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  • Commentaries
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2d Circuit Case Commentaries

When “Hypothetical” Risk Factors Mask Realized Risks—and Strategy Labels Mislead: The Second Circuit’s Partial Revival of Peloton Securities Claims

When “Hypothetical” Risk Factors Mask Realized Risks—and Strategy Labels Mislead: The Second Circuit’s Partial Revival of Peloton Securities Claims

Date: Aug 31, 2025
When “Hypothetical” Risk Factors Mask Realized Risks—and Strategy Labels Mislead: The Second Circuit’s Partial Revival of Peloton Securities Claims Introduction This commentary analyzes the Second...
O’Neill v. Deml: Second Circuit Holds No Duty to Warn Pro Se § 2254 Petitioners About Mixed Petitions, Stays, or AEDPA Deadlines

O’Neill v. Deml: Second Circuit Holds No Duty to Warn Pro Se § 2254 Petitioners About Mixed Petitions, Stays, or AEDPA Deadlines

Date: Aug 31, 2025
O’Neill v. Deml: Second Circuit Holds No Duty to Warn Pro Se § 2254 Petitioners About Mixed Petitions, Stays, or AEDPA Deadlines Introduction In O’Neill v. Deml, No. 23-620 (2d Cir. Aug. 27, 2025),...
After Egbert, DHS’s § 287.10 Grievance Scheme Forecloses Bivens Claims Against HSI Agents; Fabrication‑Based False Arrest Presents a New Bivens Context in the Second Circuit

After Egbert, DHS’s § 287.10 Grievance Scheme Forecloses Bivens Claims Against HSI Agents; Fabrication‑Based False Arrest Presents a New Bivens Context in the Second Circuit

Date: Aug 31, 2025
After Egbert, DHS’s § 287.10 Grievance Scheme Forecloses Bivens Claims Against HSI Agents; Fabrication‑Based False Arrest Presents a New Bivens Context in the Second Circuit Introduction In...
Schnabel Goes Offline: Later‑Sent, Unflagged Arbitration Clauses in Mailed “Welcome Packages” Do Not Bind Absent Clear Notice and Assent

Schnabel Goes Offline: Later‑Sent, Unflagged Arbitration Clauses in Mailed “Welcome Packages” Do Not Bind Absent Clear Notice and Assent

Date: Aug 31, 2025
Schnabel Goes Offline: Later‑Sent, Unflagged Arbitration Clauses in Mailed “Welcome Packages” Do Not Bind Absent Clear Notice and Assent Introduction In Sudakow v. CleanChoice Energy, Inc., the...
Depraved‑Mind Attempted Murder Qualifies as a “Crime of Violence” Under the Guidelines: United States v. Delgado (2d Cir. 2025)

Depraved‑Mind Attempted Murder Qualifies as a “Crime of Violence” Under the Guidelines: United States v. Delgado (2d Cir. 2025)

Date: Aug 31, 2025
Depraved‑Mind Attempted Murder Qualifies as a “Crime of Violence” Under the Guidelines: United States v. Delgado (2d Cir. 2025) Introduction United States v. Delgado is a precedential Second Circuit...
Post-Bruen Challenges to Pistol Permit Denials: Second Circuit Reaffirms Absolute Judicial Immunity and Eleventh Amendment Limits on Suits Against State Judges

Post-Bruen Challenges to Pistol Permit Denials: Second Circuit Reaffirms Absolute Judicial Immunity and Eleventh Amendment Limits on Suits Against State Judges

Date: Aug 31, 2025
Post-Bruen Challenges to Pistol Permit Denials: Second Circuit Reaffirms Absolute Judicial Immunity and Eleventh Amendment Limits on Suits Against State Judges Introduction This commentary analyzes...
Terminal-Only Mandates Are ANCA “Access Restrictions” Even If Valid Under the ADA’s Proprietor Exception: Commentary on Delux Public Charter v. County of Westchester (2d Cir. 2025, Summary Order)

