2d Circuit Case Commentaries

“Rigorous Scrutiny of Inconsistencies and Corroboration in Asylum Claims” — Commentary on Hussain v. Bondi (2d Cir. 2025)

Date: Jun 23, 2025

“Rigorous Scrutiny of Inconsistencies and Corroboration in Asylum Claims” Commentary on Hussain v. Bondi, 24-1812 (2d Cir. 2025) Court of Appeals for the Second Circuit | Decided 20 June 2025 | ...

No Harm, No Constitutional Foul: Jordan v. Chiaroo and the Second Circuit’s Re-affirmation of the “Actual Injury” Requirement

Date: Jun 23, 2025

No Harm, No Constitutional Foul: Jordan v. Chiaroo and the Second Circuit’s Re-affirmation of the “Actual Injury” Requirement 1. Introduction Jordan v. Chiaroo, No. 24-2397 (2d Cir. June 20, 2025),...

Reaffirming the Five-Factor Colon Test – Khan v. Commissioner and the Tax Court’s Discretion to Dismiss for Failure to Prosecute

Date: Jun 23, 2025

Reaffirming the Five-Factor Colon Test – Khan v. Commissioner and the Tax Court’s Discretion to Dismiss for Failure to Prosecute Introduction Parties & Forum. Pro-se taxpayers Atif A. Khan and Huma...

Madelaine Chocolate v. Great Northern: Second Circuit Clarifies Insurer’s Trial-Stage Burden and Admissibility of Subjective Intent when Resolving Ambiguous Insurance Policies

Date: Jun 23, 2025

Madelaine Chocolate v. Great Northern: Second Circuit Clarifies Insurer’s Trial-Stage Burden and Admissibility of Subjective Intent when Resolving Ambiguous Insurance Policies 1. Introduction The...

Reaffirming the Final-Decision Requirement After Zoning Amendments: Commentary on Mills Pond Group, LLC v. Town of Smithtown

Date: Jun 23, 2025

Reaffirming the Final-Decision Requirement After Zoning Amendments: Mills Pond Group, LLC v. Town of Smithtown 1. Introduction Mills Pond Group, LLC v. Town of Smithtown (2d Cir. June 20, 2025) is...

“From ‘Sheer Surmise’ to Substantial Evidence” – The Second Circuit’s Refinement of Cat’s-Paw Retaliation and the Post-2019 NYSHRL Standard in Edelman v. NYU Langone

Date: Jun 20, 2025

“From ‘Sheer Surmise’ to Substantial Evidence” – The Second Circuit’s Refinement of Cat’s-Paw Retaliation and the Post-2019 NYSHRL Standard in Edelman v. NYU Langone 1. Introduction In Edelman v. NYU...

“Certification of the Right to Record Inside Police Facilities” – A Commentary on Reyes v. City of New York (2d Cir. 2025)

Date: Jun 20, 2025

“Certification of the Right to Record Inside Police Facilities” – A Commentary on Reyes v. City of New York (2d Cir. 2025) 1. Introduction The Second Circuit’s decision in Reyes v. City of New York,...

Affirming the Presumption of Reliability in Credible-Fear Interviews: Commentary on Singh v. Bondi (2d Cir. 2025)

Date: Jun 20, 2025

Affirming the Presumption of Reliability in Credible-Fear Interviews: Detailed Commentary on Singh v. Bondi, Second Circuit (2025) 1. Introduction Case name: Gurminder Singh v. Pamela Bondi, U.S....

Commentary – Re-affirming Complete § 301 LMRA Pre-emption over State-Law Challenges to Union-Negotiated COVID-19 Policies: Sullivan v. Gelb

Date: Jun 20, 2025

Re-affirming Complete § 301 LMRA Pre-emption over State-Law Challenges to Union-Negotiated COVID-19 Policies: Sullivan v. Gelb 1. Introduction Sullivan v. Gelb, No. 24-1917-cv (2d Cir. June 17 2025)...

United States v. Wilson: Reaffirming the “Strong Inference of Trustworthiness” Standard under Rule 804(b)(3) and Clarifying Evidentiary Sufficiency for “Use-of-Fire” Obstruction Offenses

Date: Jun 20, 2025

United States v. Wilson: Reaffirming the “Strong Inference of Trustworthiness” Standard under Federal Rule of Evidence 804(b)(3) and Clarifying Evidentiary Sufficiency for “Use-of-Fire” Obstruction...

