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  • Commentaries
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2d Circuit Case Commentaries

Scope of Employment Determination under FSHCAA and §1442 Removal: A Comprehensive Analysis of Agyin v. Razmzand

Scope of Employment Determination under FSHCAA and §1442 Removal: A Comprehensive Analysis of Agyin v. Razmzand

Date: Jan 27, 2021
Scope of Employment Determination under FSHCAA and §1442 Removal: A Comprehensive Analysis of Agyin v. Razmzand Introduction The case of Aisha Agyin v. Shahram Razmzand (986 F.3d 168) presents a...
Defining Extraterritorial Boundaries of Section 10(b) under the Securities Exchange Act: Cavello Bay Reinsurance Ltd. v. Spencer Capital Ltd.

Defining Extraterritorial Boundaries of Section 10(b) under the Securities Exchange Act: Cavello Bay Reinsurance Ltd. v. Spencer Capital Ltd.

Date: Jan 26, 2021
Defining Extraterritorial Boundaries of Section 10(b) under the Securities Exchange Act: Cavello Bay Reinsurance Ltd. v. Spencer Capital Ltd. Introduction The case of Cavello Bay Reinsurance Limited...
Standing in 42 U.S.C. § 1983 Claims: Reaffirming the Doctrine in Kallas v. Egan

Standing in 42 U.S.C. § 1983 Claims: Reaffirming the Doctrine in Kallas v. Egan

Date: Jan 23, 2021
Standing in 42 U.S.C. § 1983 Claims: Reaffirming the Doctrine in Kallas v. Egan Introduction In the case of Danos Kallas v. Theresa L. Egan, the United States Court of Appeals for the Second Circuit...
Second Circuit Clarifies Strict 90-Day Deadline for Defendant Substitution under FRCP 25(a)

Second Circuit Clarifies Strict 90-Day Deadline for Defendant Substitution under FRCP 25(a)

Date: Jan 20, 2021
Second Circuit Clarifies Strict 90-Day Deadline for Defendant Substitution under FRCP 25(a) Introduction In the landmark case of Kotler v. Jubert, the United States Court of Appeals for the Second...
Fraudulent Athletic Recruitment Scheme: Establishing Liability and Intent in Wire Fraud under NCAA Regulations

Fraudulent Athletic Recruitment Scheme: Establishing Liability and Intent in Wire Fraud under NCAA Regulations

Date: Jan 16, 2021
Fraudulent Athletic Recruitment Scheme: Establishing Liability and Intent in Wire Fraud under NCAA Regulations Introduction In the landmark case of UNITED STATES OF AMERICA v. JAMES GATTO et al., the...
Precedent on Religious Discrimination in Educational Funding: A.H. v. French

Precedent on Religious Discrimination in Educational Funding: A.H. v. French

Date: Jan 16, 2021
Precedent on Religious Discrimination in Educational Funding: A.H. v. French Introduction In the landmark case of A.H., by and through her parents and natural guardians, James Hester and Darlene...
Second Circuit Recognizes Conditional Release as a Substantive Due Process Liberty Interest, Yet Upholds Qualified Immunity

Second Circuit Recognizes Conditional Release as a Substantive Due Process Liberty Interest, Yet Upholds Qualified Immunity

Date: Jan 13, 2021
Second Circuit Recognizes Conditional Release as a Substantive Due Process Liberty Interest, Yet Upholds Qualified Immunity Introduction In Devar Hurd v. Stacey Fredenburgh, the United States Court...
Second Circuit Upholds Denial of First Step Act Sentence Reduction: Balancing Disciplinary Record and Offense Severity

Second Circuit Upholds Denial of First Step Act Sentence Reduction: Balancing Disciplinary Record and Offense Severity

Date: Jan 13, 2021
Second Circuit Upholds Denial of First Step Act Sentence Reduction: Balancing Disciplinary Record and Offense Severity Introduction In the case of United States of America v. Robert Morrison, the...
Affirmation of Absolute Prosecutorial Immunity in Malik v. City of New York

Affirmation of Absolute Prosecutorial Immunity in Malik v. City of New York

Date: Jan 12, 2021
Affirmation of Absolute Prosecutorial Immunity in Malik v. City of New York Introduction Malik v. City of New York, decided by the United States Court of Appeals for the Second Circuit on January 11,...
Younger Abstention Bars Federal Injunctions Against State-Court Termination of Appellate Stays in Foreclosure Proceedings

Younger Abstention Bars Federal Injunctions Against State-Court Termination of Appellate Stays in Foreclosure Proceedings

