2d Circuit Case Commentaries

Nunez v. Commissioner of Social Security — RFC Must Address Off-Task Time and Absenteeism When “Moderate” CPP Limitations and VE Thresholds Are in the Record

Date: Dec 31, 2025

RFC Must Address Off-Task Time and Absenteeism When “Moderate” CPP Limitations and VE Thresholds Are in the Record Case: Nunez v. Commissioner of Social Security (2d Cir.) Decided: November 25, 2025...

United States v. Andino: Enforcing Plea-Agreement Waivers of Rule 32.2(b)(4)(B) Forfeiture Pronouncement/Notice Rights When the Substance Is Confirmed at the Plea Colloquy

Date: Dec 31, 2025

United States v. Andino: Enforcing Plea-Agreement Waivers of Rule 32.2(b)(4)(B) Forfeiture Pronouncement/Notice Rights When the Substance Is Confirmed at the Plea Colloquy Introduction In United...

Private Sporting-Competition Governance Is Not State Action Absent Compulsion/Nexus/Public Function, and Arbitration Rights May Be Waived by Extensive Federal Litigation

Date: Dec 30, 2025

Private Sporting-Competition Governance Is Not State Action Absent Compulsion/Nexus/Public Function, and Arbitration Rights May Be Waived by Extensive Federal Litigation 1. Introduction In Gerding v....

Substance Over Corporate Form: The Second Circuit Holds that Employer-Imposed Incorporation Cannot Defeat the FAA § 1 Transportation Worker Exemption

Date: Dec 26, 2025

Substance Over Corporate Form: The Second Circuit Holds that Employer-Imposed Incorporation Cannot Defeat the FAA § 1 Transportation Worker Exemption I. Introduction In Silva v. Schmidt Baking...

State Custody, Not Admission Status: The Second Circuit’s Control-and-Dependency Test for Due Process Duties to Voluntarily Committed Residents

Date: Dec 26, 2025

State Custody, Not Admission Status: The Second Circuit’s Control-and-Dependency Test for Substantive Due Process Duties to Voluntarily Committed Residents Commentary on J.M. v. Sessions, No....

Implicit Breaches of Plea Agreements and Improper Reliance on First Step Act Credits: Commentary on United States v. Bland (2d Cir. 2025)

Date: Dec 24, 2025

Implicit Breaches of Plea Agreements and Improper Reliance on First Step Act Credits: Commentary on United States v. Bland (2d Cir. 2025) I. Introduction The Second Circuit’s summary order in United...

Finality of “Without Prejudice” Dismissals and Limits on § 1983 Suits over Workers’ Compensation Benefits: Commentary on Petre v. American Motorist Insurance Co.

Date: Dec 24, 2025

Finality of “Without Prejudice” Dismissals and Limits on § 1983 Suits over Workers’ Compensation Benefits: Commentary on Petre v. American Motorist Insurance Co. Court: U.S. Court of Appeals for the...

Corroboration and Inconsistency in Asylum Credibility Assessments: Commentary on Patel v. Bondi (2d Cir. 2025)

Date: Dec 23, 2025

Corroboration and Inconsistency in Asylum Credibility Determinations: Patel v. Bondi (2d Cir. 2025) Case: Patel v. Bondi, No. 24-356 (2d Cir. Dec. 22, 2025) (summary order) Court: United States Court...

Qualified Immunity and the Rearrest of Erroneously Released Prisoners Under New York CPL § 380.60: Commentary on Aurecchione v. Falco (2d Cir. 2025 Summary Order)

Date: Dec 23, 2025

Qualified Immunity and the Rearrest of Erroneously Released Prisoners Under New York CPL § 380.60: Commentary on Aurecchione v. Falco (2d Cir. 2025 Summary Order) I. Introduction This commentary...

Disciplinary Surcharges on Pretrial Detainees as Potential Fourteenth Amendment “Punishment”: Commentary on Bass v. Swartwood (2d Cir. 2025)

Date: Dec 23, 2025

Disciplinary Surcharges on Pretrial Detainees as Potential Fourteenth Amendment “Punishment”: Commentary on Bass v. Swartwood (2d Cir. 2025) I. Introduction This commentary analyzes the Second...

