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  • Commentaries
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2d Circuit Case Commentaries

No Interlocutory Appeal of Qualified Immunity Denials When Genuine Fact Disputes Persist: Cornelius v. Luna (2d Cir. 2025)

No Interlocutory Appeal of Qualified Immunity Denials When Genuine Fact Disputes Persist: Cornelius v. Luna (2d Cir. 2025)

Date: Sep 30, 2025
No Interlocutory Appeal of Qualified Immunity Denials When Genuine Fact Disputes Persist: Cornelius v. Luna (2d Cir. 2025) Court: U.S. Court of Appeals for the Second Circuit (Summary Order,...
No Constructive Amendment Where §1344 Indictment Language Subsumes Both Prongs; Second Circuit Reaffirms Deference to “Intended Loss” Commentary and Jointly Undertaken Activity at Sentencing (United States v. Rahmankulov)

No Constructive Amendment Where §1344 Indictment Language Subsumes Both Prongs; Second Circuit Reaffirms Deference to “Intended Loss” Commentary and Jointly Undertaken Activity at Sentencing (United States v. Rahmankulov)

Date: Sep 30, 2025
No Constructive Amendment Where §1344 Indictment Language Subsumes Both Prongs; Second Circuit Reaffirms Deference to “Intended Loss” Commentary and Jointly Undertaken Activity at Sentencing Case:...
“Move Over” Means Move Over: Second Circuit (Nonprecedential) Clarification That N.Y. VTL § 1144-a(b) Mandates a Lane Change (When Safe), Supporting Reasonable Suspicion for a Traffic Stop

“Move Over” Means Move Over: Second Circuit (Nonprecedential) Clarification That N.Y. VTL § 1144-a(b) Mandates a Lane Change (When Safe), Supporting Reasonable Suspicion for a Traffic Stop

Date: Sep 30, 2025
“Move Over” Means Move Over: Second Circuit (Nonprecedential) Clarification That N.Y. VTL § 1144-a(b) Mandates a Lane Change (When Safe), Supporting Reasonable Suspicion for a Traffic Stop...
Reaffirming Deference to Sentencing Courts: Above-Guidelines Variance Upheld for Aggravated NFA Possession Involving Discharge and Protective-Order Violations

Reaffirming Deference to Sentencing Courts: Above-Guidelines Variance Upheld for Aggravated NFA Possession Involving Discharge and Protective-Order Violations

Date: Sep 30, 2025
Reaffirming Deference to Sentencing Courts: Above-Guidelines Variance Upheld for Aggravated NFA Possession Involving Discharge and Protective-Order Violations Introduction In United States v....
Channel Stuffing as a Half-Truth: The Second Circuit Confirms 10b-5(b) Liability and Clarifies Scienter and “Truth-on-the-Market” at the Pleading Stage

Channel Stuffing as a Half-Truth: The Second Circuit Confirms 10b-5(b) Liability and Clarifies Scienter and “Truth-on-the-Market” at the Pleading Stage

Date: Sep 30, 2025
Channel Stuffing as a Half-Truth: The Second Circuit Confirms 10b-5(b) Liability and Clarifies Scienter and “Truth-on-the-Market” at the Pleading Stage Introduction In Gimpel v. Hain Celestial Group,...
After Delligatti, VICAR Attempted Murder Categorically Supports §924(c) “Crime of Violence”; Stipulated §2K2.1(b)(6)(B) Enhancements Are Effectively Unreviewable

After Delligatti, VICAR Attempted Murder Categorically Supports §924(c) “Crime of Violence”; Stipulated §2K2.1(b)(6)(B) Enhancements Are Effectively Unreviewable

Date: Sep 30, 2025
After Delligatti, VICAR Attempted Murder Categorically Supports §924(c) “Crime of Violence”; Stipulated §2K2.1(b)(6)(B) Enhancements Are Effectively Unreviewable Introduction In United States v....
Second Circuit Reaffirms Sloley I: Visual Body Cavity Searches Require Reasonable Suspicion of Concealment Inside a Body Cavity; Erroneous “in or on” Jury Instruction Warrants New Trial

Second Circuit Reaffirms Sloley I: Visual Body Cavity Searches Require Reasonable Suspicion of Concealment Inside a Body Cavity; Erroneous “in or on” Jury Instruction Warrants New Trial

