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  • Commentaries
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2d Circuit Case Commentaries

Recognition of New York Robbery in Second Degree as a "Violent Felony" under the Armed Career Criminal Act

Recognition of New York Robbery in Second Degree as a "Violent Felony" under the Armed Career Criminal Act

Date: Sep 12, 2020
Recognition of New York Robbery in Second Degree as a "Violent Felony" under the Armed Career Criminal Act Introduction In the case of United States of America v. Shameke Walker (974 F.3d 193),...
Second Circuit Limits Jurisdiction for Subsequent Preliminary Injunctions on Immigration Rules Amid COVID-19

Second Circuit Limits Jurisdiction for Subsequent Preliminary Injunctions on Immigration Rules Amid COVID-19

Date: Sep 12, 2020
Second Circuit Limits Jurisdiction for Subsequent Preliminary Injunctions on Immigration Rules Amid COVID-19 Introduction In the landmark case State of New York et al. v. United States Department of...
Affirming the Necessity of Plausible Injury in Unlawful Rebate Claims: Mark Dane v. UnitedHealthcare

Affirming the Necessity of Plausible Injury in Unlawful Rebate Claims: Mark Dane v. UnitedHealthcare

Date: Sep 11, 2020
Affirming the Necessity of Plausible Injury in Unlawful Rebate Claims: Mark Dane v. UnitedHealthcare Introduction In Mark Dane, individually and on behalf of all others similarly situated, v....
In Forma Pauperis Status and Sua Sponte Dismissals: A Landmark Decision in McFadden v. Noeth

In Forma Pauperis Status and Sua Sponte Dismissals: A Landmark Decision in McFadden v. Noeth

Date: Sep 11, 2020
In Forma Pauperis Status and Sua Sponte Dismissals: A Landmark Decision in McFadden v. Noeth Introduction The case of Reginald McFadden v. Joseph Noeth represents a significant judicial examination...
Exhaustion of Administrative Remedies Under PLRA Affirmed in Girard v. Auburn Correctional Facility

Exhaustion of Administrative Remedies Under PLRA Affirmed in Girard v. Auburn Correctional Facility

Date: Sep 11, 2020
Exhaustion of Administrative Remedies Under PLRA Affirmed in Girard v. Auburn Correctional Facility Introduction In the case of Chauncey Girard v. Auburn Correctional Facility, the United States...
Enhancing Accountability in Debt Collection: Insights from Wagner v. Chiari & Ilecki, LLP

Enhancing Accountability in Debt Collection: Insights from Wagner v. Chiari & Ilecki, LLP

Date: Sep 5, 2020
Enhancing Accountability in Debt Collection: Insights from Wagner v. Chiari & Ilecki, LLP Introduction In the case of William J. Wagner, Plaintiff-Appellant, versus Chiari & Ilecki, LLP,...
Second Circuit Clarifies Scope of First Step Act: No Retroactive Reduction for Fully-Served Sentences in USA v. Martin

Second Circuit Clarifies Scope of First Step Act: No Retroactive Reduction for Fully-Served Sentences in USA v. Martin

Date: Sep 4, 2020
Second Circuit Clarifies Scope of First Step Act: No Retroactive Reduction for Fully-Served Sentences in USA v. Martin Introduction The United States Court of Appeals for the Second Circuit addressed...
Qualified Immunity Affirmed in Prisoners' Religious Rights Case

Qualified Immunity Affirmed in Prisoners' Religious Rights Case

Date: Sep 1, 2020
Qualified Immunity Affirmed in Prisoners' Religious Rights Case Introduction In the landmark case of Booker v. Auburn Correctional Facility, the United States Court of Appeals for the Second Circuit...
Appellate Jurisdiction Limits in Qualified Immunity Cases: Franco v. Gunsalus

Appellate Jurisdiction Limits in Qualified Immunity Cases: Franco v. Gunsalus

Date: Aug 29, 2020
Appellate Jurisdiction Limits in Qualified Immunity Cases: Franco v. Gunsalus Introduction In the case of Mario Franco v. Police Officers Gunsalus, Kelly, Lashomb, Mauro, and Others, adjudicated by...
Second Circuit Affirms Exclusion of NYCLU from Disclosure Prohibition under FOIL and Rule 65(d)(2)

Second Circuit Affirms Exclusion of NYCLU from Disclosure Prohibition under FOIL and Rule 65(d)(2)

Date: Aug 28, 2020
Second Circuit Affirms Exclusion of NYCLU from Disclosure Prohibition under FOIL and Rule 65(d)(2) Introduction In the case of Uniformed Fire Officers Association et al. v. Bill de Blasio, the United...
Emamian v. Rockefeller University: Affirming District Court's Discretion in Jury Verdict Correction and Jury Instruction Challenges

