2d Circuit Case Commentaries

Clarifying Pretext and Causation Standards in Title VII Claims: Bart v. Golub Corporation

Date: Mar 27, 2024

Clarifying Pretext and Causation Standards in Title VII Claims: Bart v. Golub Corporation Introduction In Bart v. Golub Corporation, Elaine Bart, a former supermarket manager, sued her employer,...

Consecutive Sentencing in Felon-In-Possession Cases: Insights from United States v. Sommerville

Date: Mar 27, 2024

Consecutive Sentencing in Felon-In-Possession Cases: Insights from United States v. Sommerville Introduction The case of United States of America v. Tyree Sommerville serves as a pivotal illustration...

Second Circuit Affirms District Court on Admissibility of Statements Against Penal Interest

Date: Mar 27, 2024

Second Circuit Affirms District Court on Admissibility of Statements Against Penal Interest Introduction In the case of United States of America v. Tyrell Whitaker, et al., the United States Court of...

FSIA Commercial Activity Exception Affirmed in Harvey v. Permanent Mission of Sierra Leone

Date: Mar 26, 2024

FSIA Commercial Activity Exception Affirmed in Harvey v. Permanent Mission of Sierra Leone Introduction In the case of Janet Harvey, Joseph Harvey v. Permanent Mission of The Republic of Sierra Leone...

Affirmation of DOE's Fulfillment of FAPE Under IDEA Standards

Date: Mar 22, 2024

Affirmation of DOE's Fulfillment of FAPE Under IDEA Standards Introduction In the case of Andrea Phillips and Paul Hinton v. David C. Banks, Chancellor of the New York City Department of Education,...

Reversing Suppression: Second Circuit Affirms Reasonableness in Warrant Execution - United States v. Warren Joyce

Date: Mar 21, 2024

Reversing Suppression: Second Circuit Affirms Reasonableness in Warrant Execution - United States v. Warren Joyce Introduction In the case of United States of America v. Warren Joyce, decided by the...

Interpretation of NY Child Victims Act's Waiting Period: Jones v. Cattaraugus-Little Valley Central School District

Date: Mar 21, 2024

Interpretation of NY Child Victims Act's Waiting Period: Jones v. Cattaraugus-Little Valley Central School District Introduction The case of Brittany N. Jones, also known as Brittany N. Finch, versus...

Second Circuit Affirms Impact Test Restricts NYSHRL Claims and Upholds Continuing Violation Doctrine for Title VII Hostile Work Environment in Kristen King v. Aramark Services Inc.

Date: Mar 21, 2024

Second Circuit Affirms Impact Test Restricts NYSHRL Claims and Upholds Continuing Violation Doctrine for Title VII Hostile Work Environment in Kristen King v. Aramark Services Inc. Introduction In...

Mandate Rule Enforces New Trial Requirement in 42 U.S.C. §1983 Excessive Force Litigation

Date: Mar 20, 2024

Mandate Rule Enforces New Trial Requirement in 42 U.S.C. §1983 Excessive Force Litigation Introduction In the case of Christopher Callahan v. County of Suffolk et al., the United States Court of...

Affirmation of MassMutual’s Compliance with N.Y. Insurance Law §3211 in Policy Lapse Notification

Date: Mar 20, 2024

Affirmation of MassMutual’s Compliance with N.Y. Insurance Law §3211 in Policy Lapse Notification Introduction The case of Rebeca Singer v. Massachusetts Mutual Life Insurance Company addresses the...

Enhanced Scrutiny for Special Conditions in Supervised Release: Second Circuit Affirms Need for Specific Justification

Date: Mar 19, 2024

Enhanced Scrutiny for Special Conditions in Supervised Release: Second Circuit Affirms Need for Specific Justification Introduction The case of United States of America v. William Jimenez,...

Strength and Commonality of Trademarks Affect Likelihood of Confusion: Second Circuit Affirms District Court in Jackpocket v. Jackpot.com

Date: Mar 19, 2024

Strength and Commonality of Trademarks Affect Likelihood of Confusion: Second Circuit Affirms District Court in Jackpocket v. Jackpot.com Introduction The case of Jackpocket, Inc. v. Lottomatrix NY...

Affirmation of Insurance Coverage Denial in D&O Liability Amid Bankruptcy Proceedings: Daileader v. Syndicate 1861

Date: Mar 19, 2024

Affirmation of Insurance Coverage Denial in D&O Liability Amid Bankruptcy Proceedings: Daileader v. Syndicate 1861 Introduction In Timothy Daileader v. Certain Underwriters at Lloyds London Syndicate...

Affirmation of Withdrawal Standards in Conspiracy Cases: Jimenez v. United States

Date: Mar 16, 2024

Affirmation of Withdrawal Standards in Conspiracy Cases: Jimenez v. United States Introduction In United States of America v. Ariel Jimenez, the United States Court of Appeals for the Second Circuit...

Second Circuit Establishes Need for Individualized Assessment in Suspicionless Search Conditions for Supervised Release

Date: Mar 16, 2024

Second Circuit Establishes Need for Individualized Assessment in Suspicionless Search Conditions for Supervised Release Introduction In the case of United States of America v. Alex Oliveras, 96 F.4th...

Limitations on Interlocutory Appeals for Qualified Immunity Claims: Insights from Mabior Jok v. City of Burlington

Date: Mar 16, 2024

Limitations on Interlocutory Appeals for Qualified Immunity Claims: Insights from Mabior Jok v. City of Burlington Introduction The case of Mabior Jok v. City of Burlington addresses pivotal issues...

Second Circuit Upholds MARAD's Time Charter Classification in American Cruise Lines v. United States

Date: Mar 16, 2024

Second Circuit Upholds MARAD's Time Charter Classification in American Cruise Lines v. United States Introduction The case of American Cruise Lines v. United States addresses the legality of a...

Second Circuit Clarifies Res Judicata in Pure Article 78 Proceedings: Whitfield v. City of New York

Date: Mar 16, 2024

Second Circuit Clarifies Res Judicata in Pure Article 78 Proceedings: Whitfield v. City of New York Introduction In the case of John David Whitfield v. City of New York, 96 F.4th 504 (2d Cir. 2024),...

Affirmation of Rule 12(b)(6) Dismissal in Hassan v. FDIC: Implications for Private Causes of Action and Sovereign Immunity

Date: Mar 16, 2024

Affirmation of Rule 12(b)(6) Dismissal in Hassan v. FDIC: Implications for Private Causes of Action and Sovereign Immunity Introduction The case John Patrick Hassan v. United States Federal Deposit...

Second Circuit Affirms Descriptive Fair Use Defense in "Red Gold" Trademark Case

Date: Mar 15, 2024

Second Circuit Affirms Descriptive Fair Use Defense in "Red Gold" Trademark Case Introduction In the landmark case of Solid 21, Inc. v. Breitling U.S.A., Inc., 96 F.4th 265 (2d Cir. 2024), the United...