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2d Circuit Case Commentaries

Documentary Appraisals and the Need for Evidentiary Hearings in MVRA Restitution: A Commentary on United States v. Anderson (2d Cir. 2025)

Documentary Appraisals and the Need for Evidentiary Hearings in MVRA Restitution: A Commentary on United States v. Anderson (2d Cir. 2025)

Date: Dec 12, 2025
Documentary Appraisals and the Need for Evidentiary Hearings in MVRA Restitution: A Commentary on United States v. Anderson (2d Cir. 2025) I. Introduction This commentary analyzes the Second...
IDEA Exhaustion for ABA Therapy Framed as ADA/§504 Claims: Commentary on Derek S. v. Ballston Spa Central School District

IDEA Exhaustion for ABA Therapy Framed as ADA/§504 Claims: Commentary on Derek S. v. Ballston Spa Central School District

Date: Dec 12, 2025
IDEA Exhaustion for ABA Therapy Framed as ADA/§504 Claims: Commentary on Derek S. v. Ballston Spa Central School District I. Introduction This commentary analyzes the United States Court of Appeals...
No Presumption of Venire Taint from Stray Prospective Juror Comments: A Commentary on United States v. Htut (2d Cir. 2025)

No Presumption of Venire Taint from Stray Prospective Juror Comments: A Commentary on United States v. Htut (2d Cir. 2025)

Date: Dec 12, 2025
No Presumption of Venire Taint from Stray Prospective Juror Comments: A Commentary on United States v. Htut (2d Cir. 2025) I. Introduction This commentary analyzes the Second Circuit’s summary order...
Finality over Re‑Litigation: Claim Preclusion and the High Bar for Fraud on the Court in Vayani v. 146 W. 29th St. Owners Corp.

Finality over Re‑Litigation: Claim Preclusion and the High Bar for Fraud on the Court in Vayani v. 146 W. 29th St. Owners Corp.

Date: Dec 12, 2025
Finality over Re‑Litigation: Claim Preclusion and the High Bar for Fraud on the Court in Vayani v. 146 W. 29th St. Owners Corp. 1. Introduction In Vayani v. 146 W. 29th St. Owners Corp., No....
Reaffirming the Prophylactic Rule Against National-Origin-Based Sentencing: Commentary on United States v. Santibanez Cardona & Montoya Garcia

Reaffirming the Prophylactic Rule Against National-Origin-Based Sentencing: Commentary on United States v. Santibanez Cardona & Montoya Garcia

Date: Dec 12, 2025
Reaffirming the Prophylactic Rule Against National-Origin-Based Sentencing: Commentary on United States v. Santibanez Cardona & Montoya Garcia I. Introduction This commentary analyzes the Second...
Deterrence-Focused Consecutive Revocation Sentences After Esteras: Commentary on United States v. Duprey (2d Cir. 2025)

Deterrence-Focused Consecutive Revocation Sentences After Esteras: Commentary on United States v. Duprey (2d Cir. 2025)

Date: Dec 12, 2025
Deterrence-Focused Consecutive Revocation Sentences After Esteras: Commentary on United States v. Duprey (2d Cir. 2025) 1. Introduction United States v. Duprey, No. 24-2410 (2d Cir. Dec. 11, 2025)...
Jurisdictional and Immunity Barriers to Challenging FINRA Arbitrations and BrokerCheck Disclosures: Commentary on Tanjutco v. NYLife Sec. LLC

Jurisdictional and Immunity Barriers to Challenging FINRA Arbitrations and BrokerCheck Disclosures: Commentary on Tanjutco v. NYLife Sec. LLC

Date: Dec 12, 2025
Jurisdictional and Immunity Barriers to Challenging FINRA Arbitrations and BrokerCheck Disclosures: Commentary on Tanjutco v. NYLife Securities LLC (2d Cir. Dec. 9, 2025) I. Introduction This...

    Waiver of Pretrial Claims After Unconditional Guilty Pleas and Robust Use of Sentencing Cross‑References: Commentary on United States v. Skyfield (2d Cir. 2025)

Waiver of Pretrial Claims After Unconditional Guilty Pleas and Robust Use of Sentencing Cross‑References: Commentary on United States v. Skyfield (2d Cir. 2025)

Date: Dec 12, 2025
Waiver of Pretrial Claims After Unconditional Guilty Pleas and Robust Use of Sentencing Cross‑References: Commentary on United States v. Skyfield, No. 24‑2022 (2d Cir. Dec. 9, 2025) (Summary Order)...
Interpreting, Not Modifying: Appellate Jurisdiction over Orders Applying Existing IP Injunctions in Lego A/S v. Zuru Inc.

Interpreting, Not Modifying: Appellate Jurisdiction over Orders Applying Existing IP Injunctions in Lego A/S v. Zuru Inc.

