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2d Circuit Case Commentaries

Angarita v. Bondi: Second Circuit Reaffirms the Departure Bar’s Jurisdictional Force and Strict Exhaustion in Motions to Reopen

Angarita v. Bondi: Second Circuit Reaffirms the Departure Bar’s Jurisdictional Force and Strict Exhaustion in Motions to Reopen

Date: Jul 11, 2025
Angarita v. Bondi: Second Circuit Reaffirms the Departure Bar’s Jurisdictional Force and Strict Exhaustion in Motions to Reopen Introduction On 8 July 2025, the United States Court of Appeals for the...
Reaffirming the Limits of Copyright Protection and the Absence of a Private Right of Action under Federal Criminal-Copyright Provisions: Commentary on Jones v. Atlantic Recording Corp. (2d Cir. 2025)

Reaffirming the Limits of Copyright Protection and the Absence of a Private Right of Action under Federal Criminal-Copyright Provisions: Commentary on Jones v. Atlantic Recording Corp. (2d Cir. 2025)

Date: Jul 11, 2025
Reaffirming the Limits of Copyright Protection and the Absence of a Private Right of Action under Federal Criminal-Copyright Provisions: Lessons from Jones v. Atlantic Recording Corp. (2d Cir. 2025)...
Strategic Settlements in Federal Equity Receiverships: Second Circuit Affirms Expansive District-Court Discretion

Strategic Settlements in Federal Equity Receiverships: Second Circuit Affirms Expansive District-Court Discretion

Date: Jul 11, 2025
Strategic Settlements in Federal Equity Receiverships: Second Circuit Affirms Expansive District-Court Discretion Introduction In Stadtmauer v. Court-Appointed Receiver, Nos. 24-1973-cv(L);...
United States v. Acosta: Post-Bruen Endorsement of Felon-in-Possession Prohibitions and Plain-Error Review of Gang-Association Conditions

United States v. Acosta: Post-Bruen Endorsement of Felon-in-Possession Prohibitions and Plain-Error Review of Gang-Association Conditions

Date: Jul 11, 2025
United States v. Acosta: Post-Bruen Endorsement of Felon-in-Possession Prohibitions and Plain-Error Review of Gang-Association Conditions Introduction United States v. Acosta, No. 24-965 (2d Cir....
Reaffirming the Breadth of § 371: United States v. Lingat and the Continued Vitality of the Klein Conspiracy Doctrine

Reaffirming the Breadth of § 371: United States v. Lingat and the Continued Vitality of the Klein Conspiracy Doctrine

Date: Jul 11, 2025
Reaffirming the Breadth of § 371: United States v. Lingat and the Continued Vitality of the Klein Conspiracy Doctrine 1. Introduction United States v. Lingat, No. 24-2328-cr (2d Cir. Jul. 8, 2025),...
From Jurisdictional Bar to Waivable Deadline: The Second Circuit Embraces Riley and Declares 8 U.S.C. § 1252(b)(1)’s 30-Day Limit a Non-Jurisdictional Claim-Processing Rule

From Jurisdictional Bar to Waivable Deadline: The Second Circuit Embraces Riley and Declares 8 U.S.C. § 1252(b)(1)’s 30-Day Limit a Non-Jurisdictional Claim-Processing Rule

Date: Jul 11, 2025
From Jurisdictional Bar to Waivable Deadline: The Second Circuit Embraces Riley and Declares 8 U.S.C. § 1252(b)(1)’s 30-Day Limit a Non-Jurisdictional Claim-Processing Rule 1. Introduction...
Johnston v. Court-Appointed Receiver (2d Cir. 2025):  Automatic Chapter 15 Stay Does Not Shield a Debtor’s Own Affirmative Claims in a U.S. Equity Receivership

Johnston v. Court-Appointed Receiver (2d Cir. 2025): Automatic Chapter 15 Stay Does Not Shield a Debtor’s Own Affirmative Claims in a U.S. Equity Receivership

Date: Jul 3, 2025
Johnston v. Court-Appointed Receiver (2d Cir. 2025): Automatic Chapter 15 Stay Does Not Shield a Debtor’s Own Affirmative Claims in a U.S. Equity Receivership 1. Introduction John Johnston and Edward...

