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  • Commentaries
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2d Circuit Case Commentaries

No State Sovereign Immunity for the Port Authority in Federal Court: Baroni v. Port Authority and the Demise of Caceres

No State Sovereign Immunity for the Port Authority in Federal Court: Baroni v. Port Authority and the Demise of Caceres

Date: Dec 3, 2025
No State Sovereign Immunity for the Port Authority in Federal Court: Baroni v. Port Authority and the Demise of Caceres I. Introduction In Baroni v. Port Authority of New York and New Jersey, No....
Rubin v. United States (2d Cir. 2025): Right-of-Way, Micromobility, and Summary Judgment in FTCA Traffic Litigation

Rubin v. United States (2d Cir. 2025): Right-of-Way, Micromobility, and Summary Judgment in FTCA Traffic Litigation

Date: Dec 3, 2025
Rubin v. United States (2d Cir. 2025): Right-of-Way, Micromobility, and Summary Judgment in FTCA Traffic Litigation I. Introduction Rubin v. United States, No. 24-2871 (2d Cir. Dec. 1, 2025) (summary...
Fugitive Disentitlement, Sanctions Evasion, and Shell Companies: Commentary on United States v. 73DT Business Enterprises (2d Cir. 2025)

Fugitive Disentitlement, Sanctions Evasion, and Shell Companies: Commentary on United States v. 73DT Business Enterprises (2d Cir. 2025)

Date: Dec 3, 2025
Fugitive Disentitlement, Sanctions Evasion, and Shell Companies: Commentary on United States v. 73DT Business Enterprises (2d Cir. 2025) I. Introduction The Second Circuit’s summary order in United...
United States v. Raheem Jones: Plain-Error Review and the Validity of Broad Gang-Related Supervised Release Conditions

United States v. Raheem Jones: Plain-Error Review and the Validity of Broad Gang-Related Supervised Release Conditions

Date: Dec 3, 2025
United States v. Raheem Jones: Plain-Error Review and the Validity of Broad Gang-Related Supervised Release Conditions United States Court of Appeals for the Second Circuit, Summary Order, December...
United States v. Lesane: Reaffirming Probation Search Authority, § 924(c) Nexus Requirements, and the Constitutionality of § 922(g)(1)

United States v. Lesane: Reaffirming Probation Search Authority, § 924(c) Nexus Requirements, and the Constitutionality of § 922(g)(1)

Date: Dec 3, 2025
United States v. Lesane: Reaffirming Probation Search Authority, § 924(c) Nexus Requirements, and the Constitutionality of § 922(g)(1) I. Introduction The Second Circuit’s summary order in United...
United States v. Mighty: Reinforcing District Court Discretion Under § 3553(a) in Compassionate Release Motions

United States v. Mighty: Reinforcing District Court Discretion Under § 3553(a) in Compassionate Release Motions

Date: Dec 3, 2025
United States v. Mighty: Reinforcing District Court Discretion Under § 3553(a) in Compassionate Release Motions Court: United States Court of Appeals for the Second Circuit Case: United States v....
When “Notwithstanding” Controls: Shapiro v. U.S. Social Security Administration and the Priority of Social Security Act § 1306(c) over FOIA’s Fee‑Preclusion Rule

When “Notwithstanding” Controls: Shapiro v. U.S. Social Security Administration and the Priority of Social Security Act § 1306(c) over FOIA’s Fee‑Preclusion Rule

Date: Dec 1, 2025
When “Notwithstanding” Controls: Shapiro v. U.S. Social Security Administration and the Priority of Social Security Act § 1306(c) over FOIA’s Fee‑Preclusion Rule I. Introduction In Shapiro v. U.S....
Buller v. Commissioner: The § 6213(a) Deficiency Petition Deadline as a Nonjurisdictional, Equitably Tollable Rule

Buller v. Commissioner: The § 6213(a) Deficiency Petition Deadline as a Nonjurisdictional, Equitably Tollable Rule

Date: Dec 1, 2025
Buller v. Commissioner: The § 6213(a) Deficiency Petition Deadline as a Nonjurisdictional, Equitably Tollable Rule I. Introduction In Buller v. Commissioner, No. 24-1557 (2d Cir. Nov. 26, 2025) (as...
Mootness of Interlocutory Appeals After Bankruptcy Stay Relief: Commentary on In re 155 Chambersfood, Inc.

Mootness of Interlocutory Appeals After Bankruptcy Stay Relief: Commentary on In re 155 Chambersfood, Inc.

Date: Dec 1, 2025
Mootness of Interlocutory Appeals After Bankruptcy Stay Relief: Commentary on In re 155 Chambersfood, Inc. (2d Cir. Nov. 26, 2025) I. Introduction This commentary analyzes the Second Circuit’s...

