2d Circuit Case Commentaries

Oppedisano v. Zur: Second Circuit Reaffirms Loss‑Sharing as Indispensable to Implied Partnerships Under New York Law and Rejects Declaratory Workarounds to Unjust Enrichment Time Bars

Date: Sep 24, 2025

Oppedisano v. Zur: Second Circuit Reaffirms Loss‑Sharing as Indispensable to Implied Partnerships Under New York Law and Rejects Declaratory Workarounds to Unjust Enrichment Time Bars Note: The...

Foreseeability of Co‑Conspirator Death Threats and Broad Electronic‑Device Search Conditions: The Second Circuit’s Summary Affirmance in United States v. Deloatch

Date: Sep 24, 2025

Foreseeability of Co‑Conspirator Death Threats and Broad Electronic‑Device Search Conditions: The Second Circuit’s Summary Affirmance in United States v. Deloatch Note: This decision is a Second...

“Sensitive Places” in the Modern City: Times Square and Public Transit Upheld; Open-Carry Bans and City-Specific Permits Presumptively Constitutional after Bruen

Date: Sep 24, 2025

“Sensitive Places” in the Modern City: Times Square and Public Transit Upheld; Open-Carry Bans and City-Specific Permits Presumptively Constitutional after Bruen Introduction In Frey v. City of New...

Second Circuit Reaffirms Braswell’s Act‑of‑Production Bar at Trial and Imposes Single‑Recovery Rule for Co‑Conspirator Forfeiture Under § 981

Date: Sep 13, 2025

Second Circuit Reaffirms Braswell’s Act‑of‑Production Bar at Trial and Imposes Single‑Recovery Rule for Co‑Conspirator Forfeiture Under § 981 Introduction United States v. Costanzo is a Second...

United States v. Valdez: Oral Sentencing Controls Over Unpronounced Supervised-Release Conditions; Tailored Minor-Contact Restrictions Upheld

Date: Sep 13, 2025

United States v. Valdez: Oral Sentencing Controls Over Unpronounced Supervised-Release Conditions; Tailored Minor-Contact Restrictions Upheld Introduction In United States v. Valdez, No. 23-6482 (2d...

No Bright-Line 30-Day Rule and Pre-Enforcement Standing for Training-Arrest Threats: The Second Circuit’s Post-Bruen Roadmap in Giambalvo v. Suffolk County

Date: Sep 13, 2025

No Bright-Line 30-Day Rule and Pre-Enforcement Standing for Training-Arrest Threats: The Second Circuit’s Post-Bruen Roadmap in Giambalvo v. Suffolk County Introduction In Giambalvo v. Suffolk...

No Summons Before IFP Screening; Plausibility Requires Facts: Second Circuit Affirms § 1915(e) Dismissal in Lewis v. Redline Hockey

Date: Sep 13, 2025

No Summons Before IFP Screening; Plausibility Requires Facts: Second Circuit Affirms § 1915(e) Dismissal in Lewis v. Redline Hockey Introduction In Lewis v. Redline Hockey, LLC, No. 24-1342-cv (2d...

PLRA Grievances Must Signal Retaliation; Evidence Beyond Disagreement or Injury‑Free Delay Needed to Survive Summary Judgment on Prison Medical Claims

Date: Sep 13, 2025

PLRA Grievances Must Signal Retaliation; Evidence Beyond Disagreement or Injury‑Free Delay Needed to Survive Summary Judgment on Prison Medical Claims Editorial note: This is a Second Circuit summary...

Mootness of § 1443 Removal Appeals After State Discontinuance—and Vacatur as the Default Remedy: Commentary on Town of Newburgh v. Newburgh EOM LLC (2d Cir. 2025)

Date: Sep 12, 2025

Mootness of § 1443 Removal Appeals After State Discontinuance—and Vacatur as the Default Remedy Case: Town of Newburgh v. Newburgh EOM LLC (d/b/a Crossroads Hotels) Court: United States Court of...

Respondent Must Invoke Right to Review Evidence: Second Circuit Reads 8 C.F.R. § 1240.10(a)(4) as Advisory Only and Reaffirms Presumption of Competence in Removal Proceedings

Date: Sep 12, 2025

Respondent Must Invoke Right to Review Evidence: Second Circuit Reads 8 C.F.R. § 1240.10(a)(4) as Advisory Only and Reaffirms Presumption of Competence in Removal Proceedings Note: This is a summary...

