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  • Commentaries
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2d Circuit Case Commentaries

Reaffirming Plausibility Pleading in Employment Discrimination and Disability Claims

Reaffirming Plausibility Pleading in Employment Discrimination and Disability Claims

Date: May 28, 2025
Reaffirming Plausibility Pleading in Employment Discrimination and Disability Claims Introduction In McKinney v. County of Dutchess, 24-1195-cv (2d Cir. May 27, 2025), the United States Court of...
Affirmation of Third-Party Beneficiary Enforcement in Post-Divorce Pension Waivers

Affirmation of Third-Party Beneficiary Enforcement in Post-Divorce Pension Waivers

Date: May 28, 2025
Affirmation of Third-Party Beneficiary Enforcement in Post-Divorce Pension Waivers Introduction Culwick v. Wood, decided by the United States Court of Appeals for the Second Circuit on May 27, 2025,...
Affirmation of Objective Reasonableness and Handcuffing Analysis in Excessive Force Claims

Affirmation of Objective Reasonableness and Handcuffing Analysis in Excessive Force Claims

Date: May 28, 2025
Affirmation of Objective Reasonableness and Handcuffing Analysis in Excessive Force Claims 1. Introduction In Ketcham v. City of Mount Vernon, No. 24-825 (2d Cir. May 27, 2025), the United States...
Minimal Inference Pleading of Race Discrimination under Section 1981 and NYSHRL: Flanagan v. Girl Scouts of Suffolk County

Minimal Inference Pleading of Race Discrimination under Section 1981 and NYSHRL: Flanagan v. Girl Scouts of Suffolk County

Date: May 28, 2025
Minimal Inference Pleading of Race Discrimination under Section 1981 and NYSHRL: Flanagan v. Girl Scouts of Suffolk County Introduction Flanagan v. Girl Scouts of Suffolk County, Inc., 23-7900-cv (2d...
Scope of Physical‐Restraint and Planning Enhancements under U.S.S.G. §§3A1.3 & 2A2.2(b)(1): United States v. Rivas

Scope of Physical‐Restraint and Planning Enhancements under U.S.S.G. §§3A1.3 & 2A2.2(b)(1): United States v. Rivas

Date: May 24, 2025
Scope of Physical‐Restraint and Planning Enhancements under U.S.S.G. §§3A1.3 & 2A2.2(b)(1) Introduction The Second Circuit’s summary order in United States v. Rivas, No. 24‐1312‐cr (2d Cir. May 23,...
Affirmation of the Co-Conspirator Hearsay Exception and Venue Principles in Continuing Racketeering Offenses

Affirmation of the Co-Conspirator Hearsay Exception and Venue Principles in Continuing Racketeering Offenses

Date: May 24, 2025
Affirmation of the Co-Conspirator Hearsay Exception and Venue Principles in Continuing Racketeering Offenses Introduction In United States v. Garcia (2d Cir. May 23, 2025), the Second Circuit...
Clarifying Standing and Pleading Thresholds in § 1983 Equal Protection Claims: Bergnes v. Zayas

Clarifying Standing and Pleading Thresholds in § 1983 Equal Protection Claims: Bergnes v. Zayas

Date: May 24, 2025
Clarifying Standing and Pleading Thresholds in § 1983 Equal Protection Claims: Bergnes v. Zayas Introduction In Bergnes v. Zayas, 24-2434 (2d Cir. May 23, 2025), the United States Court of Appeals...
Refusal to Cooperate Cannot Warrant Upward Sentencing Variance: Continued Vitality of Stratton in the Second Circuit

Refusal to Cooperate Cannot Warrant Upward Sentencing Variance: Continued Vitality of Stratton in the Second Circuit

Date: May 24, 2025
Refusal to Cooperate Cannot Warrant Upward Sentencing Variance: Continued Vitality of Stratton in the Second Circuit Introduction This commentary examines the United States Court of Appeals for the...
Treasury-Share Exception to Section 16(b): Excluding Issuer Repurchases from Short-Swing Profit Liability

Treasury-Share Exception to Section 16(b): Excluding Issuer Repurchases from Short-Swing Profit Liability

Date: May 24, 2025
Treasury-Share Exception to Section 16(b): Excluding Issuer Repurchases from Short-Swing Profit Liability 1. Introduction This commentary examines the new rule established by the Second Circuit in...
Prohibition of Sua Sponte Fair Use Defense Against Defaulting Defendants: Second Circuit Clarification in Romanova v. Amilus Inc.

Prohibition of Sua Sponte Fair Use Defense Against Defaulting Defendants: Second Circuit Clarification in Romanova v. Amilus Inc.

