2d Circuit Case Commentaries

When State Subpoena Proceedings Bar Federal First Amendment Suits: Claim‑Preclusion in VDARE Foundation, Inc. v. James (2d Cir. 2025)

Date: Dec 18, 2025

When State Subpoena Proceedings Bar Federal First Amendment Suits: Claim‑Preclusion in VDARE Foundation, Inc. v. James (2d Cir. 2025) I. Introduction The Second Circuit’s decision in VDARE...

United States v. Joyner: Plain-Error Limits on Vagueness Challenges to Gang Non‑Association Conditions of Supervised Release

Date: Dec 18, 2025

United States v. Joyner: Plain-Error Limits on Vagueness Challenges to Gang Non‑Association Conditions of Supervised Release I. Introduction The Second Circuit’s summary order in United States v....

Deference to ALJ Credibility Findings and Rebuttal of the LHWCA § 20(a) Presumption in Psychological-Injury Claims: Commentary on Gabriel v. U.S. Department of Labor

Date: Dec 18, 2025

Deference to ALJ Credibility Findings and Rebuttal of the LHWCA § 20(a) Presumption in Psychological‑Injury Claims: Commentary on Gabriel v. U.S. Department of Labor Table of Contents I. Introduction...

Priced-Out Buyers and Output-Reduction Injury: The Second Circuit Expands Antitrust Standing in DirecTV, LLC v. Nexstar Media Group, Inc.

Date: Dec 18, 2025

Priced-Out Buyers and Output-Reduction Injury: The Second Circuit Expands Antitrust Standing in DirecTV, LLC v. Nexstar Media Group, Inc. 1. Introduction In DirecTV, LLC v. Nexstar Media Group, Inc.,...

Reinstatements Cannot Cure an Invalid Removal Order: A Comprehensive Commentary on United States v. Ramirez Rodriguez

Date: Dec 18, 2025

Reinstatements Cannot Cure an Invalid Removal Order: Commentary on United States v. Ramirez Rodriguez (2d Cir. 2025) I. Introduction The Second Circuit’s decision in United States v. Ramirez...

Acklin v. Eichner: Reaffirming the 30‑Day Appeal Deadline as the Benchmark for Rule 60(b)(1) Legal‑Error Motions and Tightening Post‑Judgment Amendments under Rule 60(b)(6)

Date: Dec 17, 2025

Acklin v. Eichner: Reaffirming the 30‑Day Appeal Deadline as the Benchmark for Rule 60(b)(1) Legal‑Error Motions and Tightening Post‑Judgment Amendments under Rule 60(b)(6) Introduction This Second...

Attorney Misconduct, Willful Default Strategies, and Sanctions Under Inherent Authority and 28 U.S.C. § 1927: Commentary on Lee v. Hong v. Mommy's Jamaican Market Corp.

Date: Dec 17, 2025

Attorney Misconduct, Willful Default Strategies, and Sanctions Under Inherent Authority and 28 U.S.C. § 1927: Commentary on Lee v. Hong v. Mommy's Jamaican Market Corp. I. Introduction The Second...

Attorney Admissions and the Foregone-Conclusion Doctrine in Grand Jury Subpoenas: Commentary on In re Grand Jury Subpoena Dated May 29, 2025 (2d Cir.)

Date: Dec 17, 2025

Attorney Admissions and the Foregone-Conclusion Doctrine in Grand Jury Subpoenas: Commentary on In re Grand Jury Subpoena Dated May 29, 2025 (2d Cir.) I. Introduction This commentary analyzes the...

Qu v. Bondi and the High Bar for Untimely Motions to Reopen Based on Changed Country Conditions and Unauthenticated Evidence

Date: Dec 17, 2025

Qu v. Bondi and the High Bar for Untimely Motions to Reopen Based on Changed Country Conditions and Unauthenticated Evidence I. Introduction The Second Circuit’s summary order in Qu v. Bondi, No....

Prompt Remedial Action, RFRA, and Qualified Immunity: Commentary on Obie v. CFTC

Date: Dec 17, 2025

Prompt Remedial Action, RFRA, and Qualified Immunity: Commentary on Obie v. Commodity Futures Trading Commission Court: U.S. Court of Appeals for the Second Circuit Docket No.: 24-2436-cv Date:...