Strict Issue Exhaustion and Deference to Adverse Credibility Determinations in Asylum Cases: Commentary on Kalombo v. Bondi (2d Cir. 2025)

Date: Dec 23, 2025

Strict Issue Exhaustion and Deference to Adverse Credibility Determinations in Asylum Cases: Commentary on Kalombo v. Bondi (2d Cir. 2025) I. Introduction The United States Court of Appeals for the...

United States v. Gunn: Consecutive Sentences for Hobbs Act Conspiracy and Attempt Beyond the 20‑Year Maximum

Date: Dec 20, 2025

United States v. Gunn: Consecutive Sentences for Hobbs Act Conspiracy and Attempt Beyond the 20‑Year Maximum I. Introduction The Second Circuit’s decision in United States v. Gunn, No. 24‑2430‑cr (2d...

Poor v. Parking Systems Plus, Inc.: Winter, McKinney, and the “Perfectly Clear” Successor in § 10(j) Practice

Date: Dec 20, 2025

Poor v. Parking Systems Plus, Inc.: The Second Circuit’s First Full Winter–McKinney § 10(j) Decision and a Strong Reaffirmation of Successor Employer Obligations I. Introduction Poor v. Parking...

United States v. Boone: Applying § 2G2.2 with “Great Care” and a Flexible Paroline Restitution Analysis in a Non‑Precedential Summary Order

Date: Dec 20, 2025

United States v. Boone: Applying § 2G2.2 with “Great Care” and a Flexible Paroline Restitution Analysis in a Non‑Precedential Summary Order I. Introduction In United States v. Boone, Nos. 25‑272‑cr...

Matthews v. Rasa: Pleading Standards for Pro Se Title VII and ADEA Claims in the Second Circuit

Date: Dec 20, 2025

Matthews v. Rasa: Pleading Standards for Pro Se Title VII and ADEA Claims in the Second Circuit I. Introduction Matthews v. Rasa, No. 24-2499-cv (2d Cir. Dec. 19, 2025) (summary order), is a...

Strict Enforcement of Issue Preservation and Counsel Competence in Immigration Appeals: Commentary on Salazar‑Gutierrez v. Bondi (2d Cir. Dec. 19, 2025)

Date: Dec 20, 2025

Strict Enforcement of Issue Preservation and Counsel Competence in Immigration Appeals: Commentary on Salazar‑Gutierrez v. Bondi (2d Cir. Dec. 19, 2025) I. Introduction This commentary analyzes the...

Material Omissions, Authorship Inconsistencies, and “Canned” Corroboration: The Second Circuit’s Application of Adverse Credibility Principles in Padilla‑Guaman v. Bondi

Date: Dec 20, 2025

Material Omissions, Authorship Inconsistencies, and “Canned” Corroboration: The Second Circuit’s Application of Adverse Credibility Principles in Padilla‑Guaman v. Bondi I. Introduction This...

Veksler v. Wipro, LLC: Reaffirming the “Conscious Objective” Intent Standard Under ECPA, SCA, and CFAA

Date: Dec 20, 2025

Veksler v. Wipro, LLC: Reaffirming the “Conscious Objective” Intent Standard Under ECPA, SCA, and CFAA Court: United States Court of Appeals for the Second Circuit (Summary Order) Docket: No. 25-369...

United States v. Brazoban: Silence at Sentencing Is Not Waiver and Typographical Corrections to Supervised-Release Conditions Are Permissible Clarifications

Date: Dec 20, 2025

United States v. Brazoban: Silence at Sentencing Is Not Waiver and Typographical Corrections to Supervised-Release Conditions Are Permissible Clarifications Court: United States Court of Appeals for...

Younger Abstention and Probation Violation Appeals: Commentary on Torres v. Office of Adult Probation (2d Cir. 2025)

Date: Dec 20, 2025

Younger Abstention and Probation Violation Appeals: Commentary on Torres v. Office of Adult Probation (2d Cir. 2025) I. Introduction This commentary analyzes the Second Circuit’s summary order in...