2d Circuit Case Commentaries

Strict Adherence to Appellate Brief Standards and FMLA Pleading Requirements Affirmed in Arroyo-Horne v. City of New York

Date: Oct 17, 2020

Strict Adherence to Appellate Brief Standards and FMLA Pleading Requirements Affirmed in Arroyo-Horne v. City of New York Introduction Monica Arroyo-Horne, an administrative aide with the New York...

Collateral Estoppel and Sovereign Immunity in §1983 Claims: Analyzing Pappas v. Lorintz et al.

Date: Oct 16, 2020

Collateral Estoppel and Sovereign Immunity in §1983 Claims: Analyzing Pappas v. Lorintz et al. Introduction In the landmark case Anthony Pappas v. Joseph Lorintz et al., the United States Court of...

Affirmation of Dismissal for Failure to Prosecute and Comply with Discovery Under FRCP Rules 37 and 41(b)

Date: Oct 10, 2020

Affirmation of Dismissal for Failure to Prosecute and Comply with Discovery Under FRCP Rules 37 and 41(b) Introduction In the case of Umesh Heendeniya v. St. Joseph's Hospital Health Center et al.,...

Second Circuit Affirms SSI Denial: Standards for Residual Functional Capacity Determination in Yucekus v. Commissioner of Social Security

Date: Oct 10, 2020

Second Circuit Affirms SSI Denial: Standards for Residual Functional Capacity Determination in Yucekus v. Commissioner of Social Security Introduction In the case of Volkan Yucekus v. Commissioner of...

Second Circuit Clarifies Damage Element in Breach of Fiduciary Duty Claims Under New York's Faithless Servant Doctrine

Date: Oct 9, 2020

Second Circuit Clarifies Damage Element in Breach of Fiduciary Duty Claims Under New York's Faithless Servant Doctrine Introduction In the case of Yukos Capital S.A.R.L. et al. v. Daniel Feldman et...

Clarification of the 'Preponderates Heavily' Standard in Rule 33 Motions: United States v. Archer

Date: Oct 8, 2020

Clarification of the 'Preponderates Heavily' Standard in Rule 33 Motions: United States v. Archer Introduction United States v. Devon Archer is a pivotal case adjudicated by the United States Court...

Exhaustion of Administrative Remedies Under the Prison Litigation Reform Act: Hayes v. Correctional Officers Sets New Precedent

Date: Oct 6, 2020

Exhaustion of Administrative Remedies Under the Prison Litigation Reform Act: Hayes v. Correctional Officers Sets New Precedent Introduction In Hayes v. Correctional Officers, the United States Court...

Second Circuit Affirms Limitations on §1983 and Bivens Claims Against Federal Agencies and Private Attorneys

Date: Oct 6, 2020

Second Circuit Affirms Limitations on §1983 and Bivens Claims Against Federal Agencies and Private Attorneys Introduction In the case of Wycliffe H. O'Donoghue v. United States Social Security...

Second Circuit Affirms Connecticut's Ballot Access Requirements Against First Amendment Challenge

Date: Oct 3, 2020

Second Circuit Affirms Connecticut's Ballot Access Requirements Against First Amendment Challenge Introduction The case of Libertarian Party of Connecticut, Harold Harris, and Daniel Reale v. Ned...

Second Circuit Upholds Sua Sponte Dismissal of Frivolous Pro Se Complaint Under 28 U.S.C. §1915(e)(2)

Date: Oct 2, 2020

Second Circuit Upholds Sua Sponte Dismissal of Frivolous Pro Se Complaint Under 28 U.S.C. §1915(e)(2) Introduction In the case of Warren R. Kraft v. The City of New York, decided by the United States...

At-Will Termination and Affirmative Duties in Exclusive Bottling Agreements: Insights from Pepsi Cola Company v. CEPSA

Date: Sep 30, 2020

At-Will Termination and Affirmative Duties in Exclusive Bottling Agreements: Insights from Pepsi Cola Company v. CEPSA Introduction The case of Pepsi Cola Company v. Compania Embotelladora Del...

Empowering Courts: Expansion of Discretion in Compassionate Release under the First Step Act

Date: Sep 26, 2020

Empowering Courts: Expansion of Discretion in Compassionate Release under the First Step Act Introduction The case of United States of America v. Jeremy D. Zullo represents a significant shift in the...

SIPA's Priority Takes Precedence Over §548(c) 'For Value' Defense in Madoff Clawback Actions

Date: Sep 25, 2020

SIPA's Priority Takes Precedence Over §548(c) 'For Value' Defense in Madoff Clawback Actions Introduction The judicial landscape surrounding fraudulent financial schemes took a significant turn with...

Knowledge of Felon Status in Firearm Possession: Analysis of United States v. Robbull Bryant

Date: Sep 25, 2020

Knowledge of Felon Status in Firearm Possession: Analysis of United States of America v. Robbull Bryant Introduction United States of America, Appellee, v. Robbull Bryant, Rich, Defendant-Appellant...

Clarifying the 'Special Duty' Requirement in Municipal Negligence Claims: Second Circuit's Analysis in Ferreira v. City of Binghamton

Date: Sep 24, 2020

Clarifying the 'Special Duty' Requirement in Municipal Negligence Claims: Second Circuit's Analysis in Ferreira v. City of Binghamton Introduction In the case of Jesus Ferreira v. City of Binghamton,...

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