No Surprises Act: No Implied Private Right of Action to Enforce IDR Payment Awards Court: United States Court of Appeals for the Second Circuit Case: E. Coast Advanced Plastic Surgery, LLC v. Cigna...
Second Circuit Establishes That Manual Cellphone Searches at the Border Are Routine, Suspicionless, and Unconstrained by an Independent First Amendment Warrant Requirement I. Introduction United...
Knowingly Presenting an Immigration Document with No Reasonable Basis in Law or Fact (18 U.S.C. § 1546(a), Paragraph Four) Categorically Constitutes a CIMT 1. Introduction In Nemis v. Blanche (2d...
Second Circuit: “Limited Partner” (I.R.C. § 1402(a)(13)) Means Limited Liability and No Managerial Control; NESE Is a TEFRA Partnership Item Reviewable in FPAA Proceedings 1. Introduction Case:...
Bergin v. N.Y. State Unified Court System: The Second Circuit Aligns Title VII Religious-Accommodation Prima Facie Proof with Abercrombie’s Motivating-Factor Standard 1. Introduction In Bergin v....
Second Circuit Adopts Hunt Test for Associational Standing Under § 1983 and Overrules Aguayo Case: Defending Education v. Croton-Harmon Union Free School District Court: U.S. Court of Appeals for the...
Defensive Setoff Is Not a Bankruptcy “Claim”: No Proof of Claim Required to Preserve Purely Defensive Setoff Rights 1. Introduction Case: In Re: SVB Fin. Grp. (2d Cir. Sept. 9, 2026). Parties: SVB...
CBP May Reopen/Reconsider Reinstatement Orders Under 8 C.F.R. § 103.5, and Denials Are Reviewable Under 8 U.S.C. § 1252(b)(6) I. Introduction Santos v. Blanche (2d Cir. Sept. 8, 2026) addresses two...
Monell Liability for Brady Violations Does Not Turn on Intent; “Forwarding” Limits Police Fair-Trial Fabrication Claims 1. Introduction Jimenez v. City of New York (2d Cir. Sept. 4, 2026) arises from...
TVPA Fee Awards: When a “Rare Case” Justifies Above-Forum Rates and Multi-Timekeeper Staffing I. Introduction Moore v. Rubin (2d Cir. Sept. 4, 2026) addresses a recurring, high-stakes question in...
Merger Doctrine at the Pleading Stage: Opinion-Based Price Lists Cannot Be Dismissed Without a Factual Record on Methodology and Numerical Range 1. Introduction In Rapaport v. Nivoda (2d Cir. Sept....
§ 922(g)(1) Unanimity Rule: Jury Need Not Agree on the Specific Firearm or Ammunition Possessed Case: United States v. Miguel Rivera, A/K/A Macho (2d Cir. Sept. 3, 2026) Court: United States Court of...
Cabined Delegation Rule for Third-Party Risk Notifications in Supervised Release: Courts May Authorize Probation to Identify At-Risk Third Parties When the Court Defines the Risk 1. Introduction In...
Second Circuit Adopts the “Maxwell Rule”: Appeals May Be Dismissed for Nonpayment of Sister-Circuit Rule 38 Sanctions in Related Matters 1. Introduction Arrowhead Capital Finance, Ltd. v. Picture Pro...
Second Circuit Adopts a Multi-Factor Test for When Denial of Leave to Amend Precludes a Later Suit 1. Introduction Trireme Energy Development v. RWE Renewables (2d Cir. Sept. 1, 2026) addresses a...
Federal Witness-Retaliation Conspiracy Under 18 U.S.C. § 1513(b) Is Categorically a CIMT; CIMT Ground Not Vague as Applied Case: Dziedziach v. Blanche (2d Cir. Aug. 31, 2026) Holding (core):...
Second Circuit: NFA Registration and (Former) $200 Tax Do Not “Meaningfully Constrain” Second Amendment Rights Under Bruen Step One United States v. DeFelice (2d Cir. Sept. 2, 2026) I. Introduction...
Second Circuit Rejects NLRB’s Tesla, Inc. Presumption and “Narrow Tailoring” for Dress Codes; Requires a Balanced Republic Aviation Analysis Case: Siren Retail Corp. v. NLRB (2d Cir. Sept. 2, 2026) |...
Indivisible-Conduct Disclaimers Cannot Defeat Federal-Officer Removal for PBMs in Opioid Public-Nuisance Litigation 1. Introduction In County of Westchester v. Express Scripts (2d Cir. Sept. 2,...
Public High School Classroom Displays Are Garcetti “Official-Duties” Speech (Government Speech) in the Second Circuit Case: Dolce v. Connetquot Cent. Sch. Dist. (2d Cir. Aug. 31, 2026) Court: United...