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  • Commentaries
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2d Circuit Case Commentaries

Refusal to Pay Extortion Demands by Criminal Gangs Does Not Establish Nexus to a Protected Ground for Asylum

Refusal to Pay Extortion Demands by Criminal Gangs Does Not Establish Nexus to a Protected Ground for Asylum

Date: Apr 25, 2025
Refusal to Pay Extortion Demands by Criminal Gangs Does Not Establish Nexus to a Protected Ground for Asylum Introduction Quichimbo-Caracundo v. Bondi is a summary order issued on April 24, 2025, by...
Clarification of Nexus and Corroboration Standards in Asylum Proceedings: Mahmud v. Bondi

Clarification of Nexus and Corroboration Standards in Asylum Proceedings: Mahmud v. Bondi

Date: Apr 25, 2025
Clarification of Nexus and Corroboration Standards in Asylum Proceedings: Mahmud v. Bondi Introduction The Second Circuit’s summary order in Mahmud v. Bondi (23-6043, April 24, 2025) addresses...
Isolated Threats and Prior Safe Relocation: Limits on Asylum Claims from Private-Actor Violence

Isolated Threats and Prior Safe Relocation: Limits on Asylum Claims from Private-Actor Violence

Date: Apr 25, 2025
Isolated Threats and Prior Safe Relocation: Limits on Asylum Claims from Private-Actor Violence Introduction This commentary examines the Second Circuit’s summary order in Ixcoy Sica v. Bondi,...
Linton v. Zorn: Pain-Compliance on Passive Resistors Exceeds Fourth Amendment Bounds

Linton v. Zorn: Pain-Compliance on Passive Resistors Exceeds Fourth Amendment Bounds

Date: Apr 25, 2025
Linton v. Zorn: Pain-Compliance on Passive Resistors Exceeds Fourth Amendment Bounds Introduction The Second Circuit’s April 24, 2025 decision in Linton v. Zorn arises out of a January 2015 sit-in...
Demonstrating Racial Motivation in Hostile Work Environment Claims: Title VII’s Evidentiary Threshold Clarified

Demonstrating Racial Motivation in Hostile Work Environment Claims: Title VII’s Evidentiary Threshold Clarified

Date: Apr 24, 2025
Demonstrating Racial Motivation in Hostile Work Environment Claims: Title VII’s Evidentiary Threshold Clarified Introduction Browne v. New York State Department of Corrections and Community...
United States v. Acevedo: Standards for Sufficiency and Jury Instruction in 18 U.S.C. §1959(a)(1) Murder in Aid of Racketeering

United States v. Acevedo: Standards for Sufficiency and Jury Instruction in 18 U.S.C. §1959(a)(1) Murder in Aid of Racketeering

Date: Apr 23, 2025
United States v. Acevedo: Standards for Sufficiency and Jury Instruction in 18 U.S.C. §1959(a)(1) Murder in Aid of Racketeering Introduction United States v. Acevedo (2d Cir. 2025) is a summary order...
Esteban-Ramirez v. Bondi: Exclusion of “Witness to a Crime” as a Particular Social Group and Mandatory CAT Claim Exhaustion

Esteban-Ramirez v. Bondi: Exclusion of “Witness to a Crime” as a Particular Social Group and Mandatory CAT Claim Exhaustion

Date: Apr 23, 2025
Esteban-Ramirez v. Bondi: Exclusion of “Witness to a Crime” as a Particular Social Group and Mandatory CAT Claim Exhaustion Introduction In Esteban-Ramirez v. Bondi, 22-6434 (2d Cir. Apr. 22, 2025),...
Pan v. City of Niagara Falls: Federal Limits on §1983 Claims – Sovereign Immunity, Tax Injunction Act, and the Class-of-One Equal Protection Doctrine

Pan v. City of Niagara Falls: Federal Limits on §1983 Claims – Sovereign Immunity, Tax Injunction Act, and the Class-of-One Equal Protection Doctrine

Date: Apr 23, 2025
Pan v. City of Niagara Falls: Federal Limits on §1983 Claims – Sovereign Immunity, Tax Injunction Act, and the Class-of-One Equal Protection Doctrine Introduction Pan v. City of Niagara Falls,...
Pattern-Based Evidence and Sentencing Discretion in Armed Spree Robbery: United States v. Hampton

Pattern-Based Evidence and Sentencing Discretion in Armed Spree Robbery: United States v. Hampton

Date: Apr 22, 2025
Pattern-Based Evidence and Sentencing Discretion in Armed Spree Robbery: United States v. Hampton Introduction United States v. Hampton (2d Cir. Apr. 21, 2025) concerns the appeal of Justin Hampton,...
Permissible Ex Parte Consultations with Probation Officers in Sentencing: United States v. Fletcher

Permissible Ex Parte Consultations with Probation Officers in Sentencing: United States v. Fletcher