Date: Dec 12, 2025
Interpreting, Not Modifying: Appellate Jurisdiction over Orders Applying Existing IP Injunctions in Lego A/S v. Zuru Inc. I. Introduction This commentary examines the United States Court of Appeals...
Felon Disarmament and Attempted-Murder Sentencing Under § 922(g)(1): Commentary on United States v. Scott (2d Cir. 2025)

Felon Disarmament and Attempted-Murder Sentencing Under § 922(g)(1): Commentary on United States v. Scott (2d Cir. 2025)

Date: Dec 12, 2025
Felon Disarmament and Attempted-Murder Sentencing Under § 922(g)(1): Commentary on United States v. Scott (2d Cir. 2025) I. Introduction The Second Circuit’s summary order in United States v. Scott,...
Clarifying the “Fair and Reasonable” Standard for Attorney Charging Liens Under N.Y. Judiciary Law § 475: Commentary on Rasmy v. Diederich (2d Cir. Dec. 11, 2025)

Clarifying the “Fair and Reasonable” Standard for Attorney Charging Liens Under N.Y. Judiciary Law § 475: Commentary on Rasmy v. Diederich (2d Cir. Dec. 11, 2025)

Date: Dec 12, 2025
Clarifying the “Fair and Reasonable” Standard for Attorney Charging Liens Under N.Y. Judiciary Law § 475: Commentary on Rasmy v. Diederich (2d Cir. Dec. 11, 2025) I. Introduction This Second Circuit...
Issue Preclusion from State Foreclosure Findings in Bankruptcy Claims: Commentary on In re Ditech Holding Corp. (2d Cir. 2025)

Issue Preclusion from State Foreclosure Findings in Bankruptcy Claims: Commentary on In re Ditech Holding Corp. (2d Cir. 2025)

Date: Dec 9, 2025
Issue Preclusion from State Foreclosure Findings in Bankruptcy Claims: Commentary on In re Ditech Holding Corp. (2d Cir. 2025) Note: The Second Circuit expressly issued this as a “Summary Order”...
United States v. Ng Chong Hwa: Superseding Indictments, Transit-Based Venue, and Proportionality in Mandatory Forfeiture

United States v. Ng Chong Hwa: Superseding Indictments, Transit-Based Venue, and Proportionality in Mandatory Forfeiture

Date: Dec 7, 2025
United States v. Ng Chong Hwa: Superseding Indictments, Transit-Based Venue, and Proportionality in Mandatory Forfeiture I. Introduction The Second Circuit’s decision in United States v. Ng Chong Hwa...
Pleading Scienter for Delegated Internal Control Failures: Commentary on Puchtler v. Barclays PLC (2d Cir. 2025)

Pleading Scienter for Delegated Internal Control Failures: Commentary on Puchtler v. Barclays PLC (2d Cir. 2025)

Date: Dec 7, 2025
Pleading Scienter for Delegated Internal Control Failures: Commentary on Puchtler v. Barclays PLC (2d Cir. 2025) I. Introduction This commentary examines the United States Court of Appeals for the...
Abandonment of Dispositive Issues and Counsel’s Duty of Candor in Immigration Appeals: Commentary on Medina‑Sarango v. Bondi (2d Cir. 2025)

Abandonment of Dispositive Issues and Counsel’s Duty of Candor in Immigration Appeals: Commentary on Medina‑Sarango v. Bondi (2d Cir. 2025)

Date: Dec 7, 2025
Abandonment of Dispositive Issues and Counsel’s Duty of Candor in Immigration Appeals: Commentary on Medina‑Sarango v. Bondi (2d Cir. 2025) 1. Introduction The Second Circuit’s summary order in...
United States v. Ross: Dismissal Without Prejudice and Voluntary Return of Property Do Not Make a CAFRA Claimant “Substantially Prevail”

United States v. Ross: Dismissal Without Prejudice and Voluntary Return of Property Do Not Make a CAFRA Claimant “Substantially Prevail”

Date: Dec 6, 2025
United States v. Ross: Dismissal Without Prejudice and Voluntary Return of Property Do Not Make a CAFRA Claimant “Substantially Prevail” I. Introduction In United States v. Ross, No. 24‑1421‑cv (2d...
United States v. Seabrook: Co‑Defendant Sentencing Disparities Are Not “Extraordinary and Compelling” Grounds for Compassionate Release

United States v. Seabrook: Co‑Defendant Sentencing Disparities Are Not “Extraordinary and Compelling” Grounds for Compassionate Release

Date: Dec 5, 2025
United States v. Seabrook: Co‑Defendant Sentencing Disparities Are Not “Extraordinary and Compelling” Grounds for Compassionate Release I. Introduction The Second Circuit’s summary order in United...
Summary-Judgment “But-For” Findings Do Not Bar Lost-Wage Damages on a Title VII Mixed-Motive Verdict: Commentary on Krause v. Kelahan (2d Cir. 2025)

Summary-Judgment “But-For” Findings Do Not Bar Lost-Wage Damages on a Title VII Mixed-Motive Verdict: Commentary on Krause v. Kelahan (2d Cir. 2025)

Date: Dec 4, 2025
Summary-Judgment “But-For” Findings Do Not Bar Lost-Wage Damages on a Title VII Mixed-Motive Verdict: Commentary on Krause v. Kelahan (2d Cir. 2025) I. Introduction The Second Circuit’s decision in...
United States v. Borrero: Application of Maiorana’s Oral-Pronouncement Rule and Endorsement of Standard Condition Six for Supervised Release

United States v. Borrero: Application of Maiorana’s Oral-Pronouncement Rule and Endorsement of Standard Condition Six for Supervised Release

Date: Dec 4, 2025
United States v. Borrero: Application of Maiorana’s Oral-Pronouncement Rule and Endorsement of Standard Condition Six for Supervised Release I. Introduction In United States v. Borrero, No. 24-942...
Nat’l Inst. of Fam. & Life Advocs. v. James: Nonprofit Referral Speech as Noncommercial Expression and Limits on Younger Abstention

Nat’l Inst. of Fam. & Life Advocs. v. James: Nonprofit Referral Speech as Noncommercial Expression and Limits on Younger Abstention

Date: Dec 3, 2025
Nat’l Inst. of Fam. & Life Advocs. v. James: Nonprofit Referral Speech as Noncommercial Expression and Limits on Younger Abstention I. Introduction In Nat’l Inst. of Family & Life Advocates v. James,...
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