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2d Circuit Case Commentaries

Mutual Contractual Indemnification for First-Party Breach Claims

Mutual Contractual Indemnification for First-Party Breach Claims

Date: May 16, 2025
Mutual Contractual Indemnification for First-Party Breach Claims Introduction Trade Links, LLC v. BI-QEM SA de CV, decided May 15, 2025 by the Second Circuit, addresses two central issues: (1) the...
District Court Discretion in Rule 41(b) Dismissals and Prevailing Defendants’ Appeal Rights

District Court Discretion in Rule 41(b) Dismissals and Prevailing Defendants’ Appeal Rights

Date: May 16, 2025
District Court Discretion in Rule 41(b) Dismissals and Prevailing Defendants’ Appeal Rights Introduction Tacon v. Cromwell, 24-3138-cv (2d Cir. May 15, 2025) arose from a breach-of-guaranty action...
Prevailing-Party Fee Awards Despite Plaintiff’s Nominal Victory: A Commentary on Advanced Analytics, Inc. v. Citigroup Global Markets, Inc.

Prevailing-Party Fee Awards Despite Plaintiff’s Nominal Victory: A Commentary on Advanced Analytics, Inc. v. Citigroup Global Markets, Inc.

Date: May 14, 2025
Prevailing-Party Fee Awards Despite Plaintiff’s Nominal Victory: A Commentary on Advanced Analytics, Inc. v. Citigroup Global Markets, Inc. Introduction In Advanced Analytics, Inc. v. Citigroup...
Extending the Good-Faith Exception to Warrantless Probation Searches Pre-Oliveras: A Commentary on United States v. Kurzajczyk (2d Cir. 2025)

Extending the Good-Faith Exception to Warrantless Probation Searches Pre-Oliveras: A Commentary on United States v. Kurzajczyk (2d Cir. 2025)

Date: May 14, 2025
Extending the Good-Faith Exception to Warrantless Probation Searches Pre-Oliveras: A Commentary on United States v. Kurzajczyk (2d Cir. 2025) 1. Introduction The Second Circuit’s summary order in...
Tucker v. Commissioner of Social Security — The Second Circuit’s Refined Approach to Harmless Error under the Treating-Physician Rule

Tucker v. Commissioner of Social Security — The Second Circuit’s Refined Approach to Harmless Error under the Treating-Physician Rule

Date: May 14, 2025
Tucker v. Commissioner of Social Security — The Second Circuit’s Refined Approach to Harmless Error under the Treating-Physician Rule Introduction The Second Circuit’s summary order in Tucker v....
Clarifying “Social Distinction” in Asylum Law:  Ramirez-Gomez v. Bondi and the Limits of Gang-Resistance Social Groups

Clarifying “Social Distinction” in Asylum Law: Ramirez-Gomez v. Bondi and the Limits of Gang-Resistance Social Groups

Date: May 14, 2025
Clarifying “Social Distinction” in Asylum Law: Ramirez-Gomez v. Bondi and the Limits of Gang-Resistance Social Groups Introduction Ramirez-Gomez v. Bondi, decided by the United States Court of...
“Stigma Is Not Persecution” – The Second Circuit’s Clarification of Medical-Disability Claims in Removal Proceedings

“Stigma Is Not Persecution” – The Second Circuit’s Clarification of Medical-Disability Claims in Removal Proceedings

Date: May 14, 2025
“Stigma Is Not Persecution” – The Second Circuit’s Clarification of Medical-Disability Claims in Removal Proceedings 1. Introduction In Dukuray Jawara v. Bondi, No. 22-6552-ag (2d Cir. May 13, 2025),...
Exclusive Remedy for Automatic Stay Violations Does Not Preclude §6503(h)(2) Tolling of Tax Penalty Collections

Exclusive Remedy for Automatic Stay Violations Does Not Preclude §6503(h)(2) Tolling of Tax Penalty Collections

Date: May 14, 2025
Exclusive Remedy for Automatic Stay Violations Does Not Preclude §6503(h)(2) Tolling of Tax Penalty Collections Introduction The Second Circuit’s May 13, 2025 summary order in United States v....
Clarifying the Timeliness of FAA Confirmation Petitions after Limited Remand – Subway Int’l B.V. v. Subway Russia Franchising Co.

Clarifying the Timeliness of FAA Confirmation Petitions after Limited Remand – Subway Int’l B.V. v. Subway Russia Franchising Co.

Date: May 13, 2025
Clarifying the Timeliness of FAA Confirmation Petitions after Limited Remand – Subway Int’l B.V. v. Subway Russia Franchising Co. Introduction The Second Circuit’s summary order in Subway...
Record-Date Shareholders Retain Standing After Sale: The Second Circuit’s Clarification on Personal Rights to Property Dividends in Sabby Volatility Warrant Master Fund Ltd. v. Jupiter Wellness, Inc.

Record-Date Shareholders Retain Standing After Sale: The Second Circuit’s Clarification on Personal Rights to Property Dividends in Sabby Volatility Warrant Master Fund Ltd. v. Jupiter Wellness, Inc.