Date: Apr 22, 2025
Permissible Ex Parte Consultations with Probation Officers in Sentencing: United States v. Fletcher 1. Introduction United States v. Fletcher, 23-6693 (2d Cir. Apr. 21, 2025) addresses two core...
Enforceability of Appeal Waivers in Plea Agreements: Scope and Limited Exceptions under Second Circuit Jurisprudence

Enforceability of Appeal Waivers in Plea Agreements: Scope and Limited Exceptions under Second Circuit Jurisprudence

Date: Apr 22, 2025
Enforceability of Appeal Waivers in Plea Agreements: Scope and Limited Exceptions under Second Circuit Jurisprudence Introduction United States v. Graham, No. 24-292 (2d Cir. Apr. 21, 2025) addresses...
Reaffirming Substantial Evidence Deference and Temporal Limits on Medical Records in SSA Disability Appeals

Reaffirming Substantial Evidence Deference and Temporal Limits on Medical Records in SSA Disability Appeals

Date: Apr 22, 2025
Reaffirming Substantial Evidence Deference and Temporal Limits on Medical Records in SSA Disability Appeals Introduction In Simpson v. Commissioner of Social Security, the U.S. Court of Appeals for...
Affirmation of ALJ’s Substantial Evidence Finding in Social Security Disability Claims

Affirmation of ALJ’s Substantial Evidence Finding in Social Security Disability Claims

Date: Apr 22, 2025
Affirmation of ALJ’s Substantial Evidence Finding in Social Security Disability Claims Introduction The case Simpson v. Commissioner of Social Security involved plaintiff‐appellant Robert J....
No Requirement to Consider Co-Defendant Sentencing Disparities: Clarifying §3553(a)(6) in United States v. Villalobos

No Requirement to Consider Co-Defendant Sentencing Disparities: Clarifying §3553(a)(6) in United States v. Villalobos

Date: Apr 22, 2025
No Requirement to Consider Co-Defendant Sentencing Disparities: Clarifying §3553(a)(6) in United States v. Villalobos Introduction The Second Circuit’s summary order in United States v. Villalobos...
Requirement of Degree-of-Success Adjustment in Lodestar Calculations for § 1988 Fee Awards

Requirement of Degree-of-Success Adjustment in Lodestar Calculations for § 1988 Fee Awards

Date: Apr 18, 2025
Requirement of Degree-of-Success Adjustment in Lodestar Calculations for § 1988 Fee Awards Introduction Toyota Lease Trust v. Village of Freeport, No. 24-488-cv (2d Cir. Apr. 17, 2025) arose from the...
Clarification of Rule 23(g): Adequacy of Class Counsel and Limits on Preclusion Based on Counsel’s Conduct

Clarification of Rule 23(g): Adequacy of Class Counsel and Limits on Preclusion Based on Counsel’s Conduct

Date: Apr 18, 2025
Clarification of Rule 23(g): Adequacy of Class Counsel and Limits on Preclusion Based on Counsel’s Conduct Introduction Robertson v. Trinity Packaging Corp. was decided on April 17, 2025 by the...
Clarifying Government’s Disclosure Obligations and Supervised Release Cost Conditions in Plea Agreements: United States v. London

Clarifying Government’s Disclosure Obligations and Supervised Release Cost Conditions in Plea Agreements: United States v. London

Date: Apr 17, 2025
Clarifying Government’s Disclosure Obligations and Supervised Release Cost Conditions in Plea Agreements: United States v. London Introduction United States v. London, 24-817-cr (2d Cir. Apr. 16,...
Clarifying Mitigating Role Reductions and Substantive Reasonableness in Drug Sentencing: United States v. Colorado-Castillo

Clarifying Mitigating Role Reductions and Substantive Reasonableness in Drug Sentencing: United States v. Colorado-Castillo

Date: Apr 17, 2025
Clarifying Mitigating Role Reductions and Substantive Reasonableness in Drug Sentencing: United States v. Colorado-Castillo Introduction This commentary examines the Second Circuit’s summary order in...
Scope of Arbitration Clauses in Excess Insurance Policies: Insurer-Policyholder Limitation

Scope of Arbitration Clauses in Excess Insurance Policies: Insurer-Policyholder Limitation

Date: Apr 16, 2025
Scope of Arbitration Clauses in Excess Insurance Policies: Insurer-Policyholder Limitation Introduction In the summary order issued on April 15, 2025, the United States Court of Appeals for the...
Certification of State Law Questions in IDEA Class-Size Disputes: Cruz v. Banks

Certification of State Law Questions in IDEA Class-Size Disputes: Cruz v. Banks

Date: Apr 16, 2025
Certification of State Law Questions in IDEA Class-Size Disputes: Cruz v. Banks Introduction Cruz v. Banks is a 2025 decision of the Second Circuit that arises under the Individuals with Disabilities...
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