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  • Commentaries
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2d Circuit Case Commentaries

Establishing Arguable Probable Cause on Victim Allegations: Qualified Immunity in Platsky v. N.Y. Police Dep’t

Establishing Arguable Probable Cause on Victim Allegations: Qualified Immunity in Platsky v. N.Y. Police Dep’t

Date: May 20, 2025
Establishing Arguable Probable Cause on Victim Allegations: Qualified Immunity in Platsky v. N.Y. Police Dep’t Introduction The case of Platsky v. New York Police Department (2d Cir. 2025) centers on...
Binding Effect of General Releases on Subsequent Federal §1983 Claims

Binding Effect of General Releases on Subsequent Federal §1983 Claims

Date: May 20, 2025
Binding Effect of General Releases on Subsequent Federal §1983 Claims Introduction Caraballo v. City of New York is a summary order issued on May 19, 2025 by the United States Court of Appeals for...
Denial of USCIS Adjustment of Status as an Unreviewable “Judgment” under 8 U.S.C. §1252(a)(2)(B)(i)

Denial of USCIS Adjustment of Status as an Unreviewable “Judgment” under 8 U.S.C. §1252(a)(2)(B)(i)

Date: May 20, 2025
Denial of USCIS Adjustment of Status as an Unreviewable “Judgment” under 8 U.S.C. §1252(a)(2)(B)(i) Introduction The Second Circuit’s decision in Xia v. Bondi clarifies that denials of...
Tactical Waiver of Post-Plea Challenges Based on Intervening Precedent Bars Appellate Review

Tactical Waiver of Post-Plea Challenges Based on Intervening Precedent Bars Appellate Review

Date: May 17, 2025
Tactical Waiver of Post-Plea Challenges Based on Intervening Precedent Bars Appellate Review 1. Introduction United States v. Ray is a Second Circuit summary order issued on May 16, 2025. The...
Prohibition Against Delegation of Device Restrictions to Probation: United States v. Mayhew

Prohibition Against Delegation of Device Restrictions to Probation: United States v. Mayhew

Date: May 17, 2025
Prohibition Against Delegation of Device Restrictions to Probation: United States v. Mayhew Introduction In United States v. Mayhew, 22-1704-cr (2d Cir. May 16, 2025), Michael Mayhew pled guilty to...
United States v. Bimbow: Clarifying Probable Cause for the Automobile Exception and Independent Source Doctrine

United States v. Bimbow: Clarifying Probable Cause for the Automobile Exception and Independent Source Doctrine

Date: May 17, 2025
United States v. Bimbow: Clarifying Probable Cause for the Automobile Exception and Independent Source Doctrine Introduction In United States v. Bimbow (2d Cir. May 16, 2025), the Second Circuit...
Clarification of Interlocutory Appeal Jurisdiction and Standards for Preliminary Injunctions and Anonymity Motions in Prisoners’ §1983 Actions

Clarification of Interlocutory Appeal Jurisdiction and Standards for Preliminary Injunctions and Anonymity Motions in Prisoners’ §1983 Actions

Date: May 17, 2025
Clarification of Interlocutory Appeal Jurisdiction and Standards for Preliminary Injunctions and Anonymity Motions in Prisoners’ §1983 Actions Introduction In Sloley v. NYS DOCCS, 24-662-cv (2d Cir....
Reaffirming the Rigorous Application of Adverse Credibility Standards under 8 U.S.C. §1158(b)(1)(B)(iii)

Reaffirming the Rigorous Application of Adverse Credibility Standards under 8 U.S.C. §1158(b)(1)(B)(iii)

Date: May 17, 2025
Reaffirming the Rigorous Application of Adverse Credibility Standards under 8 U.S.C. §1158(b)(1)(B)(iii) Introduction Singh v. Bondi, 23-6358 (2d Cir. May 16, 2025) presents the petition for review...
Affirmation of the PSLRA Safe Harbor and Rigorous Scienter Standards in Securities Litigation

Affirmation of the PSLRA Safe Harbor and Rigorous Scienter Standards in Securities Litigation

Date: May 17, 2025
Affirmation of the PSLRA Safe Harbor and Rigorous Scienter Standards in Securities Litigation Introduction In Mangrove Partners Fund, Ltd. v. Bristol-Myers Squibb Co., 24-826 (2d Cir. May 16, 2025),...
Enforcement of Appellate Waivers Under Rule 11(b)(1)(N): United States v. Landa

Enforcement of Appellate Waivers Under Rule 11(b)(1)(N): United States v. Landa

Date: May 17, 2025
Enforcement of Appellate Waivers Under Rule 11(b)(1)(N): United States v. Landa Introduction The Second Circuit’s summary order in United States v. Landa, No. 24-1307-cr (2d Cir. May 16, 2025),...
Inquiry Notice and Reasonable Diligence Under CPLR 213(8): Poulard v. Delphin

