2d Circuit Case Commentaries

Enhancing Securities Fraud Analysis: Implications of Statements of Opinion under Rule 10b-5 in Nguyen v. NewLink Genetics Corp.

Date: Jul 14, 2020

Enhancing Securities Fraud Analysis: Implications of Statements of Opinion under Rule 10b-5 in Nguyen v. NewLink Genetics Corp. Introduction In the landmark case Nguyen v. NewLink Genetics Corp.,...

Second Circuit Rules Against Class Certification for Past Purchasers Seeking Injunctive Relief: Berni v. Barilla

Date: Jul 9, 2020

Second Circuit Rules Against Class Certification for Past Purchasers Seeking Injunctive Relief: Berni v. Barilla Introduction In the landmark case of Berni v. Barilla S.p.A. et al., the United States...

Second Circuit Affirms Limitations of 28 U.S.C. § 1782: Private Arbitrations Excluded

Date: Jul 9, 2020

Second Circuit Affirms Limitations of 28 U.S.C. § 1782: Private Arbitrations Excluded Introduction In the appellate case In Re: Application and Petition of Hanwei Guo for an Order to Take Discovery...

Affirmation of Absolute Immunity for Judges and Prosecutors in Civil Rights Claims

Date: Jul 2, 2020

Affirmation of Absolute Immunity for Judges and Prosecutors in Civil Rights Claims Introduction Royce Corley, the plaintiff-appellant, filed a federal civil rights lawsuit against several defendants...

Affirmation of Bail Release Under Clear Error Standard: Mattis v. USA

Date: Jul 1, 2020

Affirmation of Bail Release Under Clear Error Standard: Mattis v. USA Introduction In the case of United States of America v. Colinford Mattis and Urooj Rahman, the United States Court of Appeals for...

Affirming Eighth Amendment Protections Against Deliberate Indifference to Toxic Exposure in Prisons: Vega v. Semple

Date: Jun 30, 2020

Affirming Eighth Amendment Protections Against Deliberate Indifference to Toxic Exposure in Prisons: Vega v. Semple Introduction Vega v. Semple, 963 F.3d 259, is a landmark decision by the United...

No Private Cause of Action Under HIPAA and State Action Requirement: Insights from Meadows v. United Services, Inc.

Date: Jun 27, 2020

No Private Cause of Action Under HIPAA and State Action Requirement: Insights from Meadows v. United Services, Inc. Introduction The case of Michael Matthew Meadows v. United Services, Inc.,...

Second Circuit Reaffirms Clearly Established Law Against Excessive Use of Tasers on Non-Resisting Arrestees

Date: Jun 27, 2020

Second Circuit Reaffirms Clearly Established Law Against Excessive Use of Tasers on Non-Resisting Arrestees Introduction In the landmark case of Matthew Jones v. Lt. Christopher Treubig et al., the...

Second Circuit Affirms SEC's Regulation Best Interest: Shaping the Future of Broker-Dealer and Investment Adviser Standards

Date: Jun 27, 2020

Second Circuit Affirms SEC's Regulation Best Interest: Shaping the Future of Broker-Dealer and Investment Adviser Standards Introduction The case of XY Planning Network, LLC, Ford Financial...

Distinguishing Article III and Contractual Standing: Insights from SM KIDS v. Google

Date: Jun 26, 2020

Distinguishing Article III and Contractual Standing: Insights from SM KIDS v. Google Introduction The case of SM KIDS, LLC, as successor-in-interest to Stelor Productions, LLC v. Google LLC et al....

Affirmation of Conviction: Proper Remedies for Rule 5(c)(2) Violations and Magistrate Judge Affidavit Requirements

Date: Jun 23, 2020

Affirmation of Conviction: Proper Remedies for Rule 5(c)(2) Violations and Magistrate Judge Affidavit Requirements Introduction The case of United States of America v. Joseph W. Peeples, III (962...

Second Circuit Reaffirms Domestic Application of Honest Services Wire Fraud in FIFA Corruption Convictions

Date: Jun 23, 2020

Second Circuit Reaffirms Domestic Application of Honest Services Wire Fraud in FIFA Corruption Convictions Introduction In the landmark case of United States of America v. Juan Ángel Napout and José...

Second Circuit Clarifies Structure of Compensatory Education Awards in IDEA 'Stay-Put' Violations

Date: Jun 19, 2020

Second Circuit Clarifies Structure of Compensatory Education Awards in IDEA 'Stay-Put' Violations Introduction In the case of Jane Doe v. East Lyme Board of Education, the United States Court of...

Denial of Physical Exercise in Prisons: Second Circuit Establishes Eighth Amendment Rights Against Inadequate Maintenance of Exercise Areas

Date: Jun 19, 2020

Denial of Physical Exercise in Prisons: Second Circuit Establishes Eighth Amendment Rights Against Inadequate Maintenance of Exercise Areas Introduction In Lionel McCray v. Superintendent William Lee...

Inherent Conflict Between Bankruptcy Code and Federal Arbitration Act: Second Circuit Affirms Unenforceability of Arbitration Clauses in Bankruptcy Discharge Violations

Date: Jun 17, 2020

Inherent Conflict Between Bankruptcy Code and Federal Arbitration Act: Second Circuit Affirms Unenforceability of Arbitration Clauses in Bankruptcy Discharge Violations Introduction In the landmark...

Affirmation of Eleventh Amendment Immunity for State Universities: Ripa v. Stony Brook University

Date: Jun 10, 2020

Affirmation of Eleventh Amendment Immunity for State Universities: Ripa v. Stony Brook University Introduction In the case of Anthony John Ripa v. Stony Brook University, the plaintiff, Anthony John...

Affirmation of ALJ Discretion in Disability Determinations: Grega v. Saul

Date: Jun 9, 2020

Affirmation of ALJ Discretion in Disability Determinations: Grega v. Saul Introduction In the case of John Grega, Jr. v. Andrew M. Saul, Commissioner of Social Security, the United States Court of...

First Amendment Protection for Prisoners' External Communications and Qualified Immunity Confirmed: Bacon v. Phelps

Date: Jun 9, 2020

First Amendment Protection for Prisoners' External Communications and Qualified Immunity Confirmed: Bacon v. Phelps Introduction Dwayne Bacon v. Phelps is a pivotal case adjudicated by the United...

Establishing Commercial Activity: Second Circuit Affirms FSIA Commercial-Activity Exception in Welsh Government Promotion Case

Date: Jun 9, 2020

Establishing Commercial Activity: Second Circuit Affirms FSIA Commercial-Activity Exception in Welsh Government Promotion Case Introduction In Pablo Star Ltd. v. The Welsh Government, the United...

Section 404 Eligibility Clarified: United States v. Davis Affirmed

Date: Jun 6, 2020

Section 404 Eligibility Clarified: United States v. Davis Affirmed Introduction The case of UNITED STATES OF AMERICA, Appellant, v. MONAE DAVIS, Defendant-Appellee, decided by the United States Court...

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