2d Circuit Case Commentaries

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,...

Independent Warrant Analysis Required for Ride‑Hail App Searches During Traffic Stops: Second Circuit’s Nonprecedential Reminder in Etere v. Nassau County

Date: Oct 9, 2025

Independent Warrant Analysis Required for Ride‑Hail App Searches During Traffic Stops: Second Circuit’s Nonprecedential Reminder in Etere v. Nassau County Introduction In Etere v. Nassau County (No....

No Clearly Established Right to Proximity-Based Religious Accommodation in Prison Laundry: Tripathy v. Lockwood (2d Cir. 2025 Summary Order)

Date: Oct 9, 2025

No Clearly Established Right to Proximity-Based Religious Accommodation in Prison Laundry: Tripathy v. Lockwood (2d Cir. 2025 Summary Order) Introduction This commentary analyzes the Second Circuit’s...

Reaffirming Individualized Justifications Yet Affirming via Plain-Error Narrow Constructions: The Second Circuit’s Approach to Special Supervised Release Conditions in United States v. Schloss

Date: Oct 9, 2025

Reaffirming Individualized Justifications Yet Affirming via Plain-Error Narrow Constructions: The Second Circuit’s Approach to Special Supervised Release Conditions in United States v. Schloss...

Fee-Shifting After Remand: Second Circuit Confirms § 1447(c) Awards in “Unusual Circumstances” and Permits Post-Precedent Reasonableness Assessment

Date: Oct 9, 2025

Fee-Shifting After Remand: Second Circuit Confirms § 1447(c) Awards in “Unusual Circumstances” and Permits Post-Precedent Reasonableness Assessment Introduction In City of New York v. Exxon Mobil...

“#1 Brand” Claims Under the Lanham Act: The Second Circuit Clarifies That Literal Falsity Requires an Unambiguous Consumer Meaning When “Brand” May Refer to Parent or Product Lines

Date: Oct 9, 2025

“#1 Brand” Claims Under the Lanham Act: The Second Circuit Clarifies That Literal Falsity Requires an Unambiguous Consumer Meaning When “Brand” May Refer to Parent or Product Lines Introduction In...

Non‑Precedential Guidance on Inconclusive DNA Evidence, Constructive Possession, and the § 2K2.1(b)(6)(B) “In-Connection-With” Enhancement: Commentary on United States v. Fable (2d Cir. 2025)

Date: Oct 9, 2025

Non‑Precedential Guidance on Inconclusive DNA Evidence, Constructive Possession, and the § 2K2.1(b)(6)(B) “In-Connection-With” Enhancement: Commentary on United States v. Fable (2d Cir. 2025)...

United States v. Halls: A Generic Reference to “Standard Conditions” Is Not a Valid Pronouncement of Non‑Mandatory Supervised Release Terms

Date: Oct 2, 2025

United States v. Halls: A Generic Reference to “Standard Conditions” Is Not a Valid Pronouncement of Non‑Mandatory Supervised Release Terms Second Circuit, Summary Order (Oct. 1, 2025). Panel: Judges...

Borelli v. Bisignano: When Treating Sources Refuse, No Further Duty to Develop; Step-Four Denial May Rest on Ability to Perform the “Previous Specific Job”; Later Favorable Decisions Don’t Compel Remand

Date: Oct 2, 2025

Borelli v. Bisignano: When Treating Sources Refuse, No Further Duty to Develop; Step-Four Denial May Rest on Ability to Perform the “Previous Specific Job”; Later Favorable Decisions Don’t Compel...

Futility Requires Evidence and CAT Demands Official Acquiescence: Guidance from Masaquiza‑Masaquiza v. Bondi (2d Cir. 2025)

Date: Oct 1, 2025

Futility Requires Evidence and CAT Demands Official Acquiescence: Guidance from Masaquiza‑Masaquiza v. Bondi (2d Cir. 2025) Note: This decision is a Summary Order of the U.S. Court of Appeals for the...

No Cognizable PSG for Generic Police Informants and No Political-Opinion Nexus; CAT Requires Particularized Risk: Second Circuit’s Summary Order in Velecela Rojas v. Bondi

Date: Oct 1, 2025

No Cognizable PSG for Generic Police Informants and No Political-Opinion Nexus; CAT Requires Particularized Risk: Second Circuit’s Summary Order in Velecela Rojas v. Bondi Court: United States Court...