“Bad-Faith” Alone Is Not Enough: The Second Circuit Re-Affirms Strict Limits on § 1988 Fee Awards After Nominal-Damages Verdicts

Date: Jun 18, 2025

“Bad-Faith” Alone Is Not Enough: The Second Circuit Re-Affirms Strict Limits on § 1988 Fee Awards After Nominal-Damages Verdicts 1 Introduction Knights v. City University of New York, No. 24-2887-cv...

Post-Severance Indictments and the Speedy Trial Clock: A Commentary on United States v. Baker (2d Cir. 2025)

Date: Jun 18, 2025

Post-Severance Indictments and the Speedy Trial Clock: A Commentary on United States v. Baker (2d Cir. 2025) Introduction On 16 June 2025 the United States Court of Appeals for the Second Circuit...

Clarifying Probation’s Authority Over Internet Restrictions in Supervised Release: A Commentary on United States v. Keleher (2d Cir. 2025)

Date: Jun 18, 2025

Clarifying Probation’s Authority Over Internet Restrictions in Supervised Release: A Comprehensive Commentary on United States v. Keleher (2d Cir. 2025) 1. Introduction On 16 June 2025 the United...

“Voluntary Correction as a Shield: The Second Circuit Re-Emphasizes the High Threshold for Franks Hearings in United States v. Mrabet”

Date: Jun 18, 2025

Voluntary Correction as a Shield: The Second Circuit Re-Emphasizes the High Threshold for Franks Hearings in United States v. Mrabet Introduction The Second Circuit’s summary order in United States...

Propensity Evidence Re-Invigorated: The Second Circuit Affirms Expansive Use of Federal Rules 413-415 and Narrow Review of Evidentiary Rulings

Date: Jun 18, 2025

Propensity Evidence Re-Invigorated: The Second Circuit Affirms Expansive Use of Federal Rules 413-415 and Narrow Review of Evidentiary Rulings Introduction The consolidated opinions in Carroll v....

“Clear-Error” Becomes the Governing Appellate Standard for Hardship Findings: A Commentary on Toalombo Yanez v. Bondi

Date: Jun 18, 2025

“Clear-Error” Becomes the Governing Appellate Standard for Hardship Findings: A Commentary on Toalombo Yanez v. Bondi 1. Introduction On 13 June 2025, the United States Court of Appeals for the...

Zheng v. Bondi – The Second Circuit’s Reinforced Approach to Cumulative Inconsistencies and Corroborative Evidence in Immigration Credibility Determinations

Date: Jun 18, 2025

Zheng v. Bondi – The Second Circuit’s Reinforced Approach to Cumulative Inconsistencies and Corroborative Evidence in Immigration Credibility Determinations 1. Introduction In Zheng v. Bondi, No....

United States v. Hines: Shifting the Burden—Defendants Must Prove Governmental Involvement in Private Digital Searches

Date: Jun 18, 2025

United States v. Hines: Shifting the Burden—Defendants Must Prove Governmental Involvement in Private Digital Searches 1. Introduction United States v. Hines, No. 23-7032-cr (2d Cir. 2025), concerns...

ERISA’s Anti-Alienation Provision Trumps N.Y. CPLR §5205(c)(5): A Second Circuit Clarification

Date: Jun 11, 2025

ERISA’s Anti-Alienation Provision Trumps N.Y. CPLR §5205(c)(5): A Second Circuit Clarification 1. Introduction Case: Office Create Corp. v. Planet Entertainment, LLC, No. 24-1879 (2d Cir. June 10,...

“Speculation Is Not Jurisdiction” – The Second Circuit’s Dual Clarifications on Personal-Jurisdiction Pleading and Harmless Error Review in El Omari v. Dechert LLP

Date: Jun 11, 2025

“Speculation Is Not Jurisdiction” – The Second Circuit’s Dual Clarifications on Personal-Jurisdiction Pleading and Harmless Error Review in El Omari v. Dechert LLP 1. Introduction On 9 June 2025 the...

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