        The Right-to-Collect Doctrine:    Second Circuit Affirms §664 Liability for Conversion of Contractual Benefit-Fund Claims

The Right-to-Collect Doctrine: Second Circuit Affirms §664 Liability for Conversion of Contractual Benefit-Fund Claims

Date: Jul 3, 2025
The Right-to-Collect Doctrine: Second Circuit Affirms § 664 Liability for Conversion of Contractual Benefit-Fund Claims 1. Introduction United States v. O’Sullivan (23-7076-cr, decided 2 July 2025)...
United States v. Salim: Reaffirming Rule 48(a) Dismissals Without Defendant Consent & Tightening Access to Coram Nobis

United States v. Salim: Reaffirming Rule 48(a) Dismissals Without Defendant Consent & Tightening Access to Coram Nobis

Date: Jul 3, 2025
United States v. Salim: Reaffirming the Government’s Unilateral Authority under Rule 48(a) and Limiting Coram Nobis Relief Following Non-Prejudicial Dismissals 1. Introduction Mamdouh Mahmud Salim –...
“Solvent Traps” as Silencers & the Post-Zherka Constitutionality of 18 U.S.C. § 922(g)(1): A Commentary on United States v. Sternquist (2d Cir. 2025)

“Solvent Traps” as Silencers & the Post-Zherka Constitutionality of 18 U.S.C. § 922(g)(1): A Commentary on United States v. Sternquist (2d Cir. 2025)

Date: Jul 3, 2025
“Solvent Traps” as Silencers & the Post-Zherka Constitutionality of 18 U.S.C. § 922(g)(1) A Structured Commentary on United States v. Sternquist, 24-2135-cr (2d Cir. July 2 2025) (Summary Order)...
Second Circuit Re-Affirms Constitutionality of 18 U.S.C. § 922(g)(1) Against Post-Bruen Challenges, Even by “Non-Violent” Felons

Second Circuit Re-Affirms Constitutionality of 18 U.S.C. § 922(g)(1) Against Post-Bruen Challenges, Even by “Non-Violent” Felons

Date: Jul 3, 2025
Second Circuit Re-Affirms Constitutionality of 18 U.S.C. § 922(g)(1) Against Post-Bruen Challenges, Even by “Non-Violent” Felons Introduction United States v. Williams, No. 23-6840-cr (2d Cir. July...
“The Flinton Rule” – A Second-Circuit Mandate for Reassignment to a New ALJ After Any Unremedied Appointments-Clause Violation

“The Flinton Rule” – A Second-Circuit Mandate for Reassignment to a New ALJ After Any Unremedied Appointments-Clause Violation

Date: Jul 3, 2025
“The Flinton Rule” – A Second-Circuit Mandate for Reassignment to a New ALJ After Any Unremedied Appointments-Clause Violation 1. Introduction Flinton v. Commissioner of Social Security, Docket No....
“A Tale of Two Plaintiffs” – The Second Circuit’s Dual-Track Standard for Assessing Sincerity of Religious Beliefs at Summary Judgment (Gardner-Alfred v. Federal Reserve Bank of New York)

“A Tale of Two Plaintiffs” – The Second Circuit’s Dual-Track Standard for Assessing Sincerity of Religious Beliefs at Summary Judgment (Gardner-Alfred v. Federal Reserve Bank of New York)

Date: Jul 3, 2025
“A Tale of Two Plaintiffs” – The Second Circuit’s Dual-Track Standard for Assessing Sincerity of Religious Beliefs at Summary Judgment (Gardner-Alfred v. Federal Reserve Bank of New York, 23-7544, 2d...
“No Vacatur Outside the Seat”: Second Circuit Rules U.S. Courts Lack Subject-Matter Jurisdiction to Set Aside Foreign Arbitral Awards under FAA § 203

“No Vacatur Outside the Seat”: Second Circuit Rules U.S. Courts Lack Subject-Matter Jurisdiction to Set Aside Foreign Arbitral Awards under FAA § 203

