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  • Commentaries
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2d Circuit Case Commentaries

Affirmation of Summary Judgment in ADA Discrimination and Retaliation Claims: Frantti v. State of New York

Affirmation of Summary Judgment in ADA Discrimination and Retaliation Claims: Frantti v. State of New York

Date: Mar 10, 2021
Affirmation of Summary Judgment in ADA Discrimination and Retaliation Claims: Frantti v. State of New York Introduction In Frantti v. State of New York, the plaintiff, Travis Jarrett Frantti, filed a...
Affirmation of Decertification in Class Action: Jin v. Shanghai Original, Inc.

Affirmation of Decertification in Class Action: Jin v. Shanghai Original, Inc.

Date: Mar 10, 2021
Affirmation of Decertification in Class Action: Jin v. Shanghai Original, Inc. Introduction The case of Jianmin Jin v. Shanghai Original, Inc., DBA Joe's Shanghai addresses critical issues...
Chevron v. Donziger: Clarifying Injunction Interpretation and Contempt Proceedings

Chevron v. Donziger: Clarifying Injunction Interpretation and Contempt Proceedings

Date: Mar 5, 2021
Chevron v. Donziger: Clarifying Injunction Interpretation and Contempt Proceedings Introduction Chevron Corporation v. Steven Donziger is a landmark case adjudicated by the United States Court of...
SBA's Authority Under the CARES Act Affirmed in Pharaohs GC, Inc. v. SBA

SBA's Authority Under the CARES Act Affirmed in Pharaohs GC, Inc. v. SBA

Date: Mar 5, 2021
SBA's Authority Under the CARES Act Affirmed in Pharaohs GC, Inc. v. SBA Introduction In the case of Pharaohs GC, Inc. v. United States Small Business Administration, adjudicated by the United States...
Clive v. Cooper: Reevaluating Arbitration Agreements in ERISA Fiduciary Breach Claims

Clive v. Cooper: Reevaluating Arbitration Agreements in ERISA Fiduciary Breach Claims

Date: Mar 5, 2021
Clive v. Cooper: Reevaluating Arbitration Agreements in ERISA Fiduciary Breach Claims Introduction In the landmark case Clive v. Cooper, the United States Court of Appeals for the Second Circuit...
Affirmation of Fourth Amendment Violation: Clear Rejection of Unsubstantiated Hunches in Police Detentions

Affirmation of Fourth Amendment Violation: Clear Rejection of Unsubstantiated Hunches in Police Detentions

Date: Mar 5, 2021
Affirmation of Fourth Amendment Violation: Clear Rejection of Unsubstantiated Hunches in Police Detentions Introduction In the landmark case Kim Vasquez v. Detective Chris G. Maloney et al.,...
Second Circuit Establishes Precedent: School Districts Cannot Unilaterally Amend IEPs During Resolution Period under IDEA

Second Circuit Establishes Precedent: School Districts Cannot Unilaterally Amend IEPs During Resolution Period under IDEA

Date: Mar 4, 2021
Second Circuit Establishes Precedent: School Districts Cannot Unilaterally Amend IEPs During Resolution Period under IDEA Introduction The United States Court of Appeals for the Second Circuit, in...
Omission as Use of Physical Force Under ACCA: The Gerald Scott En Banc Decision

Omission as Use of Physical Force Under ACCA: The Gerald Scott En Banc Decision

Date: Mar 3, 2021
Omission as Use of Physical Force Under ACCA: The Gerald Scott En Banc Decision Introduction The case of United States of America v. Gerald Scott, decided by the United States Court of Appeals for...
Dismissal of Appeal as Moot in Compassionate Release Motion: Upholding the Mootness Doctrine in the Second Circuit

Dismissal of Appeal as Moot in Compassionate Release Motion: Upholding the Mootness Doctrine in the Second Circuit

Date: Mar 3, 2021
Dismissal of Appeal as Moot in Compassionate Release Motion: Upholding the Mootness Doctrine in the Second Circuit Introduction The case of United States of America v. Hermie Glynn Chestnut serves as...
Second Circuit Affirms Attempted Federal Bank Robbery as a Crime of Violence Under 18 U.S.C. § 924(c)(1)(A)

Second Circuit Affirms Attempted Federal Bank Robbery as a Crime of Violence Under 18 U.S.C. § 924(c)(1)(A)

Date: Mar 2, 2021
Second Circuit Affirms Attempted Federal Bank Robbery as a Crime of Violence Under 18 U.S.C. § 924(c)(1)(A) Introduction In the case of Keith Collier, Petitioner-Appellant, v. United States of...
Second Circuit Reaffirms Non-Eligibility of Anti-Gang Opposition as Political Opinion for Asylum Claims

