Pleading Fraud with Particularity and Adequate Process in Automated School-Bus Camera Enforcement Introduction Morgulis v. Bus Patrol Am., LLC (2d Cir. Mar. 4, 2026) arises from a school-bus stop-arm...
Executed Side-Deal as Quid Pro Quo: Timing Plus Context Satisfies McDonnell and §2C1.1 “Value of the Payment” Loss Uses Gross Payment (No Expense Offsets) Introduction In United States v. Goldstein...
Rule 16’s 2022 Expert-Disclosure Deadline Does Not Mandate Exclusion; Continuance Remains the Presumptive Remedy Absent Bad Faith and Substantial Prejudice Case: United States v. Aryeetey (2d Cir....
ERISA Fiduciary Duty of Care Requires Meaningful, Non-Obfuscatory Notice of Lump-Sum Election Rights in Plan Termination I. Introduction Hammell v. Pilot Products, Inc. (Second Circuit, Mar. 3, 2026)...
Interlocutory Appellate Jurisdiction Limits: A “Motion to Modify” Cannot Re-Litigate a Preliminary Injunction Under 28 U.S.C. § 1292(a)(1) 1. Introduction In CFPB v. Blust Family 2019 Irrevocable Tr....
COGSA “Package” by Agreement in Non-Container Shipments: A Pallet-Definition Clause Can Override the Face of the Sea Waybill 1. Introduction HDI Glob. Ins. Co. v. Kuehne + Nagel, Inc. is a Second...
Nexus to Political Opinion in Domestic-Violence Asylum Claims Requires Evidence of Persecutor’s Imputation; Police Reporting Alone Is Insufficient (Second Circuit Summary Order) 1. Introduction In...
Extortion-Driven Harm Lacks “One Central Reason” Nexus to Gender-Based Social Groups; CAT Review Is Forfeited Without Specific Error 1. Introduction In Mejia-Padilla v. Bondi (2d Cir. Feb. 27, 2026)...
Milone v. Bryant Park Corp.: Licensee/Event Operator Not Liable for Sidewalk Mat Absent Special Use (Distinct Benefit + Causation) or Statutory Duty; NYC Admin. Code § 7-210 Duty Is Nondelegable...
§ 6038(b) Foreign-Reporting Penalties Are Administratively Assessable (No District-Court Suit Required) I. Introduction Safdieh v. Comm'r (2d Cir. Feb. 27, 2026) addresses a high-stakes but technical...
IDEA Claims Not Pursued Before the IHO Are Forfeited as Unexhausted; District Courts Must Adjudicate Parents’ Attorneys’ Fee Requests Nonprecedential posture: This decision is a Second Circuit...
IDEA Tuition Reimbursement May Be Denied for Failure to Provide the Statutory “Ten-Day Notice,” Even Where Parents Later Proffer a Notice Letter Introduction Mejia v. Samuels (2d Cir. Feb. 27, 2026)...
Generalized “Safety” Assurances in Securities Offering Materials Are Inactionable Puffery Absent Specific, Pleaded Falsity or a Disclosure Duty Introduction Ohio Carpenters' Pension Fund v. Norfolk...
Post–VanDerStok Remand: Product-Specific “Firearm” Analysis Required Before Interlocutory Review in Ghost-Gun Litigation 1. Introduction The People of the State of New York, by Letitia James,...
United States v. Jimenez: Appeal Waivers Foreclose Post-Remand Guideline Recalculation and Courts Must Justify Device-Search Conditions with Defendant-Specific Facts Court: U.S. Court of Appeals for...
IDEA Administrative Waiver: Timeliness Arguments Not Raised to the SRO Are Forfeited; Exhaustion Is Nonjurisdictional 1. Introduction In M.G. v. Rye City School District (2d Cir. Feb. 25, 2026)...
Law-of-the-Case Bars New and Recycled Claims on a Third Appeal After a Limited Resentencing Remand; Bruen Challenges to 18 U.S.C. § 922(g)(1) Remain Foreclosed by Zherka I. Introduction United States...
Upward Variance “Double Counting” Rule: When a Guideline-Accounted Factor Drives a Major Variance, the Court Must Explain Why This Case Is Atypical 1. Introduction Case: United States v. Ramos, No....
BMI Rate-Court Proceedings: “Compelling-Reason” Constraint on Novel Revenue Bases and Heightened Scrutiny of Benchmark Weighting Introduction Broadcast Music, Inc. (“BMI”) licenses public-performance...
Post–Loper Bright: No Deference to SEC Interpretations When Defining “Investment Adviser” Under the Advisers Act Case: U.S. Sec. & Exch. Comm'n v. Amah (2d Cir. Feb. 24, 2026) (summary order) Court:...