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  • Commentaries
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2d Circuit Case Commentaries

Dianthe Martinez-Brooks v. D. Easter & Michael Carvajal: Expedited Home Confinement for Medically Vulnerable Inmates Under the Eighth Amendment

Dianthe Martinez-Brooks v. D. Easter & Michael Carvajal: Expedited Home Confinement for Medically Vulnerable Inmates Under the Eighth Amendment

Date: May 13, 2020
Dianthe Martinez-Brooks v. D. Easter & Michael Carvajal: Expedited Home Confinement for Medically Vulnerable Inmates Under the Eighth Amendment Introduction In the landmark case of Dianthe...
Clarifying Judicial Admissions: Inadvertent Statements Do Not Bind Parties

Clarifying Judicial Admissions: Inadvertent Statements Do Not Bind Parties

Date: May 7, 2020
Clarifying Judicial Admissions: Inadvertent Statements Do Not Bind Parties Introduction The case of Benjamin Pillars v. General Motors LLC adjudicated by the United States Court of Appeals for the...
Expansion of 'Controlled Substance Offense' Definition Under U.S.S.G. §4B1.2(b): Analysis of United States v. Kolongi Richardson

Expansion of 'Controlled Substance Offense' Definition Under U.S.S.G. §4B1.2(b): Analysis of United States v. Kolongi Richardson

Date: May 6, 2020
Expansion of 'Controlled Substance Offense' Definition Under U.S.S.G. §4B1.2(b): Analysis of United States v. Kolongi Richardson Introduction United States of America v. Kolongi Richardson is a...
Second Circuit Clarifies Per-Offender Application of §3014 Assessments in Child Pornography Cases

Second Circuit Clarifies Per-Offender Application of §3014 Assessments in Child Pornography Cases

Date: May 5, 2020
Second Circuit Clarifies Per-Offender Application of §3014 Assessments in Child Pornography Cases Introduction In the case of United States of America v. Paul Haverkamp, 958 F.3d 145 (2d Cir. 2020),...
Broad Discretion in Reciprocal Discovery under 28 U.S.C. § 1782: Insights from Martínez Sampedro v. nt-Appellee

Broad Discretion in Reciprocal Discovery under 28 U.S.C. § 1782: Insights from Martínez Sampedro v. nt-Appellee

Date: May 2, 2020
Broad Discretion in Reciprocal Discovery under 28 U.S.C. § 1782: Insights from Martínez Sampedro v. nt-Appellee Introduction In the landmark case Martínez Sampedro v. nt-Appellee, 958 F.3d 140 (2d...
Rosemond v. United States: Affirming the Boundaries of Defendant Autonomy and Counsel's Strategic Concessions under the Sixth Amendment

Rosemond v. United States: Affirming the Boundaries of Defendant Autonomy and Counsel's Strategic Concessions under the Sixth Amendment

Date: May 2, 2020
Rosemond v. United States: Affirming the Boundaries of Defendant Autonomy and Counsel's Strategic Concessions under the Sixth Amendment Introduction Rosemond v. United States is a landmark decision...
Affirming Diversity Jurisdiction in FAA section 7 Enforcement Petitions

Affirming Diversity Jurisdiction in FAA section 7 Enforcement Petitions

Date: May 2, 2020
Affirming Diversity Jurisdiction in FAA section 7 Enforcement Petitions Introduction The case of Washington National Insurance Company v. Obex Group LLC and Randall Katzenstein (958 F.3d 126)...
Affirmation of the Discretionary Function Exception Under the FTCA in Huntress and Acquest v. United States

Affirmation of the Discretionary Function Exception Under the FTCA in Huntress and Acquest v. United States

Date: May 1, 2020
Affirmation of the Discretionary Function Exception Under the FTCA in Huntress and Acquest v. United States Introduction In the case of William L. Huntress, Acquest Development, LLC v. United States...
Enhanced Standards for Declaratory Judgment Jurisdiction in Trademark Disputes: Saleh v. Sulka Trading Ltd.

Enhanced Standards for Declaratory Judgment Jurisdiction in Trademark Disputes: Saleh v. Sulka Trading Ltd.

