Sakon v. Johnson: Nolle Prosequi Accrues § 1983 Malicious Prosecution Claims; Victim Complaints Plus a Warrant Generally Establish Probable Cause Absent Red Flags Introduction In Sakon v. Johnson (2d...
Post-Plea Flight and Continued Drug Dealing Can Outweigh Claimed Cooperation in Substantive-Reasonableness Review Introduction In United States v. Candelier Tejada (2d Cir. Feb. 17, 2026) (summary...
Absconding from Supervised Release Can Justify a Major Upward Variance; Courts May Describe Arrest Context Without Relying on Uncharged Conduct Nonprecedential posture. This decision is a “SUMMARY...
Quasi-Judicial and Judicial Immunity in Estate-Related Federal Suits, and Strict § 1983 Limitations for Excessive-Force Claims Absent Equitable Tolling 1. Introduction Nestor Cassini v. County of...
Citigroup Review Governs EEOC Title VII Consent Decrees Replacing Long-Running Injunctions; Missing Court-Ordered Data Can Defeat “Fair and Reasonable” Findings I. Introduction United States Equal...
CAT Protection Requires Particularized Evidence of Future Torture When Past Harm Was Tied to Abandoned Property Introduction In Ramirez Gastiaburo v. Bondi (2d Cir. Feb. 13, 2026) (summary order),...
Nested-List Interpretation of Additional-Insured Grants and Ambiguity in Employers’ Liability Exclusions Under Separation-of-Insureds Clauses Reidy Contracting Group, LLC v. Mt. Hawley Insurance...
Standing Limits for LLC Owners Seeking Coverage and the Mandatory “Without Prejudice” Rule for Jurisdictional Dismissals 1. Introduction In Griffin v. Travelers Prop. Cas. Co. of Am. (2d Cir. Feb....
Judicial Review Limits in Good-Faith Marriage Waiver Denials: Evidence-Weighing Is Unreviewable and Hardship Theories Must Be Exhausted 1. Introduction In Sheraz v. Bondi (2d Cir. Feb. 12, 2026)...
Within-Guidelines Sentences and § 3553(a)(6): Statistical “Powder Cocaine” Comparators and Co-Defendant Comparisons Do Not Show Substantive Unreasonableness When Additional Fentanyl Risk Is Present...
Safe-Deposit Box Exculpatory Clauses Bar Cash-Loss Claims Absent Plausibly Pleaded Gross Negligence (Wright v. TD Bank N.A., 2d Cir. Feb. 11, 2026) Introduction Parties: Yvonne Wright...
Delaney v. HC2, Inc.: Section 487 Claims May Fail Without Particularized, Plausible Allegations of Intentional Deceit—Even If Federal-Court Applicability Remains Unresolved 1. Introduction In Delaney...
FDIC Receiver Shield: No Non‑Customer Bank Duty Absent a Recorded Fiduciary Account Agreement Case: Q3 Investments Recovery Vehicle, LLC v. FDIC (2d Cir. Feb. 10, 2026) (Summary Order)...
Second Circuit Limits DMCA § 512(c) Safe Harbor When Platforms Manually and Discretionarily Curate User Uploads Introduction McGucken v. Shutterstock, Inc. (2d Cir. Feb. 10, 2026) addresses the scope...
“Practice Changes” that Merely Memorialize Past Conduct Are Not Injunctive Relief for Article III Purposes in Class Settlements Case: Moses v. The New York Times Company, No. 24-2979 (2d Cir. Feb....
Gang Extortion and the Nexus Requirement: Single-Mother Status, Without Evidence of Motive, Does Not Establish Asylum Eligibility 1. Introduction Saldana-Guaman v. Bondi (2d Cir. Feb. 10, 2026) is a...
Second Circuit Reaffirms Deferential Review of Trial Management: No Plain-Error “Judicial Bias,” Rule 403 Limits on Anonymous-Complaint Impeachment, Summation Inference Latitude, and §3C1.1 Perjury...
Alcohol-Related Components of a “Substance Abuse” Supervised-Release Condition May Be Upheld on Plain-Error Review Based on General Sobriety Monitoring and a Defendant’s Drug-Use History 1....
Untimely Reconsideration Motions Do Not Toll Appellate Deadlines; Late Rule 59(e) Motions Are Treated as Rule 60(b) 1. Introduction Reid v. Mello, No. 24-1551-cv (2d Cir. Feb. 9, 2026) (summary...
Dispositive-Finding Waiver and Mandatory Issue Exhaustion in Second Circuit Immigration Petitions; Ineffective-Assistance Remedy via Lozada Motion to Reopen 1. Introduction In Chicaiza-Lluay v. Bondi...