Emamian v. Rockefeller University: Affirming District Court's Discretion in Jury Verdict Correction and Jury Instruction Challenges

Date: Aug 20, 2020
Emamian v. Rockefeller University: Affirming District Court's Discretion in Jury Verdict Correction and Jury Instruction Challenges Introduction In Effat S. Emamian v. Rockefeller University, 971...
Statutory Preemption of Right of Publicity Under the Copyright Act: Analysis of Jackson v. Roberts, II (Second Circuit, 2020)

Statutory Preemption of Right of Publicity Under the Copyright Act: Analysis of Jackson v. Roberts, II (Second Circuit, 2020)

Date: Aug 20, 2020
Statutory Preemption of Right of Publicity Under the Copyright Act: Analysis of Jackson v. Roberts, II (Second Circuit, 2020) Introduction The case of In re: Curtis James Jackson, III, Debtor v....
Affirmation of RICO Conspiracy and Reversal of VCAR Murder Counts in Anastasio v. United States

Affirmation of RICO Conspiracy and Reversal of VCAR Murder Counts in Anastasio v. United States

Date: Aug 20, 2020
Affirmation of RICO Conspiracy and Reversal of VCAR Murder Counts in Anastasio v. United States Introduction In the case of United States of America v. Domenico Anastasio, adjudicated by the United...
Affirmation of Dismissal in Copyright Infringement Claim: Abdin v. CBS Broadcasting Inc. et al.

Affirmation of Dismissal in Copyright Infringement Claim: Abdin v. CBS Broadcasting Inc. et al.

Date: Aug 18, 2020
Affirmation of Dismissal in Copyright Infringement Claim: Abdin v. CBS Broadcasting Inc. et al. Introduction The case of Anas Osama Ibrahim Abdin versus CBS Broadcasting Inc., Netflix, Inc., CBS...
Second Circuit Vacates Summary Judgment in Tiffany v. Costco: Trademark Infringement and Fair Use Revisited

Second Circuit Vacates Summary Judgment in Tiffany v. Costco: Trademark Infringement and Fair Use Revisited

Date: Aug 18, 2020
Second Circuit Vacates Summary Judgment in Tiffany v. Costco: Trademark Infringement and Fair Use Revisited Introduction The case of Tiffany and Company; Tiffany (NJ) LLC...
Affirmation of Qualified Immunity in Public Health Quarantine Enforcement

Affirmation of Qualified Immunity in Public Health Quarantine Enforcement

Date: Aug 15, 2020
Affirmation of Qualified Immunity in Public Health Quarantine Enforcement Introduction The case of LIBERIAN COMMUNITY ASSOCIATION OF CONNECTICUT v. Lamont addresses the legal boundaries of quarantine...
Clarifying DMCA's Double Scienter Requirement: BuzzFeed Inc. v. Gregory Mango

Clarifying DMCA's Double Scienter Requirement: BuzzFeed Inc. v. Gregory Mango

Date: Aug 14, 2020
Clarifying DMCA's Double Scienter Requirement: BuzzFeed Inc. v. Gregory Mango Introduction In the landmark case of BuzzFeed Inc. v. Gregory Mango, the United States Court of Appeals for the Second...
Affirmation of Dismissal: Stricter Standards for Post-Judgment Amendments in Securities Class Actions

Affirmation of Dismissal: Stricter Standards for Post-Judgment Amendments in Securities Class Actions

Date: Aug 13, 2020
Affirmation of Dismissal: Stricter Standards for Post-Judgment Amendments in Securities Class Actions Introduction In Metzler Investment GmbH, Construction Laborers Pension Trust of Greater St....
Second Circuit Upholds New York's Firearm Licensing Requirements Under Second Amendment and Due Process Protections

Second Circuit Upholds New York's Firearm Licensing Requirements Under Second Amendment and Due Process Protections

Date: Aug 12, 2020
Second Circuit Upholds New York's Firearm Licensing Requirements Under Second Amendment and Due Process Protections Introduction In the landmark case of Libertarian Party of Erie County et al. v....
Denial of Certificate of Appealability Not an Appealable Final Order: Lasher v. United States

Denial of Certificate of Appealability Not an Appealable Final Order: Lasher v. United States

Date: Aug 12, 2020
Denial of Certificate of Appealability Not an Appealable Final Order: LASHER v. UNITED STATES Introduction Lena Lasher, a resident of Danbury, Connecticut, appeared pro se to challenge various...
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