2d Circuit Case Commentaries

Affirmation of Sentencing in United States v. Fitzpatrick: Application of 18 U.S.C. § 2252A(a)(2)

Date: Nov 24, 2024

Affirmation of Sentencing in United States v. Fitzpatrick: Application of 18 U.S.C. § 2252A(a)(2) Introduction The case of United States of America v. Daniel R. Fitzpatrick involves the defendant,...

Affirmation of USCIS's Denial of Naturalization Application: Implications Under the Administrative Procedure Act

Date: Nov 24, 2024

Affirmation of USCIS's Denial of Naturalization Application: Implications Under the Administrative Procedure Act Introduction In the case of Nicholas Weir v. United States Citizenship and Immigration...

Second Circuit Affirms Enhanced Sentencing in §922(g)(1) Case: Proper Integration of Sentencing Enhancements and Pending Indictments

Date: Nov 24, 2024

Second Circuit Affirms Enhanced Sentencing in §922(g)(1) Case: Proper Integration of Sentencing Enhancements and Pending Indictments Introduction The case of United States of America v. Talmage...

Second Circuit Affirms Hewitt's Conviction: Upholding Waiver of Evidentiary Objections and Sentencing Rulings

Date: Nov 22, 2024

Second Circuit Affirms Hewitt's Conviction: Upholding Waiver of Evidentiary Objections and Sentencing Rulings Introduction In the case of United States of America v. Sean Hewitt, the United States...

Second Circuit Establishes Clear Distinction Between Adequacy and Typicality in Class Certification under Fed. R. Civ. P. 23

Date: Nov 22, 2024

Second Circuit Establishes Clear Distinction Between Adequacy and Typicality in Class Certification under Fed. R. Civ. P. 23 Introduction In the landmark case of Ji Dong Cheng v. HSBC Bank USA, N.A.,...

Affirmation of Summary Judgment in Doe v. New York University: Reinforcing Standards for Title IX Claims

Date: Nov 22, 2024

Affirmation of Summary Judgment in Doe v. New York University: Reinforcing Standards for Title IX Claims Introduction In the case of John Doe v. New York University, the Plaintiff-Appellant, John...

Denial of Asylum and CAT Relief: Najarro-Morales v. Garland Establishes Rigorous Standards for Social Group Recognition

Date: Nov 22, 2024

Denial of Asylum and CAT Relief: Najarro-Morales v. Garland Establishes Rigorous Standards for Social Group Recognition Introduction In the case of Franklin Antonio Najarro-Morales v. Merrick B....

Second Circuit Establishes Indivisibility of State Controlled Substance Statutes in Immigration Removals

Date: Nov 22, 2024

Second Circuit Establishes Indivisibility of State Controlled Substance Statutes in Immigration Removals Introduction The case of Paul Anthony Johnson v. Merrick Garland addresses critical issues...

Adverse Credibility Determinations in Asylum Cases: Insights from Sherpa v. Garland

Date: Nov 20, 2024

Adverse Credibility Determinations in Asylum Cases: Insights from Sherpa v. Garland Introduction The case of Dawa Gyalbu Sherpa v. Merrick B. Garland addresses pivotal issues in asylum law,...

Res Judicata Bars section 1983 Claims Following Hybrid Article 78 Proceedings

Date: Nov 15, 2024

Res Judicata Bars section 1983 Claims Following Hybrid Article 78 Proceedings Introduction The case Home Team 668 LLC v. The Town of East Hampton addresses the application of the legal doctrine of...

Enforcement of Oral Settlement Agreements: Insights from Patel v. Long Island University

Date: Nov 15, 2024

Enforcement of Oral Settlement Agreements: Insights from Patel v. Long Island University Introduction In the case of Sarsvatkumar Patel v. Long Island University, the United States Court of Appeals...

Second Circuit Upholds COVID-19 Vaccine Mandate Policies, Refining Religious Exemption Standards

Date: Nov 14, 2024

Second Circuit Upholds COVID-19 Vaccine Mandate Policies, Refining Religious Exemption Standards Introduction The case of New Yorkers for Religious Liberty, Inc. et al. v. City of New York et al....

Second Circuit Establishes Rights under 'Own Expense' Clause in Publishing Agreements for Online Platform Revenue Allocation

Date: Nov 7, 2024

Second Circuit Establishes Rights under 'Own Expense' Clause in Publishing Agreements for Online Platform Revenue Allocation Introduction In Flynn et al. v. McGraw Hill LLC and McGraw Hill Education,...

Sovereign Immunity Bars ADA Employment Discrimination and Retaliation Claims Against State Entities and Employees: Yerdon v. Poitras

Date: Nov 6, 2024

Sovereign Immunity Bars ADA Employment Discrimination and Retaliation Claims Against State Entities and Employees: Yerdon v. Poitras Introduction In the landmark case of Edward A. Yerdon v. Karin...

Reid v. Garland: Strengthening Safeguards for Incompetent Noncitizens in Removal Proceedings

Date: Nov 6, 2024

Reid v. Garland: Strengthening Safeguards for Incompetent Noncitizens in Removal Proceedings Introduction In the case of Everod Ray Anthony Reid v. Merrick B. Garland, 120 F.4th 1127 (2d Cir. 2024),...

Affirmation of Dismissal for Lack of Private Cause of Action under FFCRA and CARES Act

Date: Nov 5, 2024

Affirmation of Dismissal for Lack of Private Cause of Action under FFCRA and CARES Act Introduction The case of Murphy Medical Associates, LLC, Diagnostic and Medical Specialists of Greenwich, LLC,...

Sutton v. Tapscott & Castellac: Expansion of the Child Victims Act's Territorial Scope

Date: Nov 5, 2024

Sutton v. Tapscott & Castellac: Expansion of the Child Victims Act's Territorial Scope Introduction Carre Sutton, the Plaintiff-Appellant, initiated a civil lawsuit against Trudi Tapscott and Gerald...

Affirmation of Dismissal in Rowe Plastic Surgery v. Aetna Life Insurance Co.: Analysis of Contractual Reimbursement Dispute

Date: Sep 28, 2024

Affirmation of Dismissal in Rowe Plastic Surgery v. Aetna Life Insurance Co.: Analysis of Contractual Reimbursement Dispute Introduction The case of Rowe Plastic Surgery of New Jersey, L.L.C., Norman...

Reversal of Wire Fraud Convictions: United States v. Aiello et al.

Date: Sep 24, 2024

Reversal of Wire Fraud Convictions: United States v. Aiello et al. Introduction In the case of United States of America v. Steven Aiello, Joseph Gerardi, Louis Ciminelli, Alain Kaloyeros, AKA Dr. K.,...

Improper Removal Under the Well-Pleaded Complaint Rule: Insights from Herskovic v. Verizon Wireless

Date: Sep 18, 2024

Improper Removal Under the Well-Pleaded Complaint Rule: Insights from Herskovic v. Verizon Wireless Introduction Case: Yehuda Herskovic, Plaintiff-Appellant, v. Verizon Wireless, Defendant-Appellee....