Date: Jan 7, 2021
Younger Abstention Bars Federal Injunctions Against State-Court Termination of Appellate Stays in Foreclosure Proceedings Introduction In this Second Circuit summary order, the court affirms a...
Second Circuit Upholds Dual FCPA and Money Laundering Convictions: Broad Interpretation of Unlawful Activity and Transaction Routing

Second Circuit Upholds Dual FCPA and Money Laundering Convictions: Broad Interpretation of Unlawful Activity and Transaction Routing

Date: Dec 30, 2020
Second Circuit Upholds Dual FCPA and Money Laundering Convictions: Broad Interpretation of Unlawful Activity and Transaction Routing Introduction In the notable case of United States of America v....
Court of Appeals Establishes Clear Limits on Supervisory Liability under the Eighth Amendment in Tangreti v. Bachmann

Court of Appeals Establishes Clear Limits on Supervisory Liability under the Eighth Amendment in Tangreti v. Bachmann

Date: Dec 29, 2020
Court of Appeals Establishes Clear Limits on Supervisory Liability under the Eighth Amendment in Tangreti v. Bachmann Introduction The case of Cara Tangreti v. Christine Bachmann (983 F.3d 609)...
Second Circuit Dismisses Constitutional Challenge to ITAR Licensing on Grounds of Mootness: Stagg v. U.S. Department of State

Second Circuit Dismisses Constitutional Challenge to ITAR Licensing on Grounds of Mootness: Stagg v. U.S. Department of State

Date: Dec 29, 2020
Second Circuit Dismisses Constitutional Challenge to ITAR Licensing on Grounds of Mootness: Stagg v. U.S. Department of State Introduction Stagg, P.C., Plaintiff-Appellant, a law firm specializing in...
Strict Scrutiny Standard Affirmed for COVID-19 Restrictions on Houses of Worship

Strict Scrutiny Standard Affirmed for COVID-19 Restrictions on Houses of Worship

Date: Dec 29, 2020
Strict Scrutiny Standard Affirmed for COVID-19 Restrictions on Houses of Worship Introduction In the landmark case Agudath Israel of America v. Cuomo, the United States Court of Appeals for the...
Expanding Arbitrator's Authority in Labor Disputes: Insights from A&A Maintenance v. Ramnarain

Expanding Arbitrator's Authority in Labor Disputes: Insights from A&A Maintenance v. Ramnarain

Date: Dec 17, 2020
Expanding Arbitrator's Authority in Labor Disputes: Insights from A&A Maintenance Enterprise, Inc. v. Ramnarain Introduction The case of A&A Maintenance Enterprise, Inc. v. Ramnarain (982 F.3d 864,...
Immunity of Federal Assignees from State Statutes of Limitations: Second Circuit Affirms

Immunity of Federal Assignees from State Statutes of Limitations: Second Circuit Affirms

Date: Dec 11, 2020
Immunity of Federal Assignees from State Statutes of Limitations: Second Circuit Affirms Introduction The case of Windward Bora, LLC v. Wilmington Savings Fund Society, FSB addressed a pivotal legal...
First Step Act: Eligibility and Procedural Considerations in Gadsden v. United States

First Step Act: Eligibility and Procedural Considerations in Gadsden v. United States

Date: Dec 9, 2020
First Step Act: Eligibility and Procedural Considerations in Gadsden v. United States Introduction United States of America v. Damone Gadsden, 982 F.3d 106 (2d Cir. 2020), addresses critical issues...
Affirmation of Daubert Standards in Products Liability: Second Circuit Upholds Exclusion of Expert Testimony in Mirena IUS Litigation

Affirmation of Daubert Standards in Products Liability: Second Circuit Upholds Exclusion of Expert Testimony in Mirena IUS Litigation

Date: Dec 9, 2020
Affirmation of Daubert Standards in Products Liability: Second Circuit Upholds Exclusion of Expert Testimony in Mirena IUS Litigation Introduction The case of In Re: Mirena IUS Levonorgestrel-Related...
Affirmation of Summary Judgment in Agosto v. NYC Dept. of Education: Limits on First Amendment Retaliation and Monell Liability Defined

Affirmation of Summary Judgment in Agosto v. NYC Dept. of Education: Limits on First Amendment Retaliation and Monell Liability Defined

Date: Dec 5, 2020
Affirmation of Summary Judgment in Agosto v. NYC Dept. of Education: Limits on First Amendment Retaliation and Monell Liability Defined Introduction In the case of Jason Agosto v. New York City...
Broadening Materiality Under the False Claims Act: Insights from United States v. Strock

Broadening Materiality Under the False Claims Act: Insights from United States v. Strock

Date: Dec 4, 2020
Broadening Materiality Under the False Claims Act: Insights from United States v. Strock Introduction The case of United States of America v. Lee Strock, Cynthia Ann Golde, Strock Contracting, Inc.,...
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