Clarifying “Antitrust Injury” vs. Substantive Pleading and Reaffirming Rule‑of‑Reason Requirements for Vertical Restraints: Amigo Shuttle v. Port Authority (2d Cir. 2025)

Date: Sep 12, 2025

Clarifying “Antitrust Injury” vs. Substantive Pleading and Reaffirming Rule‑of‑Reason Requirements for Vertical Restraints: Amigo Shuttle v. Port Authority (2d Cir. 2025) Court: U.S. Court of Appeals...

NCMEC Is a Governmental Entity for Fourth Amendment Purposes, But ESP Hash-Matching Alone Does Not Make Providers Government Agents: A Comprehensive Commentary on United States v. Guard (2d Cir. 2025)

Date: Sep 11, 2025

NCMEC Is a Governmental Entity for Fourth Amendment Purposes, But ESP Hash-Matching Alone Does Not Make Providers Government Agents Comprehensive Commentary on United States v. Guard, No. 23-6886 (2d...

Accommodation Cannot Compel Illegality: Second Circuit Reaffirms that Title VII Does Not Require Employers to Violate State Vaccination Rules, and Uniform Mandates Do Not Support ADA “Regarded As” Claims

Date: Sep 11, 2025

Accommodation Cannot Compel Illegality: Second Circuit Reaffirms that Title VII Does Not Require Employers to Violate State Vaccination Rules, and Uniform Mandates Do Not Support ADA “Regarded As”...

Device‑Location Data Is CPNI Under § 222: Second Circuit Upholds FCC Forfeiture and Clarifies Seventh Amendment Path via § 504(a)

Date: Sep 11, 2025

Device‑Location Data Is CPNI Under § 222: Second Circuit Upholds FCC Forfeiture and Clarifies Seventh Amendment Path via § 504(a) Introduction This commentary analyzes the Second Circuit’s decision...

For Pre‑2021 Asylum Filings, Past Persecution Triggers a Presumption that Internal Relocation Is Unreasonable—Burden Rests with DHS (Sahni v. Bondi)

Date: Sep 11, 2025

For Pre‑2021 Asylum Filings, Past Persecution Triggers a Presumption that Internal Relocation Is Unreasonable—Burden Rests with DHS (Sahni v. Bondi) Introduction This commentary analyzes the Second...

Second Circuit: Rule 37(b) Attorney Sanctions—Including MDL Leadership Removal and Common Benefit Restrictions—Are Not Immediately Appealable Under the Collateral Order Doctrine

Date: Sep 11, 2025

Second Circuit: Rule 37(b) Attorney Sanctions—Including MDL Leadership Removal and Common Benefit Restrictions—Are Not Immediately Appealable Under the Collateral Order Doctrine Introduction In In...

New York Claim Preclusion Reaffirmed: “Convenient Trial Unit” Is Non‑Dispositive; Different Contracts Do Not Avoid Res Judicata When Tied to the Same Transactional Nucleus

Date: Sep 11, 2025

New York Claim Preclusion Reaffirmed: “Convenient Trial Unit” Is Non‑Dispositive; Different Contracts Do Not Avoid Res Judicata When Tied to the Same Transactional Nucleus Introduction This...

Content-Neutral, Not Content-Based: Second Circuit Holds New York’s UPL Restrictions on One-to-One Legal Advice Are Subject to Intermediate Scrutiny

Date: Sep 10, 2025

Content-Neutral, Not Content-Based: Second Circuit Holds New York’s UPL Restrictions on One-to-One Legal Advice Are Subject to Intermediate Scrutiny Introduction In Upsolve, Inc. v. James, the United...

Walton v. Comfort Systems: Fire Alarm Testing and Inspection Is Covered “Maintenance” Under NYLL § 220; Second Circuit Certifies Whether the Prevailing-Wage Promise Is Implied in All Public Works Contracts and Whether One‑Year Limitations Clauses Bind Workers

Date: Sep 10, 2025

Walton v. Comfort Systems: Fire Alarm Testing and Inspection Is Covered “Maintenance” Under NYLL § 220; Second Circuit Certifies Whether the Prevailing-Wage Promise Is Implied in All Public Works...

Neutral Laws Require Neutral Enforcement: Second Circuit Holds that Hostility-Tainted Discipline by a State Athletics Association Violates the Free Exercise Clause

Date: Sep 10, 2025

Neutral Laws Require Neutral Enforcement: Second Circuit Holds that Hostility-Tainted Discipline by a State Athletics Association Violates the Free Exercise Clause Introduction In Mid Vermont...

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