§ 922(g)(1) Unanimity Rule: Jury Need Not Agree on the Specific Firearm or Ammunition Possessed Case: United States v. Miguel Rivera, A/K/A Macho (2d Cir. Sept. 3, 2026) Court: United States Court of...
Cabined Delegation Rule for Third-Party Risk Notifications in Supervised Release: Courts May Authorize Probation to Identify At-Risk Third Parties When the Court Defines the Risk 1. Introduction In...
Second Circuit Adopts the “Maxwell Rule”: Appeals May Be Dismissed for Nonpayment of Sister-Circuit Rule 38 Sanctions in Related Matters 1. Introduction Arrowhead Capital Finance, Ltd. v. Picture Pro...
Second Circuit Adopts a Multi-Factor Test for When Denial of Leave to Amend Precludes a Later Suit 1. Introduction Trireme Energy Development v. RWE Renewables (2d Cir. Sept. 1, 2026) addresses a...
Federal Witness-Retaliation Conspiracy Under 18 U.S.C. § 1513(b) Is Categorically a CIMT; CIMT Ground Not Vague as Applied Case: Dziedziach v. Blanche (2d Cir. Aug. 31, 2026) Holding (core):...
Second Circuit: NFA Registration and (Former) $200 Tax Do Not “Meaningfully Constrain” Second Amendment Rights Under Bruen Step One United States v. DeFelice (2d Cir. Sept. 2, 2026) I. Introduction...
Second Circuit Rejects NLRB’s Tesla, Inc. Presumption and “Narrow Tailoring” for Dress Codes; Requires a Balanced Republic Aviation Analysis Case: Siren Retail Corp. v. NLRB (2d Cir. Sept. 2, 2026) |...
Indivisible-Conduct Disclaimers Cannot Defeat Federal-Officer Removal for PBMs in Opioid Public-Nuisance Litigation 1. Introduction In County of Westchester v. Express Scripts (2d Cir. Sept. 2,...
Public High School Classroom Displays Are Garcetti “Official-Duties” Speech (Government Speech) in the Second Circuit Case: Dolce v. Connetquot Cent. Sch. Dist. (2d Cir. Aug. 31, 2026) Court: United...
Revenue Rule Does Not Bar Foreign Tax Authority’s Fraud Suit to Recover Refund Payments Where No Tax Was Owed 1. Introduction Skatteforvaltningen v. Markowitz (2d Cir. Aug. 31, 2026) is a bellwether...
Second Circuit Adopts “Representative Sample” Pleading for Direct FCA Claims While Reviving Reverse FCA Liability for Concealed Overpayment Retention 1. Introduction In United States v. Amerisource...
Lowell v. Lyft, Inc.: ADA Plaintiffs Must Prove Proposed Modifications Will Likely Produce Effective WAV Service; “Facial Reasonableness” Alone Is Not Enough 1. Introduction In Lowell v. Lyft, Inc....
Second Circuit Defines PREP Act “Causal Relationship” (No Sole-Cause Requirement) and Holds Denials of PREP Act Immunity Immediately Appealable; CUTPA Cannot Recast Medical Malpractice I....
Upward Variances May Not Punish Non‑Cooperation: The Second Circuit Requires Sindima-Specific Findings and Reassignment When Sentencing References Failure to Help Recover Firearms 1. Introduction In...
First Step Act § 404(b) Resentencing Cannot Reduce Statutory Mandatory-Minimum Supervised Release Using Nonretroactive § 401 Changes or Related Guidelines (Post-Concepcion) Introduction United States...
FVRA Incumbent-First-Assistant Rule and Anti-Circumvention Bar on “Total Delegation” of a Vacant U.S. Attorney’s Powers 1. Introduction Case: In re Grand Jury Subpoenas to the Office of the New York...
Section 1958 “Consideration” Means Reciprocal Inducement (Not Employment): The Second Circuit’s Rule for Murder-for-Hire I. Introduction In United States v. Martin (2d Cir. Aug. 21, 2026), the Second...
IDEA “Stay-Put” Relief Is Unavailable for Past, Completed School Years Absent a Showing of Current Jeopardy (and Post-Relief Claims Are Moot) 1. Introduction Juca v. Banks (2d Cir. Aug. 20, 2026)...
FIRREA Succession Clause Does Not Transfer Investors’ Rule 10b-5 Purchase-and-Sale Claims to the FDIC; No FIRREA Exhaustion for Third-Party Securities Claims Introduction Sjunde AP-Fonden v. FDIC (2d...
Residual-Exception Admission of Unsworn Recantation Letters to Defeat Grand-Jury Probable Cause at Summary Judgment I. Introduction Batista-Reyes v. Paul (2d Cir. Aug. 17, 2026) arises from a 1993...