2d Circuit Case Commentaries

Federal Common Law and Statutory Preemption Bar Municipal Climate Tort Claims: NYC v. Major Oil Corporations

Date: Apr 2, 2021

Federal Common Law and Statutory Preemption Bar Municipal Climate Tort Claims: NYC v. Major Oil Corporations Introduction Case: City of New York, Plaintiff-Appellant, v. Chevron Corporation,...

Dany Z. v. Commissioner: Reinforcing Proper Application of SSA’s Medical Opinion Evaluation Regulations in Disability Determination

Date: Apr 1, 2021

Dany Z. v. Commissioner: Reinforcing Proper Application of SSA’s Medical Opinion Evaluation Regulations in Disability Determination Introduction In the case of Dany Z., Plaintiff v. Andrew Saul,...

Affirmation of Conviction in Felder v. United States: Conditional Mens Rea, Expert Testimony, and Good-Faith Exception

Date: Apr 1, 2021

Affirmation of Conviction in Felder v. United States: Conditional Mens Rea, Expert Testimony, and Good-Faith Exception Introduction In United States v. Felder, the United States Court of Appeals for...

Second Circuit Clarifies Summary Judgment Standards for Excessive Force Claims in Correctional Settings

Date: Mar 30, 2021

Second Circuit Clarifies Summary Judgment Standards for Excessive Force Claims in Correctional Settings Introduction In the case of Jay Bradshaw v. The City of New York et al., adjudicated by the...

Excessive Force Claims under 42 U.S.C. § 1983: Ketcham v. City of Mount Vernon

Date: Mar 30, 2021

Excessive Force Claims under 42 U.S.C. § 1983: Ketcham v. City of Mount Vernon Introduction Ketcham v. City of Mount Vernon, 992 F.3d 144 (2d Cir. 2021), is a pivotal case addressing the standards...

Reaffirming Copyright Protections: The Andy Warhol Foundation v. Lynn Goldsmith Decision

Date: Mar 27, 2021

Reaffirming Copyright Protections: The Andy Warhol Foundation v. Lynn Goldsmith Decision Introduction The case of The Andy Warhol Foundation for the Visual Arts, Inc. v. Lynn Goldsmith marks a...

Establishing Standards for Probable Cause and Jury Instructions in Fabricated Evidence Claims: Insights from Ashley v. City of New York

Date: Mar 27, 2021

Establishing Standards for Probable Cause and Jury Instructions in Fabricated Evidence Claims: Insights from Ashley v. City of New York Introduction Ashley v. City of New York, 992 F.3d 128 (2d Cir....

Landlord Liability Under the Fair Housing Act: Control Required for Tenant-On-Tenant Harassment Claims

Date: Mar 26, 2021

Landlord Liability Under the Fair Housing Act: Control Required for Tenant-On-Tenant Harassment Claims Introduction In the landmark case Donahue Francis v. Kings Park Manor, Inc., adjudicated by the...

Expansion of Statute of Limitations for ACA Disability Discrimination Claims: Vega-Ruiz v. Northwell Health

Date: Mar 25, 2021

Expansion of Statute of Limitations for ACA Disability Discrimination Claims: Vega-Ruiz v. Northwell Health Introduction Vega-Ruiz v. Northwell Health is a seminal case decided by the United States...

Affirmation of ALJ's Decision in Snyder v. Saul: Weighting Medical Evidence in Disability Claims

Date: Mar 25, 2021

Affirmation of ALJ's Decision in Snyder v. Saul: Weighting Medical Evidence in Disability Claims Introduction Snyder v. Saul is a significant case decided by the United States Court of Appeals for...

Strict Enforcement of Local Rule 56.1 Leads to Affirmation of Summary Judgment in ADA Employment Discrimination Case

Date: Mar 25, 2021

Strict Enforcement of Local Rule 56.1 Leads to Affirmation of Summary Judgment in ADA Employment Discrimination Case Introduction The case of Anthony J. Genova, Jr. v. County of Nassau & George...

Affirmation of Aggravated Identity Theft in Asylum Fraud: United States v. Dumitru

Date: Mar 23, 2021

Affirmation of Aggravated Identity Theft in Asylum Fraud: United States v. Dumitru Introduction The case of United States of America v. Andreea Dumitru (991 F.3d 427) adjudicated by the United States...

Second Circuit Clarifies ADA's 'By Reason Of' Requirement and Upholds Objective Reasonableness Standard in Police Use of Force: Tardif v. City of New York

Date: Mar 19, 2021

Second Circuit Clarifies ADA's 'By Reason Of' Requirement and Upholds Objective Reasonableness Standard in Police Use of Force: Tardif v. City of New York Introduction In the landmark case Mary M....

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2d Circuit Case Commentaries

Federal Common Law and Statutory Preemption Bar Municipal Climate Tort Claims: NYC v. Major Oil Corporations

Dany Z. v. Commissioner: Reinforcing Proper Application of SSA’s Medical Opinion Evaluation Regulations in Disability Determination

Affirmation of Conviction in Felder v. United States: Conditional Mens Rea, Expert Testimony, and Good-Faith Exception

Second Circuit Clarifies Summary Judgment Standards for Excessive Force Claims in Correctional Settings

Excessive Force Claims under 42 U.S.C. § 1983: Ketcham v. City of Mount Vernon

Reaffirming Copyright Protections: The Andy Warhol Foundation v. Lynn Goldsmith Decision

Establishing Standards for Probable Cause and Jury Instructions in Fabricated Evidence Claims: Insights from Ashley v. City of New York

Landlord Liability Under the Fair Housing Act: Control Required for Tenant-On-Tenant Harassment Claims

Expansion of Statute of Limitations for ACA Disability Discrimination Claims: Vega-Ruiz v. Northwell Health

Affirmation of ALJ's Decision in Snyder v. Saul: Weighting Medical Evidence in Disability Claims

Strict Enforcement of Local Rule 56.1 Leads to Affirmation of Summary Judgment in ADA Employment Discrimination Case

Affirmation of Aggravated Identity Theft in Asylum Fraud: United States v. Dumitru

Second Circuit Clarifies ADA's 'By Reason Of' Requirement and Upholds Objective Reasonableness Standard in Police Use of Force: Tardif v. City of New York

Article III Standing Reaffirmed: Real Party Substitution in Fund Liquidation Holdings LLC v. Bank of America Corp.

Affirmation of RICO and Firearms Conviction in United States v. Jose Antonio Martinez

Clarifying the Court’s Inherent Power to Impose Sanctions for Bad-Faith Filings: ITM v. Verint Systems

Second Circuit Affirms New York's Absolute Fair Report Privilege in Defamation Suit Against National Media

Individual Named Plaintiffs Must Independently Indicate Intent to Appeal in Class Actions Under Fed. R. App. P. 3

Conn. Gen. Stat. §18-10b Declared Unconstitutional: Insights from Reynolds v. Quiros

Affirming Procedural Standing and Enforcing Statutes of Limitations in Affordable Housing Rent Increase Cases