2d Circuit Case Commentaries

Address-of-Filing Deficiency in NTA Nonjurisdictional and 8 U.S.C. § 1326 Upheld: United States v. Suquilanda

Date: Sep 14, 2024

Address-of-Filing Deficiency in NTA Nonjurisdictional and 8 U.S.C. § 1326 Upheld: United States v. Suquilanda Introduction In the case of United States of America v. Manuel Antonio Suquilanda, the...

Harmless Error Standard Affirmed for Jury Size in Federal Criminal Trials

Date: Sep 7, 2024

Harmless Error Standard Affirmed for Jury Size in Federal Criminal Trials Introduction In the case of United States of America v. Rickey Johnson, decided on September 6, 2024, the United States Court...

Smakaj v. Garland: Affirming the Necessity of Reasonably Available Corroboration in Asylum Applications

Date: Sep 4, 2024

Smakaj v. Garland: Affirming the Necessity of Reasonably Available Corroboration in Asylum Applications Introduction Smakaj v. Garland is a pivotal case adjudicated by the United States Court of...

Standing Requires Concrete Injury-in-Fact for Statutory Damages: Guthrie v. Rainbow Fencing Inc.

Date: Aug 31, 2024

Standing Requires Concrete Injury-in-Fact for Statutory Damages: Guthrie v. Rainbow Fencing Inc. Introduction Guthrie v. Rainbow Fencing Inc. is a pivotal decision by the United States Court of...

Affirmation of Conspiracy to Commit Economic Espionage: Broad Interpretation of 18 U.S.C. §1831(a)

Date: Aug 29, 2024

Affirmation of Conspiracy to Commit Economic Espionage: Broad Interpretation of 18 U.S.C. §1831(a) Introduction In the landmark case of United States of America v. Xiaoqing Zheng, the United States...

Second Circuit Establishes Rigorous Standards for Rule 50 Judgments and Jury Instructions in Public Figure Defamation Cases

Date: Aug 29, 2024

Second Circuit Establishes Rigorous Standards for Rule 50 Judgments and Jury Instructions in Public Figure Defamation Cases Introduction In the landmark case of Sarah Palin v. The New York Times...

Brook v. Ruotolo: Affirmation of Dismissal of §1983 Claims Due to Conclusory Allegations

Date: Aug 24, 2024

Brook v. Ruotolo: Affirmation of Dismissal of §1983 Claims Due to Conclusory Allegations Introduction In the case of Adam Brook, M.D., Ph.D., Individually and as Executor of the Estate of Dr. Judith...

Second Circuit Establishes No Exception for Sophisticated Plaintiffs in Copyright Infringement Statute of Limitations

Date: Aug 17, 2024

Second Circuit Establishes No Exception for Sophisticated Plaintiffs in Copyright Infringement Statute of Limitations Introduction In the landmark case of Michael Grecco Productions, Inc. v....

Englert v. Lowerre: Affirmation of Habeas Corpus Denial in Child Sexual Abuse Conviction

Date: Aug 16, 2024

Englert v. Lowerre: Affirmation of Habeas Corpus Denial in Child Sexual Abuse Conviction Introduction In the case of Donald J. Englert, II v. Ernest Lowerre, decided on August 15, 2024, the United...

Affirmation of Trustee's Authority to Settle General Claims with Disputed Liens in Bankruptcy Proceedings

Date: Aug 16, 2024

Affirmation of Trustee's Authority to Settle General Claims with Disputed Liens in Bankruptcy Proceedings Introduction The case of In re Mark A. Nordlicht, Debtor v. Richard and Marisa Stadtmauer et...

Affirming Fourth Amendment Protections: Denial of Qualified Immunity in Prolonged Detention and Vehicle Searches

Date: Aug 13, 2024

Affirming Fourth Amendment Protections: Denial of Qualified Immunity in Prolonged Detention and Vehicle Searches Introduction The case of Basel M. Soukaneh v. Nicholas Andrzejewski addresses critical...

Second Circuit Affirms Voidability of Arbitration Agreements under EFAA for Continuing Hostile Work Environment Claims

Date: Aug 13, 2024

Second Circuit Affirms Voidability of Arbitration Agreements under EFAA for Continuing Hostile Work Environment Claims Introduction In the landmark case of Patricia Olivieri v. Stifel, Nicolaus &...

Second Circuit Reaffirms Limitations on Rule 59(e) Amendments to Jury Awarded Damages: Protecting Jury Verdict Integrity

Date: Aug 9, 2024

Second Circuit Reaffirms Limitations on Rule 59(e) Amendments to Jury Awarded Damages: Protecting Jury Verdict Integrity Introduction The case of Salamone and Rufstr Racing, LLC v. Douglas Marine...

Affirmation of Force Majeure Clauses in University Contracts: Michel v. Yale University

Date: Aug 8, 2024

Affirmation of Force Majeure Clauses in University Contracts: Michel v. Yale University Introduction In the wake of the COVID-19 pandemic, educational institutions nationwide faced unprecedented...

Established Obligation and Strict Pleading Standards in Reverse False Claims under the False Claims Act

Date: Aug 7, 2024

Established Obligation and Strict Pleading Standards in Reverse False Claims under the False Claims Act Introduction The case of Tamika Miller v. United States of America ex rel. Tamika Miller,...

Cox v. Department of Justice: Second Circuit Affirms Exclusion of Congressional Records from FOIA Disclosure

Date: Aug 6, 2024

Second Circuit Affirms Exclusion of Congressional Records from FOIA Disclosure in Cox v. Department of Justice Introduction The case of Douglas Cox v. Department of Justice, et al. revolves around...

Second Circuit Affirms Fraud Conspiracy Convictions While Clarifying Victim Status of Co-Conspirators under Sentencing Guidelines

Date: Aug 3, 2024

Second Circuit Affirms Fraud Conspiracy Convictions While Clarifying Victim Status of Co-Conspirators under Sentencing Guidelines Introduction In the case of United States of America v. Ryan...

Second Circuit Upholds Securities Fraud and Conspiracy Convictions in Boiler Room Pump-and-Dump Scheme

Date: Aug 2, 2024

Second Circuit Upholds Securities Fraud and Conspiracy Convictions in Boiler Room Pump-and-Dump Scheme Introduction The United States Court of Appeals for the Second Circuit affirmed the convictions...

Relation Back Rule Affirmed in Gudanowski v. Burrell: Second Circuit Upholds Summary Judgment

Date: Aug 1, 2024

Relation Back Rule Affirmed in Gudanowski v. Burrell: Second Circuit Upholds Summary Judgment Introduction In the case of Paul T. Gudanowski v. Darryl M. Burrell et al., the United States Court of...

Sentencing Standards and Jury Verdicts: Comprehensive Analysis of Martinez v. United States, Second Circuit

Date: Jul 31, 2024

Sentencing Standards and Jury Verdicts: Comprehensive Analysis of Martinez v. United States, Second Circuit Introduction In the landmark case of United States v. Carlos Martinez, the United States...