2d Circuit Case Commentaries

Clear-Error Review of Hardship Mixed Questions and Strict Ineffective-Assistance Prerequisites in Non-LPR Cancellation: Ramirez Lopez v. Bondi (2d Cir. 2025)

Date: Oct 19, 2025

Clear-Error Review of Hardship Mixed Questions and Strict Ineffective-Assistance Prerequisites in Non-LPR Cancellation: Ramirez Lopez v. Bondi (2d Cir. 2025) Introduction In Ramirez Lopez v. Bondi,...

Removal Waives Eleventh Amendment Immunity, Not General Sovereign Immunity; Equal Protection § 1983 Claims Require Specific Comparators and Impermissible Motive — Commentary on Bell v. University of the State of N.Y. (2d Cir. 2025)

Date: Oct 18, 2025

Removal Waives Eleventh Amendment Immunity, Not General Sovereign Immunity; Equal Protection § 1983 Claims Require Specific Comparators and Impermissible Motive Case: Bell v. University of the State...

“Notice + Barricades” Suffice: Second Circuit Affirms No Jones Act Negligence or Unseaworthiness for a Temporarily Open Hatch, and Rejects Case-Dispositive Spoliation Sanctions

Date: Oct 18, 2025

“Notice + Barricades” Suffice: Second Circuit Affirms No Jones Act Negligence or Unseaworthiness for a Temporarily Open Hatch, and Rejects Case-Dispositive Spoliation Sanctions Court: U.S. Court of...

Second Circuit Reaffirms Three-Year Limitations and Narrow Continuing-Violation Doctrine for Title IX Claims; Upholds Early Conversion to Summary Judgment in Pund v. St. Francis College

Date: Oct 18, 2025

Second Circuit Reaffirms Three-Year Limitations and Narrow Continuing-Violation Doctrine for Title IX Claims; Upholds Early Conversion to Summary Judgment in Pund v. St. Francis College Court: U.S....

No Habeas-by-Compassionate-Release: Second Circuit Affirms Denial Based on § 3553(a) and Individualized Circumstances in United States v. Andrews

Date: Oct 18, 2025

No Habeas-by-Compassionate-Release: Second Circuit Affirms Denial Based on § 3553(a) and Individualized Circumstances in United States v. Andrews Court: U.S. Court of Appeals for the Second Circuit...

Baseless Damages Theories and Bad-Faith Settlement Tactics Can Render a Lanham Act Case “Exceptional” and Support § 1927 Sanctions: Second Circuit Affirms Fee Award and Joint-and-Several Liability Without a Hearing

Date: Oct 17, 2025

Baseless Damages Theories and Bad-Faith Settlement Tactics Can Render a Lanham Act Case “Exceptional” and Support § 1927 Sanctions: Second Circuit Affirms Fee Award and Joint-and-Several Liability...

Basra v. Bondi: Reaffirming Strict Limits on Untimely, Number‑Barred Motions to Reopen—No Changed‑Conditions Reopening Without Credibility Rehabilitation; Equitable Tolling Requires Diligence

Date: Oct 17, 2025

Basra v. Bondi: Reaffirming Strict Limits on Untimely, Number‑Barred Motions to Reopen—No Changed‑Conditions Reopening Without Credibility Rehabilitation; Equitable Tolling Requires Diligence...

Unlicensed Home Health Aides Are Not Covered: Second Circuit’s Nonprecedential Clarification of Brighthouse’s Home Health Care Benefits

Date: Oct 17, 2025

Unlicensed Home Health Aides Are Not Covered: Second Circuit’s Nonprecedential Clarification of Brighthouse’s Home Health Care Benefits Case: Jackling v. Brighthouse Life Insurance Company (No....

Misconduct Is Not Disability Discrimination: Second Circuit Reaffirms that the ADA Does Not Require Excusing Disruptive Conduct and Demands Plausible Causation for Discrimination, Accommodation, and Retaliation Claims in Youth Sports Settings

Date: Oct 17, 2025

Misconduct Is Not Disability Discrimination: Second Circuit Reaffirms that the ADA Does Not Require Excusing Disruptive Conduct and Demands Plausible Causation for Discrimination, Accommodation, and...

Foreseeability and Realistic Opportunity to Intervene: Second Circuit Reaffirms Deliberate Indifference Pleading Standards and Duplicative Official-Capacity Claims in Montgomery v. Orange County

Date: Oct 17, 2025

Foreseeability and Realistic Opportunity to Intervene: Second Circuit Reaffirms Deliberate Indifference Pleading Standards and Duplicative Official-Capacity Claims in Montgomery v. Orange County...