Terminal-Only Mandates Are ANCA “Access Restrictions” Even If Valid Under the ADA’s Proprietor Exception: Commentary on Delux Public Charter v. County of Westchester (2d Cir. 2025, Summary Order)

Date: Aug 31, 2025
Terminal-Only Mandates Are ANCA “Access Restrictions” Even If Valid Under the ADA’s Proprietor Exception In Delux Public Charter v. County of Westchester, the Second Circuit (by summary order) held...
Self‑Evident Rationale and Reasonable‑Suspicion Digital Search Conditions on Supervised Release: The Second Circuit’s Affirmance in United States v. Miller

Self‑Evident Rationale and Reasonable‑Suspicion Digital Search Conditions on Supervised Release: The Second Circuit’s Affirmance in United States v. Miller

Date: Aug 31, 2025
Self‑Evident Rationale and Reasonable‑Suspicion Digital Search Conditions on Supervised Release: The Second Circuit’s Affirmance in United States v. Miller Note: This decision was issued as a Summary...
The Blocking-Date Rule: Second Circuit Holds TRIA “Agency or Instrumentality” Status Is Fixed as of the Date Assets Are Blocked, While Confirming FSIA Immunity for Central Bank Funds

The Blocking-Date Rule: Second Circuit Holds TRIA “Agency or Instrumentality” Status Is Fixed as of the Date Assets Are Blocked, While Confirming FSIA Immunity for Central Bank Funds

Date: Aug 31, 2025
The Blocking-Date Rule: Second Circuit Holds TRIA “Agency or Instrumentality” Status Is Fixed as of the Date Assets Are Blocked, While Confirming FSIA Immunity for Central Bank Funds Introduction...
Second Circuit Holds LoLA’s Six‑Month Deadline Is a Non‑Jurisdictional Claim‑Processing Rule; Untimely Petitions Must Be Dismissed Under Rule 12(b)(6)

Second Circuit Holds LoLA’s Six‑Month Deadline Is a Non‑Jurisdictional Claim‑Processing Rule; Untimely Petitions Must Be Dismissed Under Rule 12(b)(6)

Date: Aug 31, 2025
Second Circuit Holds LoLA’s Six‑Month Deadline Is a Non‑Jurisdictional Claim‑Processing Rule; Untimely Petitions Must Be Dismissed Under Rule 12(b)(6) Introduction This commentary analyzes the Second...
No Ratification Without Agreement to Be Bound: Second Circuit Clarifies Rule 17 in Trademark Suits and Limits Non‑Owner § 43(a) Standing When Enforcement Rights Are Assigned

No Ratification Without Agreement to Be Bound: Second Circuit Clarifies Rule 17 in Trademark Suits and Limits Non‑Owner § 43(a) Standing When Enforcement Rights Are Assigned

Date: Aug 31, 2025
No Ratification Without Agreement to Be Bound: Second Circuit Clarifies Rule 17 in Trademark Suits and Limits Non‑Owner § 43(a) Standing When Enforcement Rights Are Assigned Introduction In Ripple...

        “Materiality of Temporal Inconsistencies in Credibility Assessments” — 
        Commentary on Bannikov v. Bondi (2d Cir. 2025)

“Materiality of Temporal Inconsistencies in Credibility Assessments” — Commentary on Bannikov v. Bondi (2d Cir. 2025)

Date: Aug 26, 2025
Materiality of Temporal Inconsistencies in Credibility Assessments — Analytical Commentary on Bannikov v. Bondi, 24-1202 (2d Cir. 2025) 1. Introduction Parties: Russian nationals Pavel Bannikov,...
“Active Protection” Defeats Persecution: The Second Circuit’s Clarification of the Unwilling-or-Unable Standard in Gualan-Pomaquiza v. Bondi

“Active Protection” Defeats Persecution: The Second Circuit’s Clarification of the Unwilling-or-Unable Standard in Gualan-Pomaquiza v. Bondi

Date: Aug 26, 2025
“Active Protection” Defeats Persecution: The Second Circuit’s Clarification of the Unwilling-or-Unable Standard in Gualan-Pomaquiza v. Bondi Introduction In Gualan-Pomaquiza v. Bondi, No. 23-7852 (2d...
Continuing EEOC Subpoena Power After a Right-to-Sue Letter: Analysis of EEOC v. AAM Holding Corp.