Second Circuit Reaffirms Non-Eligibility of Anti-Gang Opposition as Political Opinion for Asylum Claims

Date: Feb 27, 2021
Second Circuit Reaffirms Non-Eligibility of Anti-Gang Opposition as Political Opinion for Asylum Claims Introduction In the case of Douglas Adrian Zelaya-Moreno v. Robert M. Wilkinson Acting United...
Reckless Disregard Standard in Defamation Per Se: Powell v. Jones-Soderman

Reckless Disregard Standard in Defamation Per Se: Powell v. Jones-Soderman

Date: Feb 27, 2021
Reckless Disregard Standard in Defamation Per Se: Powell v. Jones-Soderman Introduction Powell v. Jones-Soderman is a pivotal case adjudicated by the United States Court of Appeals for the Second...
Determining Tort Liability in Improper Levies under CPLR Article 52: Insights from FutureNet v. GTR Source

Determining Tort Liability in Improper Levies under CPLR Article 52: Insights from FutureNet v. GTR Source

Date: Feb 24, 2021
Determining Tort Liability in Improper Levies under CPLR Article 52: Insights from FutureNet v. GTR Source Introduction The case of Plymouth Venture Partners, II, L.P., Plymouth Management Company in...
Reaffirming the "As Opportunities Arise" Theory: Comprehensive Analysis of United States of America v. Dean and Adam Skelos

Reaffirming the "As Opportunities Arise" Theory: Comprehensive Analysis of United States of America v. Dean and Adam Skelos

Date: Feb 24, 2021
Reaffirming the "As Opportunities Arise" Theory: Comprehensive Analysis of United States of America v. Dean and Adam Skelos Introduction The case of United States of America v. Dean Skelos and Adam...
Affirmation of Arbitration Interpretation under IGRA: Seneca Nation of Indians v. State of New York

Affirmation of Arbitration Interpretation under IGRA: Seneca Nation of Indians v. State of New York

Date: Feb 23, 2021
Affirmation of Arbitration Interpretation under IGRA: Seneca Nation of Indians v. State of New York Introduction The case of Seneca Nation of Indians v. State of New York, adjudicated by the United...
Specific Misrepresentations Survive Dismissal: Second Circuit's Ruling in In Re Synchrony Financial Securities Litigation

Specific Misrepresentations Survive Dismissal: Second Circuit's Ruling in In Re Synchrony Financial Securities Litigation

Date: Feb 17, 2021
Specific Misrepresentations Survive Dismissal: Second Circuit's Ruling in In Re Synchrony Financial Securities Litigation Introduction The case of In Re: Synchrony Financial Securities Litigation...
Second Circuit Clarifies Statute of Limitations for Equitable Claims in Cigna v. BioHealth Laboratories

Second Circuit Clarifies Statute of Limitations for Equitable Claims in Cigna v. BioHealth Laboratories

Date: Feb 11, 2021
Second Circuit Clarifies Statute of Limitations for Equitable Claims in Cigna v. BioHealth Laboratories Introduction The case of Connecticut General Life Insurance Company and Cigna Health and Life...
Affirmation of New York's Enhanced Party-Qualification Requirements: Upholding State Interests in Electoral Integrity

Affirmation of New York's Enhanced Party-Qualification Requirements: Upholding State Interests in Electoral Integrity

Date: Feb 11, 2021
Affirmation of New York's Enhanced Party-Qualification Requirements: Upholding State Interests in Electoral Integrity Introduction In the case of SAM Party of New York, Michael J. Volpe,...
Electra v. 59 Murray Enterprises: Enforceability of Photo Releases Under New York Civil Rights Law §§ 50-51

Electra v. 59 Murray Enterprises: Enforceability of Photo Releases Under New York Civil Rights Law §§ 50-51

Date: Feb 10, 2021
Electra v. 59 Murray Enterprises: Enforceability of Photo Releases Under New York Civil Rights Law §§ 50-51 Introduction In the landmark case of Electra v. 59 Murray Enterprises, Inc., the United...
Reaffirming District Court Discretion in Awarding Attorney's Fees under 42 U.S.C. §1988: Insights from HECTOR GARCIA ORTIZ v. THE CITY OF NEW YORK

Reaffirming District Court Discretion in Awarding Attorney's Fees under 42 U.S.C. §1988: Insights from HECTOR GARCIA ORTIZ v. THE CITY OF NEW YORK

Date: Feb 2, 2021
Reaffirming District Court Discretion in Awarding Attorney's Fees under 42 U.S.C. §1988: Insights from HECTOR GARCIA ORTIZ v. THE CITY OF NEW YORK Introduction The case of Hector Garcia Ortiz v. The...
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