United States v. Hild: No Actual-Loss Requirement, No Brady Duty to Highlight, and No Automatic Recusal for Spouse’s Law Firm Ties (2d Cir. 2025)

Date: Oct 17, 2025

United States v. Hild: No Actual-Loss Requirement, No Brady Duty to Highlight, and No Automatic Recusal for Spouse’s Law Firm Ties Court: United States Court of Appeals for the Second Circuit Date:...

Reserved-Rights Plea Agreements Permit Government Advocacy for Additional Enhancements; Sadism Enhancement Applies to Morphed Images; Obstruction Adjustment Reaches Overlapping Investigations

Date: Oct 17, 2025

Reserved-Rights Plea Agreements Permit Government Advocacy for Additional Enhancements; Sadism Enhancement Applies to Morphed Images; Obstruction Adjustment Reaches Overlapping Investigations Note:...

Conscious Avoidance Limited to Conspiracy Knowledge and MVRA Attorneys’ Fees May Be Awarded Without Detailed Billing: United States v. Rains (2d Cir. 2025, Summary Order)

Date: Oct 17, 2025

Conscious Avoidance Limited to Conspiracy Knowledge and MVRA Attorneys’ Fees May Be Awarded Without Detailed Billing: United States v. Rains (2d Cir. 2025, Summary Order) Court: U.S. Court of Appeals...

Clearing the 340B Antitrust Path: Second Circuit Confirms Astra/Illinois Brick Do Not Bar Section 1 Claims and Endorses a Flexible Parallel-Conduct Pleading Standard

Date: Oct 17, 2025

Clearing the 340B Antitrust Path: Second Circuit Confirms Astra/Illinois Brick Do Not Bar Section 1 Claims and Endorses a Flexible Parallel-Conduct Pleading Standard Introduction In Mosaic Health,...

No Step-Two Without a “Meaningful Constraint”: Second Circuit Upholds New York’s Ammunition Background Check Regime at Bruen’s Threshold

Date: Oct 17, 2025

No Step-Two Without a “Meaningful Constraint”: Second Circuit Upholds New York’s Ammunition Background Check Regime at Bruen’s Threshold Introduction In N.Y. State Firearms Ass'n v. James, No....

Second Circuit Reaffirms No-Legitimacy-Inquiry Rule under FOIA Exemption 7 and Treats Unit Identifiers as Protected “Guidelines” under Exemption 7(E); Strict Showing Required for Catalyst-Fees Claims

Date: Oct 16, 2025

Second Circuit Reaffirms No-Legitimacy-Inquiry Rule under FOIA Exemption 7 and Treats Unit Identifiers as Protected “Guidelines” under Exemption 7(E); Strict Showing Required for Catalyst-Fees Claims...

Clear-Error Review of “Exceptional and Extremely Unusual Hardship” and Continued Reliance on Monreal-Aguinaga Post-Loper Bright: Flores-Rueda v. Bondi

Date: Oct 16, 2025

Clear-Error Review of “Exceptional and Extremely Unusual Hardship” and Continued Reliance on Monreal-Aguinaga Post-Loper Bright: Flores-Rueda v. Bondi Introduction This commentary examines the Second...

Second Circuit reaffirms that vague internal complaints are not “protected activity” under Title VII and that comparators sharing the same protected traits undermine an inference of discriminatory motive

Date: Oct 16, 2025

Second Circuit reaffirms that vague internal complaints are not “protected activity” under Title VII and that comparators sharing the same protected traits undermine an inference of discriminatory...

Second Circuit Reaffirms: Documented Financial Restructuring and Outsourcing Can Defeat ADEA Pretext at Summary Judgment

Date: Oct 16, 2025

Second Circuit Reaffirms: Documented Financial Restructuring and Outsourcing Can Defeat ADEA Pretext at Summary Judgment Case: Tillman v. Grenadier Realty Corp., No. 24-2325-cv (2d Cir. Oct. 14,...

Clarifying IDEA Remand Scope and Procedural Violations: Second Circuit Summary Order on Bilingual Services, IEP Gaps, and Compensatory Education Timing

Date: Oct 16, 2025

Clarifying IDEA Remand Scope and Procedural Violations: Second Circuit Summary Order on Bilingual Services, IEP Gaps, and Compensatory Education Timing Introduction Case: Y.S. v. New York City...