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Second Circuit: Rule 37(b) Attorney Sanctions—Including MDL Leadership Removal and Common Benefit Restrictions—Are Not Immediately Appealable Under the Collateral Order Doctrine Introduction In In...
New York Claim Preclusion Reaffirmed: “Convenient Trial Unit” Is Non‑Dispositive; Different Contracts Do Not Avoid Res Judicata When Tied to the Same Transactional Nucleus Introduction This...
Content-Neutral, Not Content-Based: Second Circuit Holds New York’s UPL Restrictions on One-to-One Legal Advice Are Subject to Intermediate Scrutiny Introduction In Upsolve, Inc. v. James, the United...
Walton v. Comfort Systems: Fire Alarm Testing and Inspection Is Covered “Maintenance” Under NYLL § 220; Second Circuit Certifies Whether the Prevailing-Wage Promise Is Implied in All Public Works...
Neutral Laws Require Neutral Enforcement: Second Circuit Holds that Hostility-Tainted Discipline by a State Athletics Association Violates the Free Exercise Clause Introduction In Mid Vermont...
Second Circuit Reaffirms Strict Pleading, Causation, and Timeliness Requirements for Hybrid § 301/Duty of Fair Representation Claims: Goodman v. Local 804 (IBT) & UPS Note: This disposition is a...
Footnotes Don’t Preserve Arguments: Second Circuit’s Waiver Ruling on Grokster-Based “Right and Ability to Control” under DMCA §512(c) in Capitol Records v. Vimeo (Rehearing) Introduction This...
Applying Maiorana, the Second Circuit Confirms Incorporation-by-Reference of Supervised-Release Conditions and Upholds Broad Reasonable-Suspicion Search Condition: United States v. Gomez Introduction...
Punitive Damages in New York Defamation Need Not Be “Sole-Motive” Malice and Are Proven by a Preponderance: The Second Circuit’s Clarification in Carroll v. Trump Introduction In Carroll v. Trump,...
Temporal Proximity Must Be Very Close: One-Year Gap and Isolated Stray Remarks Are Insufficient to Plausibly Plead Discrimination or Retaliation under Title VII, NYSHRL, and NYCHRL Introduction This...
Medication-Compliance Clarifications and Reasonable‑Suspicion Digital‑Search Conditions on Supervised Release: The Second Circuit’s Guidance in United States v. Woods (Summary Order) Court: U.S....
No Constructive Amendment From Alternative MNPI Inferences; SDNY Venue Firmly Grounded for Nasdaq Trades: Commentary on United States v. Dagar (2d Cir. 2025) Note on precedential status: The decision...
Oral Pronouncement or Express Incorporation Required for “Standard” Supervised Release Conditions; Defendant-Requested Special Conditions Are Waived: Commentary on United States v. Wilson (2d Cir....
No Qualified Immunity for Blanket Denial of Access to Existing Congregate Religious Services Absent Penological Justification Introduction In Baltas v. Chapdelaine, No. 22-2813-cv (2d Cir. Sept. 3,...
“Direct and Significant” Means What It Says: Second Circuit Clarifies CEA § 2(i)(1) Extraterritorial Reach and Confirms No Artificial-Price Element for Rule 180.1 Fraud Introduction United States v....
“Restoration Period” Includes Functional Replacement of Lost Data; Audit and Covenant‑Compliance Costs Qualify as Extra Expenses After Electronic Equipment Failure (2d Cir. Summary Order) Case: Ariz....
No Placeholders on Form I-589: Second Circuit Upholds Abandonment for Lack of “Specific Substantive Answers,” Highlights Withholding/CAT Standards, and Flags Counsel Conduct Introduction In...
Second Circuit Holds That Nonpayment of Arbitral Fees Mid‑Arbitration Is Not a “Refusal to Arbitrate” Under FAA § 4 Introduction In Frazier v. X Corp., No. 24-1948 (2d Cir. Sept. 2, 2025), the U.S....
No Oral Hearing Required Under FRAP 46(b)(3) in Reciprocal Discipline; Baseless Judicial-Corruption Accusations Are Unprotected: Commentary on In re Jordan (2d Cir. 2025) Introduction This commentary...
No “Front‑End” Sentence Increases to Offset First Step Act Credits or RDAP: The Second Circuit’s Sentencing Blueprint in United States v. James Introduction United States v. James is a consequential...