Date: May 13, 2025
Record-Date Shareholders Retain Standing After Sale: The Second Circuit’s Clarification on Personal Rights to Property Dividends in Sabby Volatility Warrant Master Fund Ltd. v. Jupiter Wellness, Inc....
The “Single-Inconsistency” Touchstone: Liu v. Bondi and the Modern Architecture of Adverse-Credibility Review

The “Single-Inconsistency” Touchstone: Liu v. Bondi and the Modern Architecture of Adverse-Credibility Review

Date: May 13, 2025
The “Single-Inconsistency” Touchstone: Liu v. Bondi and the Modern Architecture of Adverse-Credibility Review Introduction Liu v. Bondi, No. 23-6623 (2d Cir. May 12, 2025) is a non-precedential...
Second Circuit Re-Affirms the “Individualized Assessment” Mandate Before Imposing Mental-Health Conditions on Supervised Release: Commentary on United States v. Ortiz (2025)

Second Circuit Re-Affirms the “Individualized Assessment” Mandate Before Imposing Mental-Health Conditions on Supervised Release: Commentary on United States v. Ortiz (2025)

Date: May 10, 2025
Second Circuit Re-Affirms the “Individualized Assessment” Mandate Before Imposing Mental-Health Conditions on Supervised Release: Commentary on United States v. Ortiz (2025) 1. Introduction The...
“Physical-Presence Venue” in Cyberspace Exploitation Cases: The Emerging Martinez Rule

“Physical-Presence Venue” in Cyberspace Exploitation Cases: The Emerging Martinez Rule

Date: May 10, 2025
“Physical-Presence Venue” in Cyberspace Exploitation Cases: The Emerging Martinez Rule 1. Introduction United States v. Martinez, No. 23-7437, decided by the United States Court of Appeals for the...
“Speak Now or Forever Hold Your Peace” — The Second Circuit Re-Affirms Strict Rules on Exhaustion and Issue Preservation in Asylum Litigation (Martinez Arias De Cruz v. Bondi, 2025)

“Speak Now or Forever Hold Your Peace” — The Second Circuit Re-Affirms Strict Rules on Exhaustion and Issue Preservation in Asylum Litigation (Martinez Arias De Cruz v. Bondi, 2025)

Date: May 10, 2025
“Speak Now or Forever Hold Your Peace” — The Second Circuit Re-Affirms Strict Rules on Exhaustion and Issue Preservation in Asylum Litigation (Martinez Arias De Cruz v. Bondi, 2025) 1. Introduction...

        Clarifying “Extraordinary Circumstances” in Late-Filed Asylum Applications:
        Language Barriers and Legal Unawareness Deemed Insufficient – Commentary on Aguilar Ordonez v. Bondi

Clarifying “Extraordinary Circumstances” in Late-Filed Asylum Applications: Language Barriers and Legal Unawareness Deemed Insufficient – Commentary on Aguilar Ordonez v. Bondi

Date: May 10, 2025
Clarifying “Extraordinary Circumstances” in Late-Filed Asylum Applications: Language Barriers and Legal Unawareness Deemed Insufficient – Commentary on Aguilar Ordonez v. Bondi 1. Introduction...
Clarifying Sovereign Immunity and the Takings Clause: Ngambo v. Social Security Administration (2d Cir. 2025)

Clarifying Sovereign Immunity and the Takings Clause: Ngambo v. Social Security Administration (2d Cir. 2025)

Date: May 10, 2025
Clarifying Sovereign Immunity and the Takings Clause: Ngambo v. Social Security Administration (2d Cir. 2025) Introduction In Ngambo v. Social Security Administration, the United States Court of...
Malhi v. Bondi: The Second Circuit’s Clarification on Abandonment and Unchallenged Credibility Findings in Immigration Appeals

Malhi v. Bondi: The Second Circuit’s Clarification on Abandonment and Unchallenged Credibility Findings in Immigration Appeals

Date: May 10, 2025
Malhi v. Bondi: The Second Circuit’s Clarification on Abandonment and Unchallenged Credibility Findings in Immigration Appeals Introduction Case: Malhi v. Bondi, No. 23-6549 (2d Cir. May 9, 2025) –...
United States v. Franco: Reinforcing Harmless-Error Doctrine and Clarifying the Non-Hearsay Use of Identification Statements in Supervised-Release Revocation Hearings

United States v. Franco: Reinforcing Harmless-Error Doctrine and Clarifying the Non-Hearsay Use of Identification Statements in Supervised-Release Revocation Hearings

Date: May 10, 2025
United States v. Franco: Reinforcing Harmless-Error Doctrine and Clarifying the Non-Hearsay Use of Identification Statements in Supervised-Release Revocation Hearings Introduction In United States v....
“Evolving-Claim Credibility” – Second Circuit Clarifies Deference Owed to Immigration Judges When Asylum Applicants Expand or Alter Their Narrative

“Evolving-Claim Credibility” – Second Circuit Clarifies Deference Owed to Immigration Judges When Asylum Applicants Expand or Alter Their Narrative

Date: May 10, 2025
“Evolving-Claim Credibility” – Second Circuit Clarifies Deference Owed to Immigration Judges When Asylum Applicants Expand or Alter Their Narrative Introduction Singh v. Bondi, No. 23-6319 (2d Cir....
Mandatory Issue-Exhaustion and Corroboration Standards in Asylum Appeals: Commentary on Nkezea Efuetnji v. Bondi (2d Cir. 2025)

Mandatory Issue-Exhaustion and Corroboration Standards in Asylum Appeals: Commentary on Nkezea Efuetnji v. Bondi (2d Cir. 2025)

Date: May 10, 2025
Mandatory Issue-Exhaustion and Corroboration Standards in Asylum Appeals: Nkezea Efuetnji v. Bondi (2d Cir. 2025) 1. Introduction This commentary examines the Second Circuit’s Summary Order in Nkezea...
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