    Thieriot v. Laggner: Application of New York’s Brettler Rule on Anti‑Assignment Clauses,
    “Consummation” of Share Sales, and Joinder of Contracting Parties

Thieriot v. Laggner: Application of New York’s Brettler Rule on Anti‑Assignment Clauses, “Consummation” of Share Sales, and Joinder of Contracting Parties

Date: Dec 1, 2025
Thieriot v. Laggner: Application of New York’s Brettler Rule on Anti‑Assignment Clauses, “Consummation” of Share Sales, and Joinder of Contracting Parties I. Introduction In Thieriot v. Laggner, No....
Erde v. Carranza: Strict Enforcement of IDEA Issue Exhaustion and Limits on “Opening the Door” in FAPE Transportation Disputes

Erde v. Carranza: Strict Enforcement of IDEA Issue Exhaustion and Limits on “Opening the Door” in FAPE Transportation Disputes

Date: Dec 1, 2025
Erde v. Carranza: Strict Enforcement of IDEA Issue Exhaustion and Limits on “Opening the Door” in FAPE Transportation Disputes I. Introduction Erde v. Carranza, No. 25-54-cv (2d Cir. Nov. 26, 2025)...
Second Circuit Clarifies FMLA Discouragement, Notice, and Retaliation Standards in Haran v. Orange Business Services, Inc.

Second Circuit Clarifies FMLA Discouragement, Notice, and Retaliation Standards in Haran v. Orange Business Services, Inc.

Date: Nov 30, 2025
Second Circuit Clarifies FMLA Discouragement, Notice, and Retaliation Standards in Haran v. Orange Business Services, Inc. I. Introduction The United States Court of Appeals for the Second Circuit’s...
Nunez v. Commissioner: Substantial Evidence and RFC Findings on Mental Health–Related Attendance and Time Off Task

Nunez v. Commissioner: Substantial Evidence and RFC Findings on Mental Health–Related Attendance and Time Off Task

Date: Nov 29, 2025
Nunez v. Commissioner of Social Security: Substantial Evidence and Residual Functional Capacity for Attendance and Time Off Task in Mental Health Disability Claims I. Introduction In Nunez v....
Recasting FRSA Whistleblower Law: Contributing‑Factor Causation and Retaliatory Hostile Work Environment After Ziparo v. CSX Transportation

Recasting FRSA Whistleblower Law: Contributing‑Factor Causation and Retaliatory Hostile Work Environment After Ziparo v. CSX Transportation

Date: Nov 29, 2025
Recasting FRSA Whistleblower Law: Contributing‑Factor Causation and Retaliatory Hostile Work Environment After Ziparo v. CSX Transportation I. Introduction In Ziparo v. CSX Transportation, Inc., No....
Government Acquiescence to Prison Gang Torture Under CAT: Commentary on B.G.S. v. Bondi (2d Cir. 2025)

Government Acquiescence to Prison Gang Torture Under CAT: Commentary on B.G.S. v. Bondi (2d Cir. 2025)

Date: Nov 29, 2025
Government Acquiescence to Prison Gang Torture Under CAT: Commentary on B.G.S. v. Bondi (2d Cir. 2025) I. Introduction The Second Circuit’s decision in B.G.S. v. Bondi, No. 23‑6862 (2d Cir. Nov. 24,...
Reaffirming Implied and Voluntary Consent to Home Searches: Commentary on United States v. Brooks (2d Cir. 2025)

Reaffirming Implied and Voluntary Consent to Home Searches: Commentary on United States v. Brooks (2d Cir. 2025)

Date: Nov 29, 2025
Reaffirming Implied and Voluntary Consent to Warrantless Home Searches: Commentary on United States v. Brooks (2d Cir. 2025) I. Introduction The Second Circuit’s summary order in United States v....
No Need to Reach Both Equitable Tolling Prongs When One Fails: Mandate Rule Clarified in Jane Doe v. United States (2d Cir. 2025)

No Need to Reach Both Equitable Tolling Prongs When One Fails: Mandate Rule Clarified in Jane Doe v. United States (2d Cir. 2025)

Date: Nov 28, 2025
No Need to Reach Both Equitable Tolling Prongs When One Fails: Mandate Rule Clarified in Jane Doe v. United States (2d Cir. 2025) I. Introduction This commentary examines the Second Circuit’s summary...
Discretionary De Novo Resentencing After Partial § 2255 Vacatur: Commentary on United States v. Abu Mezer

Discretionary De Novo Resentencing After Partial § 2255 Vacatur: Commentary on United States v. Abu Mezer

Date: Nov 28, 2025
Discretionary De Novo Resentencing After Partial § 2255 Vacatur: Commentary on United States v. Abu Mezer I. Introduction The Second Circuit’s summary order in United States v. Abu Mezer, No. 23‑6099...
Colorable Claims, Issue Exhaustion, and CAT Review in Immigration Appeals: Commentary on Hasan v. Bondi (2d Cir. 2025)

Colorable Claims, Issue Exhaustion, and CAT Review in Immigration Appeals: Commentary on Hasan v. Bondi (2d Cir. 2025)

Date: Nov 28, 2025
Colorable Claims, Issue Exhaustion, and CAT Review in Immigration Appeals: Commentary on Hasan v. Bondi (2d Cir. 2025) I. Introduction This commentary analyzes the Second Circuit’s summary order in...
Harmless Error, Expert Evidence, and Local Rule Enforcement in Civil Rights Trials: Commentary on Paul v. City of New York (2d Cir. 2025)

Harmless Error, Expert Evidence, and Local Rule Enforcement in Civil Rights Trials: Commentary on Paul v. City of New York (2d Cir. 2025)

Date: Nov 28, 2025
Harmless Error, Expert Evidence, and Local Rule Enforcement in Civil Rights Trials: Commentary on Paul v. City of New York (2d Cir. 2025) I. Introduction This commentary examines the Second Circuit’s...
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