2d Circuit Case Commentaries

Affirmation of Dismissal in FCRA Compliance: Sprague v. Salisbury Bank

Date: Aug 11, 2020

Affirmation of Dismissal in FCRA Compliance: Sprague v. Salisbury Bank Introduction In Sprague v. Salisbury Bank and Trust Company, the plaintiffs, Robert C. Sprague and C. Robin Zeigler, appealed...

Refining Securities Fraud Pleading Standards: Insights from Colbert v. Rio Tinto PLC

Date: Aug 7, 2020

Refining Securities Fraud Pleading Standards: Insights from Colbert v. Rio Tinto PLC Introduction The case of Anton Colbert, Individually and on Behalf of All Others Similarly Situated v. Rio Tinto...

Rehaif v. United States: Statutory Interpretation vs. Constitutional Law in §2255(h) Successive Motion Applications

Date: Aug 7, 2020

Rehaif v. United States: Statutory Interpretation vs. Constitutional Law in §2255(h) Successive Motion Applications Introduction In the case of Jose Luis Mata v. United States of America, adjudicated...

Second Circuit Affirms Preliminary Injunction Against DHS's 2019 Public Charge Rule for New York, Connecticut, and Vermont

Date: Aug 5, 2020

Second Circuit Affirms Preliminary Injunction Against DHS's 2019 Public Charge Rule for New York, Connecticut, and Vermont Introduction In the landmark case of State of New York, et al. v. United...

Limits on Statutory Damages and CMI Protections: Fischer v. Forrest Analysis

Date: Aug 5, 2020

Limits on Statutory Damages and CMI Protections: Fischer v. Forrest Analysis Introduction The case of James H. Fischer v. Sandra F. Forrest et al., adjudicated by the United States Court of Appeals...

Second Circuit Establishes Strong Inference of Scienter from Material Omission in Securities Fraud Case

Date: Aug 4, 2020

Second Circuit Establishes Strong Inference of Scienter from Material Omission in Securities Fraud Case Introduction In the landmark case of Royce Setzer et al. v. Omega Healthcare Investors, Inc.,...

Second Circuit Sets Precedent on Qualified Immunity in Excessive Force Cases: Lennox v. Miller

Date: Jul 30, 2020

Second Circuit Sets Precedent on Qualified Immunity in Excessive Force Cases: Lennox v. Miller Introduction The case of Jessica A. Lennox, individually and as mother and natural guardian of A.L. v....

Lakai Gao v. Barr: Upholding Credibility Standards in Asylum Proceedings

Date: Jul 29, 2020

Lakai Gao v. Barr: Upholding Credibility Standards in Asylum Proceedings Introduction Lakai Gao, a citizen of the People's Republic of China, challenged the denial of his applications for asylum,...

Second Circuit Clarifies Parameters for Unreasonable Delays in Search Warrant Applications and Exclusionary Rule Exceptions

Date: Jul 29, 2020

Second Circuit Clarifies Parameters for Unreasonable Delays in Search Warrant Applications and Exclusionary Rule Exceptions Introduction The case of United States of America v. Kirkland Smith (967...

Second Circuit Upholds § 924(c)(1)(A)(i) Firearm Conviction Based on Drug Trafficking Predicate Post Davis and Barrett

Date: Jul 24, 2020

Second Circuit Upholds § 924(c)(1)(A)(i) Firearm Conviction Based on Drug Trafficking Predicate Post Davis and Barrett Introduction The case of United States of America v. Neil Dussard, adjudicated...

Enhancing Due Process in Prison Disciplinary Proceedings: The Jarvis Elder Case

Date: Jul 24, 2020

Enhancing Due Process in Prison Disciplinary Proceedings: The Jarvis Elder Case Introduction The case of Jarvis Elder v. McCarthy et al. (967 F.3d 113) represents a significant development in the...

Second Circuit Affirms Privacy Act Does Not Cover Private Companies and Upholds Employer’s SSN Requirements Under Title VII

Date: Jul 23, 2020

Second Circuit Affirms Privacy Act Does Not Cover Private Companies and Upholds Employer’s SSN Requirements Under Title VII Introduction In the case of Robert Lowman Jr. v. NVI LLC, the United States...

Equitable Estoppel in Immigration Law: Schwebel v. Crandall

Date: Jul 23, 2020

Equitable Estoppel in Immigration Law: Schwebel v. Crandall Introduction Ronnit Schwebel v. Kristine R. Crandall is a landmark case decided by the United States Court of Appeals for the Second...

Balancing Religious Freedom and Anti-Discrimination in Adoption Services: New Hope Family Services v. Poole

Date: Jul 22, 2020

Balancing Religious Freedom and Anti-Discrimination in Adoption Services: New Hope Family Services v. Poole Introduction New Hope Family Services, Inc. v. Sheila J. Poole is a pivotal case...

Second Circuit Affirms Constitutionality of NYDOCCS Rule 105.13 and Upholds Procedural Due Process in Inmate Disciplinary Proceedings

Date: Jul 21, 2020

Second Circuit Affirms Constitutionality of NYDOCCS Rule 105.13 and Upholds Procedural Due Process in Inmate Disciplinary Proceedings Introduction In the case of Daniel Williams v. N. Korines et al.,...

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