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  • Commentaries
  • Judgments

2d Circuit Case Commentaries

Restricting Federal Jurisdiction Over State-Law Claims Involving Federal Tax Code Interpretation

Restricting Federal Jurisdiction Over State-Law Claims Involving Federal Tax Code Interpretation

Date: May 1, 2025
Restricting Federal Jurisdiction Over State-Law Claims Involving Federal Tax Code Interpretation Introduction AMTAX Holdings 227, LLC v. CohnReznick LLP, decided April 30, 2025 by the Second Circuit,...
Termination by Mass Withdrawal Does Not Preclude SFA Eligibility Under 29 U.S.C. § 1432(b)(1)(A)

Termination by Mass Withdrawal Does Not Preclude SFA Eligibility Under 29 U.S.C. § 1432(b)(1)(A)

Date: Apr 30, 2025
Termination by Mass Withdrawal Does Not Preclude SFA Eligibility Under 29 U.S.C. § 1432(b)(1)(A) Introduction This commentary examines the United States Court of Appeals for the Second Circuit’s...
Material Omissions and Internal Relocation Standards in Asylum and CAT Adjudications

Material Omissions and Internal Relocation Standards in Asylum and CAT Adjudications

Date: Apr 30, 2025
Material Omissions and Internal Relocation Standards in Asylum and CAT Adjudications Introduction Hernandez-Hernandez v. Bondi is a Second Circuit summary order issued on April 29, 2025. Petitioners...
Specific Promise Requirement for In-Person Learning in Student-University Implied Contracts under New York Law

Specific Promise Requirement for In-Person Learning in Student-University Implied Contracts under New York Law

Date: Apr 30, 2025
Specific Promise Requirement for In-Person Learning in Student-University Implied Contracts under New York Law Introduction Beck v. Manhattan College, decided by the United States Court of Appeals...
Constructive Employer Liability and Harmless Hearsay: New Frontiers in Hostile Work Environment Litigation in Smart v. USA Labor for Hire, Inc.

Constructive Employer Liability and Harmless Hearsay: New Frontiers in Hostile Work Environment Litigation in Smart v. USA Labor for Hire, Inc.

Date: Apr 29, 2025
Constructive Employer Liability and Harmless Hearsay: New Frontiers in Hostile Work Environment Litigation in Smart v. USA Labor for Hire, Inc. Introduction Smart v. USA Labor for Hire, Inc. (No....
Limits of New York’s Long-Arm Jurisdiction in Correspondent Banking Transactions

Limits of New York’s Long-Arm Jurisdiction in Correspondent Banking Transactions

Date: Apr 29, 2025
Limits of New York’s Long-Arm Jurisdiction in Correspondent Banking Transactions Introduction Raad v. Bank Audi S.A.L., 24-840-cv (2d Cir. Apr. 28, 2025), presents a dispute between three New York...
Singh v. Bondi: Fundamental Changed Country Conditions Bar Asylum and Related Relief

Singh v. Bondi: Fundamental Changed Country Conditions Bar Asylum and Related Relief

Date: Apr 29, 2025
Singh v. Bondi: Fundamental Changed Country Conditions Bar Asylum and Related Relief 1. Introduction In Singh v. Bondi, 22-6437 (2d Cir. Apr. 28, 2025), Sarwinder Singh, a Sikh national from Punjab,...
Business Connections as “Pecuniary Value” & Mandatory Life Terms under 18 U.S.C. § 1958(a)

Business Connections as “Pecuniary Value” & Mandatory Life Terms under 18 U.S.C. § 1958(a)

Date: Apr 29, 2025
Business Connections as “Pecuniary Value” & Mandatory Life Terms under 18 U.S.C. § 1958(a) Introduction United States v. Zhe Zhang, 24-1532(L), decided April 28, 2025 by the Second Circuit, presents...
Presumption of Proper Consideration of Section 3553(a) Factors in §3582(c)(2) Sentencing Reductions

Presumption of Proper Consideration of Section 3553(a) Factors in §3582(c)(2) Sentencing Reductions

Date: Apr 29, 2025
Presumption of Proper Consideration of Section 3553(a) Factors in §3582(c)(2) Sentencing Reductions Introduction United States v. Jacklyn, 24-1817 (2d Cir. Apr. 28, 2025), presents the Second...
Balancing Statutory Factors in Speedy Trial Act Dismissals: Discretionary Remedy Affirmed in United States v. Pikus

Balancing Statutory Factors in Speedy Trial Act Dismissals: Discretionary Remedy Affirmed in United States v. Pikus

Date: Apr 29, 2025
Balancing Statutory Factors in Speedy Trial Act Dismissals: Discretionary Remedy Affirmed in United States v. Pikus Introduction United States v. Pikus, No. 24-1262-cr (2d Cir. Apr. 28, 2025),...
Narrowing Rooker-Feldman: Third-Party §1983 Claims for Misconduct in State Court Demolition Orders

