2d Circuit Case Commentaries

Second Circuit (Non-Precedential) Guidance on Successive Summary Judgment Motions and Relation-Forward Appellate Jurisdiction in Pro Se Prisoner Litigation

Date: Oct 16, 2025

Second Circuit (Non-Precedential) Guidance on Successive Summary Judgment Motions and Relation-Forward Appellate Jurisdiction in Pro Se Prisoner Litigation Note on precedential weight: This is a...

Drug Identity Is Not an Element of N.J. Stat. § 2C:35-5(b)(1): Second Circuit Bars the Modified Categorical Approach in Aggravated-Felony Removal

Date: Oct 16, 2025

Drug Identity Is Not an Element of N.J. Stat. § 2C:35-5(b)(1): Second Circuit Bars the Modified Categorical Approach in Aggravated-Felony Removal Case: Amaro Luna v. Bondi, No. 22-6399 (2d Cir. Oct....

Harmless-Error Controls § 1324 “Reckless Disregard” Instruction Disputes: United States v. Adames-Ramos (2d Cir. 2025)

Date: Oct 16, 2025

Harmless-Error Controls § 1324 “Reckless Disregard” Instruction Disputes: United States v. Adames-Ramos (2d Cir. 2025) Note: This is a Second Circuit Summary Order. Under FRAP 32.1 and Local Rule...

Errato v. Seder (2d Cir. 2025): No Federal Do‑Over of Divorce Judgments; Independent Fraud Claims May Evade the Domestic Relations Exception but Are Precluded After Prior Litigation

Date: Oct 11, 2025

Errato v. Seder (2d Cir. 2025): No Federal Do‑Over of Divorce Judgments; Independent Fraud Claims May Evade the Domestic Relations Exception but Are Precluded After Prior Litigation Court: U.S. Court...

Second Circuit confirms: Seven-figure emotional distress awards in attempted workplace rape need no medical proof; amounts exceeding the Title VII cap properly ride on NYCHRL/NYSHRL

Date: Oct 11, 2025

Second Circuit confirms: Seven-figure emotional distress awards in attempted workplace rape need no medical proof; amounts exceeding the Title VII cap properly ride on NYCHRL/NYSHRL Introduction In...

Reaffirming Broad District Court Discretion in § 3582(c)(2) Motions After Amendment 821: Emphasis on Unchanged Criminal History Is Permissible

Date: Oct 11, 2025

Reaffirming Broad District Court Discretion in § 3582(c)(2) Motions After Amendment 821: Emphasis on Unchanged Criminal History Is Permissible Introduction In United States v. Ahmed (No. 24-2629),...

Reaffirming the SSI Application Prerequisite and SSR 18‑01p’s Threshold: Anthony v. Saul (2d Cir. 2025)

Date: Oct 10, 2025

Reaffirming the SSI Application Prerequisite and SSR 18‑01p’s Threshold: Anthony v. Saul (2d Cir. 2025) Note on precedential status: This is a Second Circuit Summary Order, which does not have...

Chapter 7 Trustee Not Bound by Debtor‑Only Adversary Judgments; Rule 3007 Objections Are Timely Absent Court Deadlines; Fraud-Based Veil Piercing Requires Intent at Contract Formation

Date: Oct 10, 2025

Chapter 7 Trustee Not Bound by Debtor‑Only Adversary Judgments; Rule 3007 Objections Are Timely Absent Court Deadlines; Fraud-Based Veil Piercing Requires Intent at Contract Formation Commentary on...

Enforcing Appeal Waivers Absent Government Breach: Government May Characterize Offense Conduct and Argue § 3553(a) Factors Within a Stipulated Guidelines Range

Date: Oct 10, 2025

Enforcing Appeal Waivers Absent Government Breach: Government May Characterize Offense Conduct and Argue § 3553(a) Factors Within a Stipulated Guidelines Range Case: United States v. Handler (2d...

Second Circuit Extends Honeycutt to § 981(a)(1)(C): Criminal Forfeiture Requires Personal Acquisition of Proceeds

Date: Oct 10, 2025

Second Circuit Extends Honeycutt to § 981(a)(1)(C): Criminal Forfeiture Requires Personal Acquisition of Proceeds Introduction In United States v. Elias, the U.S. Court of Appeals for the Second...

