2d Circuit Case Commentaries

Plaintiff-Appellant Jean M. Pettaway v. National Recovery Solutions, LLC: Establishing New Standards for Amended Complaints in FDCPA Claims

Date: Apr 10, 2020

Plaintiff-Appellant Jean M. Pettaway v. National Recovery Solutions, LLC: Establishing New Standards for Amended Complaints in FDCPA Claims Introduction In the landmark case of Jean M. Pettaway v....

Compassionate Release in the Context of a Pandemic: United States v. John McCarthy

Date: Apr 9, 2020

Compassionate Release in the Context of a Pandemic: United States v. John McCarthy Introduction In United States of America v. John McCarthy, the United States District Court for the District of...

Second Circuit Establishes Broad Definition of ATDS under TCPA in Duran v. La Boom Disco

Date: Apr 8, 2020

Second Circuit Establishes Broad Definition of Automatic Telephone Dialing Systems under TCPA in Duran v. La Boom Disco Introduction In the landmark case Radames Duran v. La Boom Disco, Inc., decided...

Adams v. United States: Inclusion of Uncharged Conduct in Tax Loss Calculations under U.S.S.G. § 2T1.1

Date: Apr 8, 2020

Adams v. United States: Inclusion of Uncharged Conduct in Tax Loss Calculations under U.S.S.G. § 2T1.1 Introduction Adams v. United States is a significant appellate decision issued by the United...

Affirmation of Life Imprisonment for Conspiracy to Commit Witness Tampering: United States v. Mack

Date: Apr 3, 2020

Affirmation of Life Imprisonment for Conspiracy to Commit Witness Tampering: United States v. Mack Introduction In the case of United States of America v. Dominique Mack, the United States Court of...

Affirmation of Federal Jurisdiction and Evidence Standards in Conspiracy and Firearm Convictions: Mack v. USA

Date: Apr 3, 2020

Affirmation of Federal Jurisdiction and Evidence Standards in Conspiracy and Firearm Convictions: Mack v. USA Introduction In UNITED STATES OF AMERICA v. Dominique Mack, the United States Court of...

Compassionate Release Amid Pandemic: The Colvin Decision

Date: Apr 3, 2020

Compassionate Release Amid Pandemic: The Colvin Decision Introduction The case of United States of America v. Latrice Colvin (451 F. Supp. 3d 237) represents a significant judicial decision...

Right to Presentence Allocution Reinforced in United States v. Avery

Date: Apr 2, 2020

Right to Presentence Allocution Reinforced in United States v. Avery Introduction In the appellate case United States of America v. Dorian Avery, the Second Circuit Court of Appeals addressed...

Expansion of Compassionate Release Under 18 U.S.C. § 3582(c) in Response to COVID-19

Date: Apr 2, 2020

Expansion of Compassionate Release Under 18 U.S.C. § 3582(c) in Response to COVID-19 Introduction The case of United States of America v. Anton Jepsen marks a significant development in the...

Clarifying 'Similarly Situated' Standard for FLSA Collective Actions: Second Circuit’s Decision in Scott v. Chipotle Mexican Grill

Date: Apr 2, 2020

Clarifying 'Similarly Situated' Standard for FLSA Collective Actions: Second Circuit’s Decision in Scott v. Chipotle Mexican Grill Introduction In the case of Maxcimo Scott et al. v. Chipotle Mexican...

Standing Affirmed in Financial Derivatives Manipulation: Sonterra Capital Master Fund Ltd. v. UBS AG

Date: Apr 2, 2020

Standing Affirmed in Financial Derivatives Manipulation: Sonterra Capital Master Fund Ltd. v. UBS AG Introduction Sonterra Capital Master Fund Ltd., California State Teachers' Retirement System,...

Second Circuit Clarifies Jurisdiction under 8 U.S.C. § 1252(a)(2)(C) and Sets Enhanced Standards for CAT Deferral

Date: Apr 1, 2020

Second Circuit Clarifies Jurisdiction under 8 U.S.C. § 1252(a)(2)(C) and Sets Enhanced Standards for CAT Deferral Introduction In the landmark case Kenneth Manning v. William P. Barr, decided by the...

Dunkin' Brands Inc. v. Chen: Second Circuit Clarifies Limits on General Personal Jurisdiction in New York

Date: Apr 1, 2020

Dunkin' Brands Inc. v. Chen: Second Circuit Clarifies Limits on General Personal Jurisdiction in New York Introduction The appellate case Chufen Chen et al. v. Dunkin' Brands, Inc. (954 F.3d 492)...

Affirmation of Foreclosure Standing and Enforceability of Default Interest Rates

Date: Mar 31, 2020

Affirmation of Foreclosure Standing and Enforceability of Default Interest Rates 1. Introduction The case of 1077 Madison Street, LLC v. Donovan March pertains to a foreclosure action initiated by...

Application of New York's Trivial Defect Doctrine in Federal Tort Claims Act: Coyle v. United States

Date: Mar 31, 2020

Application of New York's Trivial Defect Doctrine in Federal Tort Claims Act: Coyle v. United States Introduction Linda Coyle v. United States of America is a significant case adjudicated by the...

Loss Causation in Securities Fraud Claims: Second Circuit's Ruling in Axar Master Fund v. Bedford

Date: Mar 24, 2020

Loss Causation in Securities Fraud Claims: Second Circuit's Ruling in Axar Master Fund v. Bedford Introduction The case of Axar Master Fund, Ltd., Man GLG Select Opportunities Master LP v. Bryan K....

Second Circuit Expands APA Standing for Defense Organizations in Inmate-Attorney Access Case

Date: Mar 21, 2020

Second Circuit Expands APA Standing for Defense Organizations in Inmate-Attorney Access Case Introduction In Federal Defenders of New York, Inc. v. Federal Bureau of Prisons (954 F.3d 118, 2d Cir....

Enforcing Bureau of Prisons Procedures for Compassionate Release: An Analysis of United States v. Paul Gileno

Date: Mar 20, 2020

Enforcing Bureau of Prisons Procedures for Compassionate Release: An Analysis of United States v. Paul Gileno Introduction United States v. Paul Gileno is a notable case adjudicated by the United...

Affirmation of Defendant’s Understanding of Immigration Consequences Under Federal Rule of Criminal Procedure 11

Date: Mar 20, 2020

Affirmation of Defendant’s Understanding of Immigration Consequences Under Federal Rule of Criminal Procedure 11 Introduction Cristian Rojas, the petitioner-appellant, appealed the United States...

Affirmation of Statute of Limitations and Monell Liability in Excessive Force Claims: Cotto v. City of New York

Date: Mar 14, 2020

Affirmation of Statute of Limitations and Monell Liability in Excessive Force Claims: Cotto v. City of New York Introduction Cotto v. City of New York is a pivotal case adjudicated by the United...

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