Inquiry Notice and Reasonable Diligence Under CPLR 213(8): Poulard v. Delphin

Date: May 17, 2025
Inquiry Notice and Reasonable Diligence Under CPLR 213(8): Poulard v. Delphin Introduction Poulard v. Delphin is a summary order issued by the United States Court of Appeals for the Second Circuit on...
Substantial Evidence, Supportability, and Appeals Council Review: Clarifications from Wickham v. Commissioner of Social Security

Substantial Evidence, Supportability, and Appeals Council Review: Clarifications from Wickham v. Commissioner of Social Security

Date: May 17, 2025
Substantial Evidence, Supportability, and Appeals Council Review: Clarifications from Wickham v. Commissioner of Social Security Introduction In Wickham v. Commissioner of Social Security, 24-2045...
Affirmation of Article 78 as Adequate Post-Deprivation Remedy & Heightened “Class of One” Equal Protection Standard

Affirmation of Article 78 as Adequate Post-Deprivation Remedy & Heightened “Class of One” Equal Protection Standard

Date: May 17, 2025
Affirmation of Article 78 as Adequate Post-Deprivation Remedy & Heightened “Class of One” Equal Protection Standard Introduction Grune v. Hernandez, No. 24-1803-cv (2d Cir. May 16, 2025), is a...
United States v. Young: Affirmation of Discretion in Compassionate Release Balancing § 3553(a) Factors

United States v. Young: Affirmation of Discretion in Compassionate Release Balancing § 3553(a) Factors

Date: May 17, 2025
United States v. Young: Affirmation of Discretion in Compassionate Release Balancing § 3553(a) Factors Introduction United States v. Young, 24-1913 (2d Cir. 2025), is a summary order from the United...
Clarifying the Scope of the U.S.S.G. §2D1.1(b)(12) Drug-Involved Premises Enhancement

Clarifying the Scope of the U.S.S.G. §2D1.1(b)(12) Drug-Involved Premises Enhancement

Date: May 17, 2025
Clarifying the Scope of the U.S.S.G. §2D1.1(b)(12) Drug-Involved Premises Enhancement Introduction In United States v. Peatman, 24-2150-cr (2d Cir. May 16, 2025), the Second Circuit addressed the...
Reaffirming Broad §1782 Discovery: The “For Use” Requirement and Intel Factors in In re Kipperband

Reaffirming Broad §1782 Discovery: The “For Use” Requirement and Intel Factors in In re Kipperband

Date: May 17, 2025
Reaffirming Broad §1782 Discovery: The “For Use” Requirement and Intel Factors in In re Kipperband Introduction In In re Kipperband, 24-2627 (2d Cir. May 16, 2025), the Second Circuit addressed a...
Deference to Demeanor Findings and Totality Standard in Credibility Determinations: Bi-Tong v. Bondi

Deference to Demeanor Findings and Totality Standard in Credibility Determinations: Bi-Tong v. Bondi

Date: May 16, 2025
Deference to Demeanor Findings and Totality Standard in Credibility Determinations 1. Introduction In Bi-Tong v. Bondi, No. 23-7421 (2d Cir. May 15, 2025), the United States Court of Appeals for the...
Statutory Mootness Under 11 U.S.C. §363(m): The Irreversibility of Bankruptcy Asset Sales to Good-Faith Purchasers and Mootness of Eviction Appeals

Statutory Mootness Under 11 U.S.C. §363(m): The Irreversibility of Bankruptcy Asset Sales to Good-Faith Purchasers and Mootness of Eviction Appeals

Date: May 16, 2025
Statutory Mootness Under 11 U.S.C. §363(m): The Irreversibility of Bankruptcy Asset Sales to Good-Faith Purchasers and Mootness of Eviction Appeals Introduction In In Re: Clean Air Car Service &...
No Rule 54(b) Appeal Without Finality: Zivkovic v. Laura Christy LLC Clarifies Limits on Conditional Dismissals

No Rule 54(b) Appeal Without Finality: Zivkovic v. Laura Christy LLC Clarifies Limits on Conditional Dismissals

Date: May 16, 2025
No Rule 54(b) Appeal Without Finality: Zivkovic v. Laura Christy LLC Clarifies Limits on Conditional Dismissals Introduction Zivkovic v. Laura Christy LLC is a Second Circuit decision (Docket No....
Extension of §3C1.3 Enhancement to Offenses Committed While on Supervised Release Pending Proceedings

Extension of §3C1.3 Enhancement to Offenses Committed While on Supervised Release Pending Proceedings

Date: May 16, 2025
Extension of §3C1.3 Enhancement to Offenses Committed While on Supervised Release Pending Proceedings Introduction United States v. Nellis (2d Cir. May 15, 2025) addresses whether the Sentencing...
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