Second Circuit Reaffirms Permissibility of §2L1.2 “Double Counting” and Deferential Substantive-Reasonableness Review in Illegal-Reentry Sentencing

Date: Oct 1, 2025

Second Circuit Reaffirms Permissibility of §2L1.2 “Double Counting” and Deferential Substantive-Reasonableness Review in Illegal-Reentry Sentencing Introduction In United States v. Garcia-Gonzalez,...

Compliance with New York’s Health‑Care Vaccine Rule Defeats Title VII Religious-Accommodation Claims Absent a Proposed Duty Change; Short-Term Leave Alone Does Not Plead an ADA Disability

Date: Oct 1, 2025

Compliance with New York’s Health‑Care Vaccine Rule Defeats Title VII Religious-Accommodation Claims Absent a Proposed Duty Change; Short-Term Leave Alone Does Not Plead an ADA Disability Case: Cagle...

Physical Menace in Vermont Assault-and-Robbery Is a Crime of Violence Under the Guidelines’ Force Clause (Second Circuit Summary Order)

Date: Oct 1, 2025

Physical Menace in Vermont Assault-and-Robbery Is a Crime of Violence Under the Guidelines’ Force Clause (Second Circuit Summary Order) Case: United States v. Williams, No. 24-2696-cr (2d Cir. Sept....

Reaffirming a Particularly Deferential Substantive Reasonableness Review: Second Circuit Upholds High-End Guidelines Sentence Despite Lower Recommendations and Aggregate Disparity Data

Date: Oct 1, 2025

Reaffirming a Particularly Deferential Substantive Reasonableness Review: Second Circuit Upholds High-End Guidelines Sentence Despite Lower Recommendations and Aggregate Disparity Data Note: This is...

Reaffirming Pasternack’s Narrow Duty for Drug-Testing Labs: Procedural Irregularities Alone Do Not State Negligence Under New York Law

Date: Oct 1, 2025

Reaffirming Pasternack’s Narrow Duty for Drug-Testing Labs: Procedural Irregularities Alone Do Not State Negligence Under New York Law Introduction In Spencer v. Omega Laboratories, Inc., No....

Second Circuit reaffirms: delayed school-location notice does not deny FAPE absent prejudice; overlapping IEP services can satisfy goals without music, hearing, or vision therapies

Date: Oct 1, 2025

Second Circuit reaffirms: delayed school-location notice does not deny FAPE absent prejudice; overlapping IEP services can satisfy goals without music, hearing, or vision therapies Introduction In...

Unusual Deference to Mandated Reporters Reaffirmed; Consent-Based Home Body Checks Upheld; Qualified Immunity Shields § 1983 “Malicious Prosecution” Theories Based on Article 10 Petitions — Commentary on Stollman v. Williams (2d Cir. 2025)

Date: Oct 1, 2025

Unusual Deference to Mandated Reporters Reaffirmed; Consent-Based Home Body Checks Upheld; Qualified Immunity Shields § 1983 “Malicious Prosecution” Theories Based on Article 10 Petitions Commentary...

Abandonment Is Fatal: Second Circuit Reaffirms “One Central Reason” Nexus for Withholding and CAT Acquiescence Requirement; Refers Counsel to Grievance Panel (Guerrero-Andachz v. Bondi)

Date: Oct 1, 2025

Abandonment Is Fatal: Second Circuit Reaffirms “One Central Reason” Nexus for Withholding and CAT Acquiescence Requirement; Refers Counsel to Grievance Panel Introduction In Guerrero-Andachz v....

Second Circuit Reinforces Specificity in Software Trade Secrets and Limits NDAs to Information Actually Treated as Confidential — Capricorn Mgmt. Sys., Inc. v. GEICO & CCC (2d Cir. 2025)

Date: Oct 1, 2025

Second Circuit Reinforces Specificity in Software Trade Secrets and Limits NDAs to Information Actually Treated as Confidential — Capricorn Mgmt. Sys., Inc. v. GEICO & CCC (2d Cir. 2025) Court: U.S....

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