for Federal Warden in Fifth Amendment Due Process Access Case

Date: Apr 13, 2021
Qualified Immunity Upheld for Federal Warden in Fifth Amendment Due Process Access Case Introduction In the case of Male Dixon, aka James King, Plaintiff-Appellee versus Warden Barbara von...
Affirming Accuracy and Reasonable Interpretation Defense in FCRA Claims: Shimon v. Equifax

Affirming Accuracy and Reasonable Interpretation Defense in FCRA Claims: Shimon v. Equifax

Date: Apr 10, 2021
Affirming Accuracy and Reasonable Interpretation Defense in FCRA Claims: Shimon v. Equifax Introduction The case of Jacob Y. Shimon v. Equifax Information Services LLC (994 F.3d 88) involves a...
Reaffirming Managerial Discretion and Fiduciary Duties in LLC Agreements: Najjar Group LLC v. West 56th Hotel LLC

Reaffirming Managerial Discretion and Fiduciary Duties in LLC Agreements: Najjar Group LLC v. West 56th Hotel LLC

Date: Apr 6, 2021
Reaffirming Managerial Discretion and Fiduciary Duties in LLC Agreements: Najjar Group LLC v. West 56th Hotel LLC Introduction The case of The Najjar Group, LLC, Individually and as...
Second Circuit Affirms Aggravated Identity Theft in Technological Fraud: Expanding 18 U.S.C. § 1028A Application

Second Circuit Affirms Aggravated Identity Theft in Technological Fraud: Expanding 18 U.S.C. § 1028A Application

Date: Apr 2, 2021
Second Circuit Affirms Aggravated Identity Theft in Technological Fraud: Expanding 18 U.S.C. § 1028A Application Introduction The case of United States of America v. Darcy Wedd (993 F.3d 104)...
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