Date: Sep 27, 2025
Second Circuit Reaffirms Sloley I: Visual Body Cavity Searches Require Reasonable Suspicion of Concealment Inside a Body Cavity; Erroneous “in or on” Jury Instruction Warrants New Trial Case: Sloley...
Ambiguity in Pro Se Filing Timing and Accrual of False Imprisonment Precludes 12(b)(6) Time-Bar Dismissal: Corley v. Rantab Enterprises, Inc. (2d Cir. 2025)

Ambiguity in Pro Se Filing Timing and Accrual of False Imprisonment Precludes 12(b)(6) Time-Bar Dismissal: Corley v. Rantab Enterprises, Inc. (2d Cir. 2025)

Date: Sep 27, 2025
Ambiguity in Pro Se Filing Timing and Accrual of False Imprisonment Precludes 12(b)(6) Time-Bar Dismissal Introduction In a nonprecedential but instructive summary order, the United States Court of...
No “In-for-One, In-for-All” Duty for Non‑Insurer Indemnitors Under Illinois Law: Second Circuit’s Predictive Ruling in BP Products North America Inc. v. ExxonMobil Corp. (Summary Order)

No “In-for-One, In-for-All” Duty for Non‑Insurer Indemnitors Under Illinois Law: Second Circuit’s Predictive Ruling in BP Products North America Inc. v. ExxonMobil Corp. (Summary Order)

Date: Sep 27, 2025
No “In-for-One, In-for-All” Duty for Non‑Insurer Indemnitors Under Illinois Law: Second Circuit’s Predictive Ruling in BP Products North America Inc. v. ExxonMobil Corp. (Summary Order) Introduction...
Second Circuit reaffirms: Gang defection is not “political opinion” and CAT relief demands individualized proof and government acquiescence

Second Circuit reaffirms: Gang defection is not “political opinion” and CAT relief demands individualized proof and government acquiescence

Date: Sep 26, 2025
Second Circuit reaffirms: Gang defection is not “political opinion” and CAT relief demands individualized proof and government acquiescence Introduction In Ramirez Alvarado v. Bondi (No. 21-6603,...
Umarov v. Bondi: Second Circuit Reaffirms Nonreviewability of BIA’s Sua Sponte Reopening and Declines to Treat Pereira/Niz‑Chavez Eligibility as Exceptional

Umarov v. Bondi: Second Circuit Reaffirms Nonreviewability of BIA’s Sua Sponte Reopening and Declines to Treat Pereira/Niz‑Chavez Eligibility as Exceptional

Date: Sep 26, 2025
Umarov v. Bondi: Second Circuit Reaffirms Nonreviewability of BIA’s Sua Sponte Reopening and Declines to Treat Pereira/Niz‑Chavez Eligibility as Exceptional Introduction In a nonprecedential summary...
Moslem (2d Cir. 2025): Harmless Ciminelli Instruction Error, Intended-Loss Sentencing, and Dubin’s “Who” Standard for Aggravated Identity Theft

Moslem (2d Cir. 2025): Harmless Ciminelli Instruction Error, Intended-Loss Sentencing, and Dubin’s “Who” Standard for Aggravated Identity Theft

Date: Sep 26, 2025
Moslem (2d Cir. 2025): Harmless Ciminelli Instruction Error, Intended-Loss Sentencing, and Dubin’s “Who” Standard for Aggravated Identity Theft Note on precedential status: The court labeled this a...
Municipal Inaction Toward DEI/Implicit-Bias Trainings Can Constitute a Monell Policy Creating a Hostile Work Environment: Commentary on Chislett v. N.Y.C. Department of Education (2d Cir. 2025)

Municipal Inaction Toward DEI/Implicit-Bias Trainings Can Constitute a Monell Policy Creating a Hostile Work Environment: Commentary on Chislett v. N.Y.C. Department of Education (2d Cir. 2025)

Date: Sep 26, 2025
Municipal Inaction Toward DEI/Implicit-Bias Trainings Can Constitute a Monell Policy Creating a Hostile Work Environment: Commentary on Chislett v. N.Y.C. Department of Education (2d Cir. 2025)...
Vaghari v. Bondi: Second Circuit Reaffirms the “Actual Receipt” Inquiry and Demands Evidence-Based Analysis for Rescinding In Absentia Orders