Date: Jul 3, 2025
“No Vacatur Outside the Seat”: Second Circuit Rules U.S. Courts Lack Subject-Matter Jurisdiction to Set Aside Foreign Arbitral Awards under FAA § 203 1. Introduction Molecular Dynamics, Ltd. v....
Commentary on United States v. Lopez (2d Cir. 2025):  Foreign Commercial Bribery Confirmed as Honest-Services Wire Fraud under 18 U.S.C. § 1346

Commentary on United States v. Lopez (2d Cir. 2025): Foreign Commercial Bribery Confirmed as Honest-Services Wire Fraud under 18 U.S.C. § 1346

Date: Jul 3, 2025
Foreign Commercial Bribery Confirmed as Honest-Services Wire Fraud: A Comprehensive Commentary on United States v. Lopez, 87 F.4th ___ (2d Cir. 2025) 1. Introduction United States v. Lopez is the...
“When a Written Judgment Conflicts with the Oral Pronouncement: Clarifying District Courts’ Duties in § 2255 Sentence Corrections – A Commentary on United States v. Barrow (2d Cir. 2025)”

“When a Written Judgment Conflicts with the Oral Pronouncement: Clarifying District Courts’ Duties in § 2255 Sentence Corrections – A Commentary on United States v. Barrow (2d Cir. 2025)”

Date: Jul 3, 2025
When a Written Judgment Conflicts with the Oral Pronouncement: Clarifying District Courts’ Duties in § 2255 Sentence Corrections – A Commentary on United States v. Barrow (2d Cir. 2025) 1....
Kurtz v. Kimberly-Clark Corp.: Second Circuit Requires Proportionality Review of Attorney’s Fees and Class Relief Under Rule 23(e)

Kurtz v. Kimberly-Clark Corp.: Second Circuit Requires Proportionality Review of Attorney’s Fees and Class Relief Under Rule 23(e)

Date: Jul 3, 2025
Kurtz v. Kimberly-Clark Corp.: Second Circuit Requires Proportionality Review of Attorney’s Fees and Class Relief Under Rule 23(e) Introduction In Kurtz v. Kimberly-Clark Corp., Nos. 24-425 & 24-454...
Ferguson v. City of New York: Reinforcing the Evidentiary Threshold to Rebut Grand-Jury Probable Cause and Advance § 1983 Malicious-Prosecution and Fair-Trial Claims on Summary Judgment

Ferguson v. City of New York: Reinforcing the Evidentiary Threshold to Rebut Grand-Jury Probable Cause and Advance § 1983 Malicious-Prosecution and Fair-Trial Claims on Summary Judgment

Date: Jul 3, 2025
Ferguson v. City of New York: Reinforcing the Evidentiary Threshold to Rebut Grand-Jury Probable Cause and Advance § 1983 Malicious-Prosecution and Fair-Trial Claims on Summary Judgment Introduction...

    “Cash Is Not a Record”: The Second Circuit’s Re-affirmation that
    Mental Reconstructions and Lost Papers Do Not Excuse a §727(a)(3) Violation

“Cash Is Not a Record”: The Second Circuit’s Re-affirmation that Mental Reconstructions and Lost Papers Do Not Excuse a §727(a)(3) Violation

Date: Jul 3, 2025
“Cash Is Not a Record”: The Second Circuit’s Re-affirmation that Mental Reconstructions and Lost Papers Do Not Excuse a §727(a)(3) Violation 1. Introduction The Second Circuit’s summary order in In...
Reaffirming the Necessity of Bad-Faith Allegations to Pierce § 102(b)(7) Shields in Disclosure-Based SPAC Merger Challenges: A Commentary on Mullen v. Bell (2d Cir. 2025)

Reaffirming the Necessity of Bad-Faith Allegations to Pierce § 102(b)(7) Shields in Disclosure-Based SPAC Merger Challenges: A Commentary on Mullen v. Bell (2d Cir. 2025)

Date: Jul 3, 2025
Reaffirming the Necessity of Bad-Faith Allegations to Pierce § 102(b)(7) Shields in Disclosure-Based SPAC Merger Challenges: Mullen v. Bell, 24-2291 (2d Cir. 2025) Introduction Mullen v. Bell...
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