Demanding Cogent Reasons for BIA Clear-Error Reversals of CAT Grants: Villalta Martinez v. Bondi (2d Cir. 2025)

Date: Oct 10, 2025

Demanding Cogent Reasons for BIA Clear-Error Reversals of CAT Grants: Villalta Martinez v. Bondi (2d Cir. 2025) Introduction In Villalta Martinez v. Bondi, the United States Court of Appeals for the...

Misaligned Debtor–Trustee Interests Preclude Res Judicata Against Chapter 7 Trustees; Claim Objections Under Rule 3007 Are Timely Absent Court-Set Deadlines

Date: Oct 10, 2025

Misaligned Debtor–Trustee Interests Preclude Res Judicata Against Chapter 7 Trustees; Claim Objections Under Rule 3007 Are Timely Absent Court-Set Deadlines Commentary on Myer's Lawn Care Services,...

Second Circuit Confirms Special-Needs Authority to Search a Parolee’s Cellphone, Distinguishing Riley When the Device Is Unauthorized

Date: Oct 10, 2025

Second Circuit Confirms Special-Needs Authority to Search a Parolee’s Cellphone, Distinguishing Riley When the Device Is Unauthorized Introduction In United States v. Smurphat (No. 24-1707, 2d Cir....

Deed-in-Lieu with Deficiency Waiver Fixes the Year of COD Income; No “Later-Discovery” Exception to the Variance Doctrine — Commentary on Salta v. United States (2d Cir. 2025)

Date: Oct 10, 2025

Deed-in-Lieu with Deficiency Waiver Fixes the Year of COD Income; No “Later-Discovery” Exception to the Variance Doctrine — Commentary on Salta v. United States (2d Cir. 2025) Court: U.S. Court of...

No Reversible Error from Unexplained “Associate Search” Reference: Second Circuit Affirms Under Harmless and Plain Error Frameworks in United States v. Morrison (Summary Order)

Date: Oct 10, 2025

No Reversible Error from Unexplained “Associate Search” Reference: Second Circuit Affirms Under Harmless and Plain Error Frameworks in United States v. Morrison (Summary Order) Introduction This...

“Life Minus Months Still Equals Life”: Second Circuit Reaffirms § 3583(h) Supervised-Release Calculus for § 2252A Revocations and Enforces Oral-Pronouncement Rule

Date: Oct 10, 2025

“Life Minus Months Still Equals Life”: Second Circuit Reaffirms § 3583(h) Supervised-Release Calculus for § 2252A Revocations and Enforces Oral-Pronouncement Rule Note on precedential status: This...

No FTCA Waiver When Vermont Workers’ Compensation Covers Multi‑Employer Injuries: Coverage by Any Employer Preserves Exclusive-Remedy Immunity for Federal “Statutory Employers”

Date: Oct 10, 2025

No FTCA Waiver When Vermont Workers’ Compensation Covers Multi‑Employer Injuries: Coverage by Any Employer Preserves Exclusive-Remedy Immunity for Federal “Statutory Employers” Case: Williams v....

Clark v. Valletta: Second Circuit Holds No Clearly Established Right to Specific Gender-Dysphoria Treatments; Qualified Immunity Applies and Objective Reasonableness Remains Distinct

Date: Oct 10, 2025

Clark v. Valletta: No Clearly Established Right to Specific Gender-Dysphoria Treatments; Objective Reasonableness Remains Distinct in Eighth Amendment Qualified Immunity Introduction In Clark v....

Fair Use Shields Satirical Broadcasts of Commissioned Cameo Videos; No Bad-Faith Bar, and Platform Terms Not Enforceable by Creators Absent Express Third-Party-Beneficiary Status

Date: Oct 10, 2025

Fair Use Shields Satirical Broadcasts of Commissioned Cameo Videos; No Bad-Faith Bar, and Platform Terms Not Enforceable by Creators Absent Express Third-Party-Beneficiary Status Case: Santos v....

Pleading Across Proceedings: Second Circuit Endorses Use of Other-Case Allegations (Rule 11–Limited) and Narrows “Storm Warnings” for Securities Act Timeliness — Commentary on Sherman v. Abengoa, S.A. (2d Cir. 2025)

Date: Oct 10, 2025

Pleading Across Proceedings: Second Circuit Endorses Use of Other-Case Allegations (Rule 11–Limited) and Narrows “Storm Warnings” for Securities Act Timeliness — Commentary on Sherman v. Abengoa,...

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