Category: Second Circuit

Second Amendment Precedence Developing Through SAFE Act Litigation

— by William Woodworth Recently, two courts considered the constitutionality of New York’s SAFE Act. Both courts assessed whether the regulation burdens a second amendment right, and whether the regulation survives appropriate scrutiny. Here, the courts found the second amendment’s

Posted in Constitutional Law, Legal Pulse, Second Circuit

Second Circuit Holds that the Discharge Injunction Provisions of the Bankruptcy Code do not Repeal Post Discharge Claims Under the Fair Debt Collection Practices Act

— by Matthew Schutte Case: Garfield v. Ocwen Loan Servicing, LLC, 2016 U.S.  App. LEXIS 3 (2d Cir. 2016) Abstract: Plaintiff borrower appealed from District Court’s dismissal of her post discharge Fair Debt Collection Practices Act claims against Defendant loan servicer. The

Posted in Commercial Transactions, Legal Pulse, Second Circuit

International Child Custody Case at the Second Circuit

by Dalya Bordman   Ermini v. Vittori, 758 F. 3d 153 (2d Cir. 2014). An Italian family, parents Emiliano Ermini, Viviana Vittori, and children Emanuele and Daniele, moved to the United States from Italy in August of 2011 in efforts

Posted in Family Law, Immigration Law, International Law, Legal Pulse, Second Circuit