2d Circuit Case Commentaries

Second Circuit Affirms Dismissal of Frivolous Foreign Exchange Manipulation Claims

Date: May 10, 2024

Second Circuit Affirms Dismissal of Frivolous Foreign Exchange Manipulation Claims Introduction In the case of Soheil Zaerpour v. Multiple Banking Institutions, the United States Court of Appeals for...

Affirmation of Oxycodone Distribution Conviction: United States v. Belfiore

Date: May 10, 2024

Affirmation of Oxycodone Distribution Conviction: United States v. Belfiore Introduction In the case of United States of America v. Michael Belfiore, the United States Court of Appeals for the Second...

Affirmation of Summary Judgment and Clarification on Issue Preclusion in Article 78 Proceedings: Oliver v. New York State Police

Date: May 8, 2024

Affirmation of Summary Judgment and Clarification on Issue Preclusion in Article 78 Proceedings: Oliver v. New York State Police Introduction The case of Jean C. Oliver v. New York State Police...

Establishing Deceptive Advertising Claims: 'All Natural' Labeling on KIND Products Upheld by 2nd Circuit

Date: May 3, 2024

Establishing Deceptive Advertising Claims: 'All Natural' Labeling on KIND Products Upheld by 2nd Circuit Introduction In the multidistrict litigation titled Charity Bustamante et al. v. Kind, LLC,...

Affirmation of Summary Judgment: Employee Speech Within Official Duties Not Protected by First Amendment

Date: May 2, 2024

Affirmation of Summary Judgment: Employee Speech Within Official Duties Not Protected by First Amendment Introduction The case of Jean Richard Severin v. New York City Department of Education et al....

Enforceability of Arbitration Clauses under ERISA: Cedeno v. Argent Trust Co.

Date: May 2, 2024

Enforceability of Arbitration Clauses under ERISA: Cedeno v. Argent Trust Co. Introduction Ramon Dejesus Cedeno v. Ryan Sasson, Argent Trust Co., Daniel Blumkin, Ian Behar, Strategic Financial...

Second Circuit Establishes New Precedent on No Action Clauses and Statute of Limitations in RMBS Litigation

Date: May 1, 2024

Second Circuit Establishes New Precedent on No Action Clauses and Statute of Limitations in RMBS Litigation Introduction In the landmark case Commerzbank AG v. U.S. Bank, N.A., the United States...

Affirming Effective Sentence Imposition and Ineffective Assistance of Counsel Standards in Ortiz v. United States

Date: May 1, 2024

Affirming Effective Sentence Imposition and Ineffective Assistance of Counsel Standards in Ortiz v. United States Introduction In the case of United States of America v. Antonio Ortiz, the United...

Enforceability of Plea Agreements Post-Mandate: Insights from United States v. Maalik Alim Jones

Date: Apr 30, 2024

Enforceability of Plea Agreements Post-Mandate: Insights from United States v. Maalik Alim Jones Introduction In the appellate decision United States of America v. Maalik Alim Jones, 100 F.4th 103...

Second Circuit Reaffirms Concurrent Sentence Doctrine in §2255 Resentencing Challenges

Date: Apr 27, 2024

Second Circuit Reaffirms Concurrent Sentence Doctrine in §2255 Resentencing Challenges Introduction In the landmark case of Christian Sanchez v. United States, the United States Court of Appeals for...

Second Circuit Reinforces Strict Pleading Standards under the False Claims Act in Educational Service Providers Case

Date: Apr 27, 2024

Second Circuit Reinforces Strict Pleading Standards under the False Claims Act in Educational Service Providers Case Introduction The case of United States of America ex rel. Patrick Donohue v....

Affirmation of Conviction: Standards for Sufficiency of Evidence and Newly Discovered Evidence in the Second Circuit

Date: Apr 27, 2024

Affirmation of Conviction: Standards for Sufficiency of Evidence and Newly Discovered Evidence in the Second Circuit Introduction In the case of United States of America v. Nicholas Joseph, decided...

Second Circuit Clarifies Exhaustion Requirements for ADA and §504 Claims in School Mask Mandate Cases

Date: Apr 26, 2024

Second Circuit Clarifies Exhaustion Requirements for ADA and §504 Claims in School Mask Mandate Cases Introduction In the recent appellate decision Jane Doe v. Franklin Square Union Free School...

Res Judicata Applied to Alter Ego Liability and Unjust Enrichment Claims in Universitas Education, LLC v. Benistar Admin Services, Inc., et al.

Date: Apr 26, 2024

Res Judicata Applied to Alter Ego Liability and Unjust Enrichment Claims in Universitas Education, LLC v. Benistar Admin Services, Inc., et al. Introduction In Universitas Education, LLC v. Benistar...

Clarifying the Scope of Pretrial Detention: United States v. Dai and the Interpretation of 18 U.S.C. § 3142(f)(1)(A)

Date: Apr 25, 2024

Clarifying the Scope of Pretrial Detention: United States v. Dai and the Interpretation of 18 U.S.C. § 3142(f)(1)(A) Introduction In the landmark case of United States of America v. Patrick Dai (99...

Affirmation of Damages Calculation Under the Lanham Act and Tortious Interference: General Security, Inc. v. Commercial Fire & Security, Inc.

Date: Apr 25, 2024

Affirmation of Damages Calculation Under the Lanham Act and Tortious Interference: General Security, Inc. v. Commercial Fire & Security, Inc. Introduction The case of General Security, Inc. v....

Reed v. Forti: Reinforcing Pleading Standards in Sexual Harassment and Retaliation Claims

Date: Apr 25, 2024

Reed v. Forti: Reinforcing Pleading Standards in Sexual Harassment and Retaliation Claims Introduction The case of Hayley Reed v. Forti adjudicated by the United States Court of Appeals for the...

Commencement of Supervised Release Under 18 U.S.C. § 3624(e): Establishing Clear Boundaries

Date: Apr 24, 2024

Commencement of Supervised Release Under 18 U.S.C. § 3624(e): Establishing Clear Boundaries Introduction The case of United States of America v. Rodger Freeman, adjudicated by the United States Court...

Enhancing Weightage of Treating Physician Opinions in Disability Determinations: Richards v. Commissioner of Social Security

Date: Apr 19, 2024

Enhancing Weightage of Treating Physician Opinions in Disability Determinations: Richards v. Commissioner of Social Security Introduction The case of Jason S. Richards v. Commissioner of Social...

Second Circuit Affirms FDCPA Summary Judgment: Emphasizing Statute of Limitations and Proper Service

Date: Apr 18, 2024

Second Circuit Affirms FDCPA Summary Judgment: Emphasizing Statute of Limitations and Proper Service Introduction In the case of Stacy Makhnevich v. Gregory S. Bougopoulos and Novick Edelstein...