Continuing EEOC Subpoena Power After a Right-to-Sue Letter: Analysis of EEOC v. AAM Holding Corp.

Date: Aug 26, 2025
Continuing EEOC Subpoena Power After a Right-to-Sue Letter: The Second Circuit’s Decision in EEOC v. AAM Holding Corp. Introduction On 25 August 2025 the United States Court of Appeals for the Second...

        Second Circuit Authorizes Pre-Revocation Detention of Supervisees under 18 U.S.C. § 3143(a)(1) —
        Comment on United States v. Mercado (2025)

Second Circuit Authorizes Pre-Revocation Detention of Supervisees under 18 U.S.C. § 3143(a)(1) — Comment on United States v. Mercado (2025)

Date: Aug 26, 2025
Second Circuit Authorizes Pre-Revocation Detention of Supervisees under 18 U.S.C. § 3143(a)(1) Commentary on United States v. Mercado, 25-206-cr (2d Cir. Aug. 25 2025) 1. Introduction United States...
Second Circuit Clarifies Plain-Error Review of Electronic Search Conditions: Commentary on United States v. Ford (2025)

Second Circuit Clarifies Plain-Error Review of Electronic Search Conditions: Commentary on United States v. Ford (2025)

Date: Aug 26, 2025
Second Circuit Clarifies Plain-Error Review of Electronic Search Conditions on Supervised Release Commentary on United States v. Ford, 24-1454 (2d Cir. Aug. 22, 2025) Introduction United States v....
“Unusually Dangerous” Arms and the Second Amendment: The Second Circuit’s Nuanced Analogue Test in Nat’l Ass’n for Gun Rights v. Lamont & Grant v. Rovella

“Unusually Dangerous” Arms and the Second Amendment: The Second Circuit’s Nuanced Analogue Test in Nat’l Ass’n for Gun Rights v. Lamont & Grant v. Rovella

Date: Aug 26, 2025
“Unusually Dangerous” Arms and the Second Amendment: The Second Circuit’s Nuanced Analogue Test in Nat’l Ass’n for Gun Rights v. Lamont & Grant v. Rovella Introduction On 22 August 2025 the United...
Establishing Personal Jurisdiction Through Domestic Derivative Transactions: A Commentary on Sullivan v. UBS AG (2d Cir. 2025)

Establishing Personal Jurisdiction Through Domestic Derivative Transactions: A Commentary on Sullivan v. UBS AG (2d Cir. 2025)

Date: Aug 26, 2025
Establishing Personal Jurisdiction Through Domestic Derivative Transactions: The Second Circuit’s Refined Approach in Sullivan v. UBS AG (2025) Introduction In Sullivan v. UBS AG, the United States...
From “Occasions” to “Instances”: Second Circuit Extends Wooden-Style Analysis to U.S.S.G. § 2G2.2(b)(5)’s Pattern-of-Abuse Enhancement

From “Occasions” to “Instances”: Second Circuit Extends Wooden-Style Analysis to U.S.S.G. § 2G2.2(b)(5)’s Pattern-of-Abuse Enhancement

Date: Aug 26, 2025
From “Occasions” to “Instances”: Second Circuit Extends Wooden-Style Analysis to U.S.S.G. § 2G2.2(b)(5)’s Pattern-of-Abuse Enhancement Introduction In United States v. Bullock, No. 23-7341 (2d Cir....
Active Ecological Management within Conservation Deeds: The Second Circuit’s New Framework in Wildlife Preserves v. Romero

Active Ecological Management within Conservation Deeds: The Second Circuit’s New Framework in Wildlife Preserves v. Romero

Date: Aug 26, 2025
Active Ecological Management within Conservation Deeds: The Second Circuit’s New Framework in Wildlife Preserves, Inc. v. Romero 1. Introduction The Court of Appeals for the Second Circuit has...
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