Bankruptcy Plan Language and Rule 155 Cannot Preclude or Re-Litigate IRS Shareholder-Ownership Tax Deficiencies 1. Introduction In Veeraswamy v. Comm'r of Internal Revenue (2d Cir. Feb. 9, 2026)...
Record-Based Justification Required for Employer-Notification Conditions Imposed at Supervised-Release Revocation Introduction United States v. Baker (2d Cir. Feb. 6, 2026) is a nonprecedential...
Lower Out-of-Network Reimbursement and “Repricing” Vendor Arrangements Do Not Plead Antitrust Injury Absent Exclusion or a Plausible Horizontal Agreement 1. Introduction In Long Island...
Arbitral Final Awards Preclude “Protective” Federal Suits Absent a Showing the Arbitrators Could Not Grant the Relief Sought Introduction Shasha v. Malkin (2d Cir. Feb. 6, 2026) is a Second Circuit...
Ambiguous Arbitration “Right to Appeal” Waivers Do Not Bar Second Circuit Review; Anti-Injunction Act Limits Federal Injunctions of State Foreclosures 1. Introduction In Lanesborough 2000, LLC v....
ERISA Defined-Benefit Standing Limits and Non-Arbitrability of § 502(a)(2) Representative Claims Under Effective Vindication Case: Duke v. Luxottica U.S. Holdings Corp. Court: Court of Appeals for...
Second Circuit: No Preliminary Injunction to Halt NLRB Proceedings Absent Irreparable Harm Once the Case Is Before a Lawfully Appointed Board with De Novo Review Case: Care One, LLC v. NLRB (No....
Pinilla Perez v. Bondi: “Reasonable Diligence” Does Not Require Pre-Change Monitoring, and the BIA Must Give a Circumstance-Specific Explanation When Denying Equitable Tolling 1. Introduction In...
Section 4241(d)(2)(B) Authorizes Post–Four-Month Hospitalization to Bridge to Civil Commitment Even After a Non-Restorability Finding Case: United States v. Woods (2d Cir. Feb. 5, 2026) | Court:...
Safety-Misrepresentation Overpayment Standing: Plaintiffs Need Only Plausibly Allege Price-Premium Injury Without Proving Contamination of Their Particular Units 1. Introduction In Cantor v....
Promissory Estoppel for Unwritten Multi‑Year Equity Promises Requires Pleading “Unconscionable Injury,” Not Mere Lost Equity Introduction In Jun Young Lim v. Radish Media, Inc. (2d Cir. Feb. 5, 2026)...
Internal Criticism of Prison Medical Policy Is Unprotected Employee Speech; Ex Parte Young Does Not Reach Suits Against DOCCS Itself Case: Salvana v. DOCCS, No. 25-677 (2d Cir. Feb. 5, 2026) (summary...
Unprocessed Post‑Service Submissions and Wit Do Not Displace Deferential ERISA Review Under a Discretionary Plan Introduction In Savage v. Rabobank Medical Plan (2d Cir. Feb. 5, 2026) (summary...
Rule 11 Medication Inquiries: “Clearheadedness” Suffices Absent Red Flags; Prejudice Required on Plain-Error Review I. Introduction In United States v. Boria (2d Cir. Feb. 4, 2026), the Second...
Checked-Box Denials of § 3582(c)(2) Motions Are Inadequate When Reasons Are Not “Obvious” from the Record Introduction In United States v. Carillo (2d Cir. Feb. 4, 2026) (summary order), the Second...
RICO “Expressly Authorizes” Federal Stays of Mass No-Fault Collection Suits Under the Anti-Injunction Act I. Introduction Government Employees Insurance Company and three subsidiaries (collectively,...
NLRA § 161(2) Is a Venue Provision (Not Subject-Matter Jurisdiction) and § 161(5) Authorizes Nationwide Service for NLRB Subpoena Enforcement I. Introduction In Nat'l Lab. Rels. Bd. v. Universal...
Deemer Clauses Can Extend “Fee” Exclusions to Third-Party Fees When the Insured Is Derivatively Liable 1. Introduction In re Residential Capital, LLC (2d Cir. Feb. 3, 2026) addresses insurance...
Forum Non Conveniens in Cross-Border Shareholder Litigation: Limited Deference to a New York Forum and Swiss Forum Adequacy Despite No Class Actions or Jury Trials Introduction Stevenson v....
VICAR Enterprise Motive: “General Purpose” Suffices; Cumulative Brady Impeachment Is Not Material Introduction United States v. Pippins (2d Cir. Feb. 3, 2026) is a nonprecedential summary order...