Vaghari v. Bondi: Second Circuit Reaffirms the “Actual Receipt” Inquiry and Demands Evidence-Based Analysis for Rescinding In Absentia Orders

Date: Sep 26, 2025
Vaghari v. Bondi: Second Circuit Reaffirms the “Actual Receipt” Inquiry and Demands Evidence-Based Analysis for Rescinding In Absentia Orders Introduction In Vaghari v. Bondi (No. 23-6727, Sept. 25,...
Aesthetic-Harm Standing for Cultural Monuments, but No Due Process Right to City-Owned Statues: Italian-American Defense League v. City of New Haven (2d Cir. 2025)

Aesthetic-Harm Standing for Cultural Monuments, but No Due Process Right to City-Owned Statues: Italian-American Defense League v. City of New Haven (2d Cir. 2025)

Date: Sep 26, 2025
Aesthetic-Harm Standing for Cultural Monuments, but No Due Process Right to City-Owned Statues Italian-American Defense League v. City of New Haven, No. 24-2877 (2d Cir. Sept. 25, 2025) (summary...
Repeated Unwanted Touching Can Be “Severe or Pervasive” Under § 1983 and NYSHRL; Stray Sexist Remarks Do Not Establish Intent; Remedial Response Defeats Monell Deliberate-Indifference Theory

Repeated Unwanted Touching Can Be “Severe or Pervasive” Under § 1983 and NYSHRL; Stray Sexist Remarks Do Not Establish Intent; Remedial Response Defeats Monell Deliberate-Indifference Theory

Date: Sep 25, 2025
Repeated Unwanted Touching Can Be “Severe or Pervasive” Under § 1983 and NYSHRL; Stray Sexist Remarks Do Not Establish Intent; Remedial Response Defeats Monell Deliberate-Indifference Theory Case:...
Reaffirming the “At-Risk” Trigger for Asylum Timeliness and the Evidentiary Demands for Diaspora Activism: The Second Circuit’s Summary Order in Huang v. Bondi

Reaffirming the “At-Risk” Trigger for Asylum Timeliness and the Evidentiary Demands for Diaspora Activism: The Second Circuit’s Summary Order in Huang v. Bondi

Date: Sep 25, 2025
Reaffirming the “At-Risk” Trigger for Asylum Timeliness and the Evidentiary Demands for Diaspora Activism: The Second Circuit’s Summary Order in Huang v. Bondi Introduction In Huang v. Bondi (No....
Aguilar-Morales v. Bondi: Second Circuit Reaffirms Waivability of NTA Time-and-Place Defects and Demands a Non-Incidental Nexus for Family and Imputed-Political-Opinion Claims

Aguilar-Morales v. Bondi: Second Circuit Reaffirms Waivability of NTA Time-and-Place Defects and Demands a Non-Incidental Nexus for Family and Imputed-Political-Opinion Claims

Date: Sep 24, 2025
Aguilar-Morales v. Bondi: Second Circuit Reaffirms Waivability of NTA Time-and-Place Defects and Demands a Non-Incidental Nexus for Family and Imputed-Political-Opinion Claims Court: U.S. Court of...
No Victim-Identity Limit for FDCA § 333(a)(2); FDCA § 334 Is Not a Civil Forfeiture Statute — United States v. Fishman, Giannelli (2d Cir. 2025)

No Victim-Identity Limit for FDCA § 333(a)(2); FDCA § 334 Is Not a Civil Forfeiture Statute — United States v. Fishman, Giannelli (2d Cir. 2025)

Date: Sep 24, 2025
No Victim-Identity Limit for FDCA § 333(a)(2); FDCA § 334 Is Not a Civil Forfeiture Statute United States v. Fishman, Giannelli, Nos. 22-1600-cr (L), 22-2063-cr (C), 23-6819-cv (C) — U.S. Court of...
Uncorroborated Recantations Do Not Justify Coram Nobis: Second Circuit Affirms Denial Without Evidentiary Hearing in Nkansah v. United States

Uncorroborated Recantations Do Not Justify Coram Nobis: Second Circuit Affirms Denial Without Evidentiary Hearing in Nkansah v. United States

Date: Sep 24, 2025
Uncorroborated Recantations Do Not Justify Coram Nobis: Second Circuit Affirms Denial Without Evidentiary Hearing in Nkansah v. United States Court: U.S. Court of Appeals for the Second Circuit...
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