Date: May 1, 2020
Enhanced Standards for Declaratory Judgment Jurisdiction in Trademark Disputes: Saleh v. Sulka Trading Ltd. Introduction The case of Abdul Rehman Karim Saleh v. Sulka Trading Ltd. addresses crucial...
Scarlett v. Barr: Reinforcing the "Unwilling or Unable" Standard in Withholding of Removal and CAT Relief

Scarlett v. Barr: Reinforcing the "Unwilling or Unable" Standard in Withholding of Removal and CAT Relief

Date: Apr 29, 2020
Scarlett v. Barr: Reinforcing the "Unwilling or Unable" Standard in Withholding of Removal and CAT Relief Introduction Leston Augustus Scarlett, a Jamaican national and former police officer,...
Second Circuit Establishes New Precedent on First Step Act Eligibility

Second Circuit Establishes New Precedent on First Step Act Eligibility

Date: Apr 25, 2020
Second Circuit Establishes New Precedent on First Step Act Eligibility Introduction In the landmark case United States of America v. Jason Holloway, 956 F.3d 660 (2d Cir. 2020), the United States...
Employee Status in Court-Ordered Rehabilitation Programs Under FLSA: Vaughn v. Phoenix House

Employee Status in Court-Ordered Rehabilitation Programs Under FLSA: Vaughn v. Phoenix House

Date: Apr 23, 2020
Employee Status in Court-Ordered Rehabilitation Programs Under FLSA: Vaughn v. Phoenix House Introduction In the case of Mark Vaughn vs. Phoenix House New York Inc., adjudicated by the United States...
Expansion of Compassionate Release under the First Step Act: Analyzing Marks v. United States

Expansion of Compassionate Release under the First Step Act: Analyzing Marks v. United States

Date: Apr 21, 2020
Expansion of Compassionate Release under the First Step Act: Analyzing Marks v. United States Introduction Marks v. United States, 455 F. Supp. 3d 17, adjudicated by the United States District Court...
Affirmation of Dismissal in Eighth Amendment Medical Neglect: Lombardo v. Graham

Affirmation of Dismissal in Eighth Amendment Medical Neglect: Lombardo v. Graham

Date: Apr 21, 2020
Affirmation of Dismissal in Eighth Amendment Medical Neglect: Lombardo v. Graham Introduction In the case of Joseph Lombardo v. Harold D. Graham, Superintendent Auburn Correctional Facility, Jane...
Affirmation of Dismissal in Employment Discrimination Case: Ninying v. FDNY

Affirmation of Dismissal in Employment Discrimination Case: Ninying v. FDNY

Date: Apr 18, 2020
Affirmation of Dismissal in Employment Discrimination Case: Ninying v. FDNY Introduction The case of George Ful Ninying v. New York City Fire Department (FDNY) presents significant insights into the...
Reaffirmation of § 3553(c): The Imperative for Transparent Sentencing Justifications

Reaffirmation of § 3553(c): The Imperative for Transparent Sentencing Justifications

Date: Apr 18, 2020
Reaffirmation of § 3553(c): The Imperative for Transparent Sentencing Justifications Introduction The case United States of America v. Gilberto Rosa (957 F.3d 113) adjudicated by the United States...
Deliberate Indifference Under the Eighth Amendment: Insights from Morgan v. Dzurenda

Deliberate Indifference Under the Eighth Amendment: Insights from Morgan v. Dzurenda

Date: Apr 16, 2020
Deliberate Indifference Under the Eighth Amendment: Insights from Morgan v. Dzurenda Introduction Morgan v. Dzurenda is a pivotal case decided by the United States Court of Appeals for the Second...
Ongoing Orders of Conditions Sustain Habeas Corpus Claims: Janakievski v. Rochester Psychiatric Center

Ongoing Orders of Conditions Sustain Habeas Corpus Claims: Janakievski v. Rochester Psychiatric Center

Date: Apr 11, 2020
Ongoing Orders of Conditions Sustain Habeas Corpus Claims Janakievski v. Rochester Psychiatric Center, 955 F.3d 314 (2d Cir. 2020) Introduction In Steven Janakievski v. Executive Director, Rochester...
Adamson v. NYPD: Second Circuit Reaffirms Standards for Summary Judgment in §1983 Excessive Force and Deliberate Indifference Claims

Adamson v. NYPD: Second Circuit Reaffirms Standards for Summary Judgment in §1983 Excessive Force and Deliberate Indifference Claims

Date: Apr 10, 2020
Adamson v. NYPD: Second Circuit Reaffirms Standards for Summary Judgment in §1983 Excessive Force and Deliberate Indifference Claims Introduction In Alty Adamson, Plaintiff-Appellant, v. Detecti et...
Insurance Coverage for Failure-to-Accommodate Discrimination Claims: A New Precedent

Insurance Coverage for Failure-to-Accommodate Discrimination Claims: A New Precedent

Date: Apr 10, 2020
Insurance Coverage for Failure-to-Accommodate Discrimination Claims: A New Precedent Introduction The case of Brooklyn Center for Psychotherapy, Inc. v. Philadelphia Indemnity Insurance Company,...
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