Disclosing Minimum Commitment Contracts and Inventory Risks in Securities Litigation: Commentary on In re Mobileye Global Securities Litigation (2d Cir. 2025)

Date: Dec 17, 2025

Disclosing Minimum Commitment Contracts and Inventory Risks in Securities Litigation: Commentary on In re Mobileye Global Securities Litigation (2d Cir. 2025) I. Introduction This commentary analyzes...

Historical Fact-Finding on § 924(c) “Crime of Violence” Clauses Under AEDPA Gatekeeping: Commentary on Barnes v. United States (2d Cir. 2025)

Date: Dec 16, 2025

Historical Fact-Finding on § 924(c) “Crime of Violence” Clauses Under AEDPA Gatekeeping: Commentary on Barnes v. United States (2d Cir. 2025) I. Introduction In Barnes v. United States, No. 24-830...

Conscious Avoidance, “Custody or Control,” and Co‑Conspirator Loss: A Commentary on United States v. Bynum & Davis (2d Cir. 2025)

Date: Dec 16, 2025

Conscious Avoidance, “Custody or Control,” and Co‑Conspirator Loss: A Commentary on United States v. Bynum & Davis (2d Cir. 2025) I. Introduction This commentary examines the Second Circuit’s...

Chalmers v. NCAA: Strict Time Limits on Retroactive NIL Antitrust Claims in the Second Circuit

Date: Dec 16, 2025

Chalmers v. NCAA: Strict Time Limits on Retroactive NIL Antitrust Claims in the Second Circuit 1. Introduction In Chalmers v. National Collegiate Athletic Association, No. 25‑1307‑cv (2d Cir. Dec....

No Standing to Appeal a Fully Successful Rule 36 Motion: Finality, Clerical Amendments, and Multi‑Count Judgments in United States v. Dhinsa (2d Cir. 2025)

Date: Dec 16, 2025

No Standing to Appeal a Fully Successful Rule 36 Motion: Finality, Clerical Amendments, and Multi‑Count Judgments in United States v. Dhinsa (2d Cir. 2025) I. Introduction The Second Circuit’s...

Foreseeable Telephonic Contacts and the Limits of Acceptance-of-Responsibility Reductions: Commentary on United States v. Washington (2d Cir. 2025)

Date: Dec 16, 2025

Foreseeable Telephonic Contacts and the Limits of Acceptance-of-Responsibility Reductions: Commentary on United States v. Washington (2d Cir. 2025) I. Introduction The Second Circuit’s summary order...

Qualified Immunity and Unsettled Prisoner Rights in Chronic Discipline Classification: Commentary on Baltas v. Jones (2d Cir. 2025)

Date: Dec 16, 2025

Qualified Immunity and Unsettled Prisoner Rights in Chronic Discipline Classification: Commentary on Baltas v. Jones (2d Cir. 2025) I. Introduction The Second Circuit’s summary order in Baltas v....

Constructive Discovery and Due Diligence Under the Virginia Consumer Protection Act: Commentary on Brandon v. Sensio, Inc.

Date: Dec 13, 2025

Constructive Discovery and Due Diligence Under the Virginia Consumer Protection Act: A Detailed Commentary on Brandon v. Sensio, Inc. (2d Cir. 2025) I. Introduction This commentary examines the...

Exhaustion Under IDEA as a Nonjurisdictional Rule and the “Policy-or-Practice” Exception: Commentary on J.M. v. New York City Department of Education

Date: Dec 13, 2025

Exhaustion Under IDEA as a Nonjurisdictional Rule and the “Policy-or-Practice” Exception: Commentary on J.M. v. New York City Department of Education I. Introduction In J.M. v. New York City...

No Accident: Intentional Ghost Gun Sales and the Limits of “Occurrence” Coverage Under Texas Law – Commentary on Granite State Insurance Co. v. Primary Arms, LLC

Date: Dec 13, 2025

No Accident: Intentional Ghost Gun Sales and the Limits of “Occurrence” Coverage Under Texas Law Commentary on Granite State Insurance Co. v. Primary Arms, LLC (2d Cir. Dec. 10, 2025) I. Introduction...