Insurer Not a “Successor in Interest” Under Rule 32(a)(8) and Strict Unavailability Requirements for Rule 804 Hearsay Exceptions in Coverage Litigation Note on authority: The Second Circuit issued...
FOIA Exemption 3 and 26 U.S.C. § 6103 Bar Disclosure of Third-Party Tax Return Information Absent Consent (and Unobjected Magistrate Discovery Orders Are Waived on Appeal) Introduction In Checksfield...
Vacatur of Unexplained Financial and Credit Conditions Absent Restitution; PSR Adoption Satisfies Oral Pronouncement, While Appeal Waivers Bar Review of Within-Waiver Prison Terms Case: United States...
Statutory Index Cross-References Are Mandatory in Guidelines Calculation for § 2245, and Jointly Crafted Allocutions Can Waive Rule 11 Factual-Basis Challenges Introduction United States v. Moses (2d...
Inconsistent (or Hung) Verdicts Do Not Undermine Sufficiency Review of a § 1512(c)(2) “Corrupt” Attempt to Induce a Witness to Recant Introduction In United States v. Singh (2d Cir. Jan. 22, 2026)...
Appellate Abandonment in Immigration Petitions: Conclusory Briefing Forfeits Review and May Trigger Grievance Referral Introduction Minagua-Yaucan v. Bondi (2d Cir. Jan. 21, 2026) is a...
Post-Plea Faretta Defects Are Subject to Harmless-Error Review When Counsel Is Restored Before Any Critical-Stage Prejudice I. Introduction In United States v. Hendrix, the Second Circuit affirmed...
United States v. Nash — Record-Supported Adult-Pornography Bans and Consecutive Revocation Sentences I. Introduction In United States v. Nash, the U.S. Court of Appeals for the Second Circuit...
Concurrent Sentence Doctrine Bars Davis-Based § 2255 Review Where Unchallenged Life Sentences Make Relief Non-Meaningful I. Introduction In Narvaez v. United States (2d Cir. Jan. 21, 2026) (summary...
Ekstein v. Polito: Issue Preclusion Locks In the Foreclosure Court’s Post-Judgment Interest Determination (and Courts Enforce Transfer-Restriction “Recourse Springing” Clauses as Written)...
Quinn v. City of New York: Strict Proof of Prior Written Notice, “Immediate” Creation for the Affirmative-Negligence Exception, and Rule 56(d) Affidavit Discipline Introduction Quinn v. City of New...
Attempted Enticement Under 18 U.S.C. § 2422(b) Turns on Defendant’s Intent and Substantial Step—Not the Minor’s Willingness—and Identity May Be Proven Circumstantially Case: United States v. Lettieri...
Domestic Injury Under Civil RICO Is Merits, Not Jurisdiction; Coercive Detention by Foreign Security Services Is Not “Commercial Activity” Under FSIA 1. Introduction In Yerkyn v. Yakovlevich (2d Cir....
Andrade v. Bondi — CAT Remand Required When the Agency Overlooks Evidence of Systemic Prison Torture and Intentional Deprivations Introduction In Andrade v. Bondi (2d Cir. Jan. 16, 2026) (summary...
Loper Bright Does Not Displace Prior Chevron-Based Circuit Immigration Precedent; Fact-Weighing in Cancellation Denials Remains Largely Unreviewable 1. Introduction Hinds v. Bondi (2d Cir. Jan. 16,...
Second Circuit: Drug-Import Convictions Require Proof Defendant Knew the Contraband Was a Controlled Substance (Not Merely “Some” Illicit Cargo) 1. Introduction In United States v. Belloisi (2d Cir....
Supervised-Release Revocation Sentencing: Implicit Guidelines Consideration, Limited Use of Arrest History, and Reliance on General Deterrence (United States v. Owens) Note on precedential status:...
Expired Preliminary-Injunction Appeals in School Vaccine Disputes: When “Capable of Repetition” Is Too Speculative 1. Introduction In A.A.C. v. Starpoint Central School District (2d Cir. Jan. 16,...
De‑SPAC Warrant Exercise: An Effective Form S‑4 Satisfies “Registration Statement” and Market‑Price‑at‑Breach Governs Damages Court: United States Court of Appeals for the Second Circuit Date:...
Post-Esteras Limits on Retribution at Supervised-Release Revocation: “Offense” (Underlying Conviction) vs. “Violation” (Breach of Trust) Case: United States v. Lopez, No. 25-1644-cr (2d Cir. Jan. 15,...