Date: May 24, 2025
Prohibition of Sua Sponte Fair Use Defense Against Defaulting Defendants: Second Circuit Clarification in Romanova v. Amilus Inc. Introduction Romanova v. Amilus Inc. is a 2025 Second Circuit...
Reaffirming the "One Central Reason" Standard and Distinct Acquiescence Test Under the CAT: Valverde Lopez v. Bondi

Reaffirming the "One Central Reason" Standard and Distinct Acquiescence Test Under the CAT: Valverde Lopez v. Bondi

Date: May 23, 2025
Reaffirming the "One Central Reason" Standard and Distinct Acquiescence Test Under the CAT: Valverde Lopez v. Bondi Introduction Valverde Lopez v. Bondi is a 2025 summary order from the United States...
Chen v. Noem: Administrative Delay Claims and Mootness—Voluntary Cessation and Capable of Repetition Exceptions Clarified

Chen v. Noem: Administrative Delay Claims and Mootness—Voluntary Cessation and Capable of Repetition Exceptions Clarified

Date: May 23, 2025
Chen v. Noem: Administrative Delay Claims and Mootness—Voluntary Cessation and Capable of Repetition Exceptions Clarified Introduction Chen v. Noem is a summary order issued by the United States...
Bergnes v. Zayas: Clarifying Standing Under § 1983 and Evidentiary Thresholds for Equal Protection Claims

Bergnes v. Zayas: Clarifying Standing Under § 1983 and Evidentiary Thresholds for Equal Protection Claims

Date: May 23, 2025
Bergnes v. Zayas: Clarifying Standing Under § 1983 and Evidentiary Thresholds for Equal Protection Claims Introduction In Bergnes v. Zayas, 24-2434 (2d Cir. May 22, 2025), the United States Court of...
Clarifying Standards for Present Sense Impressions and Alternative Perpetrator Evidence in Federal Criminal Trials

Clarifying Standards for Present Sense Impressions and Alternative Perpetrator Evidence in Federal Criminal Trials

Date: May 23, 2025
Clarifying Standards for Present Sense Impressions and Alternative Perpetrator Evidence in Federal Criminal Trials Introduction The Second Circuit’s summary order in United States v. Rodriguez, No....
Clarifying the Threshold for Government Inability to Protect in Asylum Claims: Singh-Kar v. Bondi

Clarifying the Threshold for Government Inability to Protect in Asylum Claims: Singh-Kar v. Bondi

Date: May 22, 2025
Clarifying the Threshold for Government Inability to Protect in Asylum Claims: Singh-Kar v. Bondi Introduction In Singh-Kar v. Bondi, 22-6309 (2d Cir. May 21, 2025), the United States Court of...
Affirmance of Completed Carjacking as a Categorical Crime of Violence Under 18 U.S.C. § 924(c)

Affirmance of Completed Carjacking as a Categorical Crime of Violence Under 18 U.S.C. § 924(c)

Date: May 22, 2025
Affirmance of Completed Carjacking as a Categorical Crime of Violence Under 18 U.S.C. § 924(c) Introduction United States v. Caille is a Second Circuit summary-order decision issued on May 21, 2025....
Contractual Prerequisites and Assignment Requirements for Healthcare Providers’ ERISA Claims: Insights from Abira Medical Laboratories v. Cigna

Contractual Prerequisites and Assignment Requirements for Healthcare Providers’ ERISA Claims: Insights from Abira Medical Laboratories v. Cigna

Date: May 21, 2025
Contractual Prerequisites and Assignment Requirements for Healthcare Providers’ ERISA Claims: Insights from Abira Medical Laboratories v. Cigna Introduction In Abira Medical Laboratories, LLC v....
Limits of Appellate Jurisdiction over Settlement Enforcement: Non-Appealability of Orders Enforcing Class Action Releases

Limits of Appellate Jurisdiction over Settlement Enforcement: Non-Appealability of Orders Enforcing Class Action Releases

Date: May 21, 2025
Limits of Appellate Jurisdiction over Settlement Enforcement: Non-Appealability of Orders Enforcing Class Action Releases 1. Introduction In In re Credit Default Swaps Antitrust Litigation, 24-635-cv...
Enforceability of Forum Selection Clauses via Forum Non Conveniens in the Second Circuit

Enforceability of Forum Selection Clauses via Forum Non Conveniens in the Second Circuit

Date: May 20, 2025
Enforceability of Forum Selection Clauses via Forum Non Conveniens in the Second Circuit Introduction This commentary examines the Second Circuit’s summary order in Meerovich v. Big Apple Institute,...
Authority-Limited Qualified Immunity in §1983 Gender Discrimination Claims

Authority-Limited Qualified Immunity in §1983 Gender Discrimination Claims

Date: May 20, 2025
Authority-Limited Qualified Immunity in §1983 Gender Discrimination Claims Introduction Brown v. Donat is a summary order issued by the United States Court of Appeals for the Second Circuit on May...
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