United States v. Thomas: Context Controls “I Want a Lawyer,” Brady Stops at Non-Possessed Jail Calls, and Mid‑Trial Pro Se Requests Face Heightened Discretion Court: United States Court of Appeals...
Jin v. City of New York: No “Domestic-Dispute Skepticism” Rule for Probable Cause; Corroborated Nonverbal Victim Evidence Supports Arguable Probable Cause and Qualified Immunity 1. Introduction In...
Second Circuit Requires BIA “But-For” Merits Determinations When the Material-Support Bar Blocks Asylum/Withholding, Preserving Access to DHS Waivers 1. Introduction Sufiyan v. Bondi (2d Cir. Mar....
Post-Decision Evidence Warrants a § 405(g) Remand Only If It Is Material to the Denied Period (and RFC Need Not Mirror Any Single Opinion) Case: Benjamin v. Comm'r of Soc. Sec., No. 25-2343 (2d Cir....
Assignees in Privity Are Precluded from Relitigating Assignor’s Fully Adjudicated Claims 1. Introduction In Olsen v. Sherry-Netherland, Inc. (2d Cir. Mar. 11, 2026) (summary order), the Second...
Qualified Immunity Requires Summary Judgment When Video Is Not “Plainly Exculpatory” and Officers Could Reasonably Find Probable Cause Introduction In Sacaza v. City of New York (2d Cir. Mar. 11,...
Promises Made to the Debtor (Not the Creditor) Fall Outside N.Y. GOL § 5-701(a)(2) Suretyship—And Delaware Indemnification Requires an “Official Capacity” Nexus I. Introduction In AlSayer v. OmniX...
Surety Indemnity on Proof of Payment: Underlying Default Irrelevant Absent Bad Faith or Unreasonableness (Berkley Insurance Co. v. FG-PH Corp.) I. Introduction Berkley Insurance Co. v. FG-PH Corp....
Time Bars and Settlement/Res Judicata Defenses Are Merits Issues, Not Subject-Matter Jurisdiction Defects (Second Circuit Summary Order) Introduction In Welch v. Bio-Reference Lab'ys, Inc. (2d Cir....
Rule 60 Limits Reaffirmed: No Relitigation Under 60(b)(6) and Heightened Proof for 60(d) “Independent Action” and “Fraud on the Court,” with Leave-to-File Warning Introduction In Bruzzese v. Bondi...
Constructive Trust Under New York Law Requires Plausible Allegations of a Direct Promise Between the Claimant and the Defendant I. Introduction In Re: Orly Genger (2d Cir. Mar. 10, 2026) is a...
Second Circuit Reaffirms § 3553(a)(6) Targets Nationwide Disparities, Not Co-Defendant Parity, and Upholds Deferential Review of Sentencing Weighing Case: United States v. Schwartz (No. 24-2454-cr)...
Automatic Tolling Under New York COVID-19 Executive Orders (No Equitable Showing Required) and the Inapplicability of CPLR 205(a) After FSIA Personal-Jurisdiction Dismissals I. Introduction Case:...
Second Circuit Prohibits “Reverse Rule 12(d) Conversion”: Post-Discovery Motions Styled as Summary Judgment Must Be Decided on the Evidentiary Record 1. Introduction In Miller v. Lamanna (2d Cir....
Untimely Motions to Reopen Require Region-Specific, Material Deterioration Showing Systemic “Pattern or Practice” Persecution Introduction Chen v. Bondi (2d Cir. Mar. 9, 2026) concerns a Chinese...
Waivable Conflict from Counsel’s Firm’s Prior Representation of a Victim Bank and Permissible PSR Disclosure to Treatment Providers on Supervised Release I. Introduction In United States v. Wells (2d...
No Article III Adversity for § 1983 Equitable Relief Against Adjudicatory Firearms-Licensing Judges; Absolute Immunity for Licensing Denials Introduction Kellogg v. Nichols (2d Cir. amended Mar. 5,...
Schedule I Bar: Medical Marijuana Is Not a Reimbursable “Reasonable and Necessary” Medical Expense Under LHWCA § 7 1. Introduction Peña Garcia v. Department of Labor (2d Cir. Mar. 5, 2026) addresses...
Material Omissions and Inconsistent Reporting to Authorities Sustain Adverse Credibility, Defeating Asylum/Withholding/CAT on a Shared Factual Predicate Introduction In Guaman-Pacheco v. Bondi (2d...
Westfall Act Certification Timing Limits Derivative Jurisdiction; FTCA § 2401(b) Is Nonjurisdictional in Removed State-Filed Actions 1. Introduction Fiermonte v. Deonarain (2d Cir. Mar. 4, 2026)...