Rule 9(b) in FCA Product-Defect/Shipping Theories Requires a Concrete, Identifiable Compromised Item or Claim Introduction In Wood v. Siemens (2d Cir. Feb. 24, 2026) (summary order), relator Mary...
Waiver-by-Tactical Non-Objection to Attorney-Witness Testimony and Reliance on Curative Instructions in Securities-Fraud Trials (United States v. Larmore) Introduction United States v. Larmore (2d...
Plain-Error Review Governs Unpreserved Procedural Challenges to Above-Policy Supervised-Release Revocation Sentences Introduction United States v. Morales-Plumei is a nonprecedential Second Circuit...
Organizational “Diversion of Resources” Standing Narrowed After FDA v. All. for Hippocratic Med.; Tenant-Screening Vendors Not Liable Under FHA Absent Proximate Cause Case: CFHC v. CoreLogic Rental...
§1782 Discovery Against U.S. Law Firms: No Foreign-Discoverability Bar; Privilege and Burden Policed Post-Grant Under the Federal Rules Introduction In In Re: Ex Parte Application of SBK ART LLC, the...
Quasi-Judicial Immunity for Court Clerks’ Discretionary Docket-Management Acts Without Explicit Judge Direction 1. Introduction In Hubbuch v. Small (2d Cir. Feb. 19, 2026) (summary order), pro se...
Undocumented “Investigation” Cannot Excuse a Late Disclaimer Under N.Y. Insurance Law § 3420(d)(2) Case: Midvale Indemnity Co. v. Zuniga, No. 24-3100 (2d Cir. Feb. 19, 2026) (summary order) Lower...
Section 505 Fees Affirmed for Objectively Unreasonable Copyright Suits Filed Without a Required Registration—Deterrence Beyond “Serial Litigants,” with Ability-to-Pay Mitigation Introduction...
Second Circuit Reaffirms: (1) Single Unfulfilled Threat + General Discrimination ≠ Persecution; (2) “One Central Reason” Nexus Governs Both Asylum and Withholding; (3) CAT Requires Likely Torture...
Alleyne/Apprendi Is Not a “Change in Law” Creating a §1B1.13(b)(6) Gross Disparity When Drug Quantity Was Charged and Admitted by Guilty Plea 1. Introduction United States v. Orlandez-Gamboa (2d Cir....
Cornett v. Samuels: Irregular Private-School Attendance and Service Gaps Undermine IDEA Reimbursement; Courts Must Independently Weigh Equities 1. Introduction In Cornett v. Samuels (2d Cir. Feb. 18,...
ERISA § 1415(c): “Unfunded Vested Benefits” Means Transferred Liabilities (Not Liabilities Net of Assets), Producing a Net-Transfer Withdrawal-Liability Reduction Case: Mar-Can Transp. Co. v. Loc....
United States v. Cardenas: Corroborative Third-Party “Other Acts” Evidence Is Not Rule 404(b) Propensity Proof When Offered to Show Defendant’s State of Mind Court: U.S. Court of Appeals for the...
Brown v. CUNY: Temporal Proximity Alone Cannot Show Pretext Where Tenure Denial Follows Undisputed Noncompliance with a Settlement Agreement Decision: U.S. Court of Appeals for the Second Circuit...
Khanimova v. Samuels: Unilateral Private Placement Reimbursement Requires Proof of Delivered Services and Objective Progress Evidence Introduction Khanimova v. Samuels (2d Cir. Feb. 18, 2026) arises...
Interlocutory Limits: No Pendent Appellate Review of a Primary-Jurisdiction Stay When Appealing a Preliminary-Injunction Denial Introduction In Mezu-Ndubuisi v. Univ. of Rochester (2d Cir. Feb. 18,...
United States v. Bland — No Plain-Error Resentencing for Government Breach Absent Record Showing Sentencing Impact; Served-Time Credit “Winks” and Size-Based Advocacy Scrutinized Introduction In...
Complex Multi-Defendant and COVID-19 Continuances as Excludable Speedy Trial Delay; Circumstantial Proof of Stash-Apartment Possession and Sham-Payroll Money Laundering (Second Circuit) Case: United...
Exculpatory-Defense Bar to Lesser-Included Simple-Possession Instructions and Zherka-Controlled Rejection of § 922(g)(1) Second Amendment Challenges Case: United States v. Jackson, No. 24-2795 (2d...
Lucero-Rocano v. Bondi: Evidentiary Specificity Required for Gender-Based “Viewed as Property” Particular Social Groups; Gang Recruitment Refusal Alone Is Not Political Opinion Introduction In...