Narrowing Rooker-Feldman: Third-Party §1983 Claims for Misconduct in State Court Demolition Orders

Date: Apr 29, 2025
Narrowing Rooker-Feldman: Third-Party §1983 Claims for Misconduct in State Court Demolition Orders 1. Introduction Almazon v. Town of Oyster Bay (2d Cir. Apr. 28, 2025) presents a pro se challenge...
Clarification of Requirements for Upward Variance and Special Conditions of Supervised Release

Clarification of Requirements for Upward Variance and Special Conditions of Supervised Release

Date: Apr 26, 2025
Clarification of Requirements for Upward Variance and Special Conditions of Supervised Release Introduction United States v. Cook, decided April 25, 2025 by the Second Circuit in a summary order...
Clarifying Accrual and Statute-of-Limitations for GBL §§349–350 Claims: Injury Upon Premium Payment as Trigger

Clarifying Accrual and Statute-of-Limitations for GBL §§349–350 Claims: Injury Upon Premium Payment as Trigger

Date: Apr 26, 2025
Clarifying Accrual and Statute-of-Limitations for GBL §§349–350 Claims: Injury Upon Premium Payment as Trigger Introduction The Second Circuit’s summary order in Nachman v. Tesla, Inc., 24-2362 (2d...
Affirming Admissibility of Co-Conspirator Statements and Excluding Wharton's Rule in Honest Services Fraud Conspiracies

Affirming Admissibility of Co-Conspirator Statements and Excluding Wharton's Rule in Honest Services Fraud Conspiracies

Date: Apr 26, 2025
Affirming Admissibility of Co-Conspirator Statements and Excluding Wharton's Rule in Honest Services Fraud Conspiracies Introduction United States v. Maharaj is a Second Circuit summary order decided...
Clarifying the Use of Arrest Records and Section 3553(a)(2)(A) Factors in Supervised Release Revocation Sentencing

Clarifying the Use of Arrest Records and Section 3553(a)(2)(A) Factors in Supervised Release Revocation Sentencing

Date: Apr 26, 2025
Clarifying the Use of Arrest Records and Section 3553(a)(2)(A) Factors in Supervised Release Revocation Sentencing Introduction United States v. Gregory (2d Cir. Apr. 25, 2025) addresses two...
Elavon v. Katz: Principal Place of Business Dictates Accrual Under C.P.L.R. 202 for Corporate Plaintiffs

Elavon v. Katz: Principal Place of Business Dictates Accrual Under C.P.L.R. 202 for Corporate Plaintiffs

Date: Apr 26, 2025
Elavon v. Katz: Principal Place of Business Dictates Accrual Under C.P.L.R. 202 for Corporate Plaintiffs Introduction In Elavon, Inc. v. Katz, the Second Circuit affirmed the Eastern District of New...
Substantial Evidence Over Treating‐Physician Deference in LHWCA Disability Claims

Substantial Evidence Over Treating‐Physician Deference in LHWCA Disability Claims

Date: Apr 26, 2025
Substantial Evidence Over Treating‐Physician Deference in LHWCA Disability Claims Introduction Dedic v. Fluor Federal, decided April 25, 2025 by the United States Court of Appeals for the Second...
Clarifying the Futility Exception in ADEA Prima Facie Cases: Cohen v. Arnot Health, Inc.

Clarifying the Futility Exception in ADEA Prima Facie Cases: Cohen v. Arnot Health, Inc.

Date: Apr 26, 2025
Clarifying the Futility Exception in ADEA Prima Facie Cases Introduction Cohen v. Arnot Health, Inc. is a summary order from the United States Court of Appeals for the Second Circuit, decided April...
Expanded Tolling Under the FTCA’s Continuous Treatment Doctrine in Carroll v. United States

Expanded Tolling Under the FTCA’s Continuous Treatment Doctrine in Carroll v. United States

Date: Apr 26, 2025
Expanded Tolling Under the FTCA’s Continuous Treatment Doctrine in Carroll v. United States Introduction Carroll v. United States (2d Cir. Apr. 25, 2025) addresses the scope of the “continuous...
Delegated Arbitrability and District Court Jurisdiction to Confirm Arbitration Awards Post-FAA §3 Stay

Delegated Arbitrability and District Court Jurisdiction to Confirm Arbitration Awards Post-FAA §3 Stay

Date: Apr 26, 2025
Delegated Arbitrability and District Court Jurisdiction to Confirm Arbitration Awards Post-FAA §3 Stay Introduction Jules v. Andre Balazs Properties is a Second Circuit summary order issued April 25,...
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