Nonclient Deposits into Attorney Escrow Do Not Create a Fiduciary Duty Absent an Escrow Agreement; Aiding-and-Abetting Fraud Requires Proof of Actual Knowledge Introduction In Groisman v. Jeffrey...
NYCHRL Retaliation Requires an Independent, Broader Protected-Activity and Mixed-Motive Analysis Decision: Goldzweig v. Consol. Edison Co. of N.Y., 25-0089-cv (2d Cir. Jan. 5, 2026) (Summary Order)....
Clarke v. GEICO: New York Civil Rights Law § 70-b Requires Litigation to Be Caused by (and Allegationally About) Protected Medical Care Introduction In Clarke v. GEICO (2d Cir. Jan. 5, 2026) (summary...
Compassionate Release May Be Denied Solely on § 3553(a) Grounds Where the District Court Reaffirms a Reasoned Sentencing Analysis (United States v. Khusanov) Introduction In United States v....
Failure to Report Private Violence Is Not Dispositive of “Unable or Unwilling” Persecution; Agency Must Consider Futility/Danger and, If Past Persecution Is Shown, Apply the “Fundamental Change”...
Failure-to-Accommodate Claims May Fail Where the Student Causes the Interactive-Process Breakdown and Does Not Explain Scheduling Impossibility Case: Bahl v. New York Institute of Technology, Nos....
Younger Abstention Covers Connecticut Probation-Violation Proceedings Through Appeal and Requires Staying § 1983 Damages While Dismissing/Deferring Equitable Relief Introduction In Torres v. Off. of...
Pro Se, Non-Specific Sworn Denials Aimed at Testing the Government’s Proof Do Not Support U.S.S.G. § 3C1.1 Obstruction at Sentencing 1. Introduction Case: United States v. Belmar, No. 24-2041-cr (2d...
RFC Must Address Off-Task Time and Absenteeism When “Moderate” CPP Limitations and VE Thresholds Are in the Record Case: Nunez v. Commissioner of Social Security (2d Cir.) Decided: November 25, 2025...
United States v. Andino: Enforcing Plea-Agreement Waivers of Rule 32.2(b)(4)(B) Forfeiture Pronouncement/Notice Rights When the Substance Is Confirmed at the Plea Colloquy Introduction In United...
Private Sporting-Competition Governance Is Not State Action Absent Compulsion/Nexus/Public Function, and Arbitration Rights May Be Waived by Extensive Federal Litigation 1. Introduction In Gerding v....
Substance Over Corporate Form: The Second Circuit Holds that Employer-Imposed Incorporation Cannot Defeat the FAA § 1 Transportation Worker Exemption I. Introduction In Silva v. Schmidt Baking...
State Custody, Not Admission Status: The Second Circuit’s Control-and-Dependency Test for Substantive Due Process Duties to Voluntarily Committed Residents Commentary on J.M. v. Sessions, No....
Implicit Breaches of Plea Agreements and Improper Reliance on First Step Act Credits: Commentary on United States v. Bland (2d Cir. 2025) I. Introduction The Second Circuit’s summary order in United...
Finality of “Without Prejudice” Dismissals and Limits on § 1983 Suits over Workers’ Compensation Benefits: Commentary on Petre v. American Motorist Insurance Co. Court: U.S. Court of Appeals for the...
Corroboration and Inconsistency in Asylum Credibility Determinations: Patel v. Bondi (2d Cir. 2025) Case: Patel v. Bondi, No. 24-356 (2d Cir. Dec. 22, 2025) (summary order) Court: United States Court...
Qualified Immunity and the Rearrest of Erroneously Released Prisoners Under New York CPL § 380.60: Commentary on Aurecchione v. Falco (2d Cir. 2025 Summary Order) I. Introduction This commentary...
Disciplinary Surcharges on Pretrial Detainees as Potential Fourteenth Amendment “Punishment”: Commentary on Bass v. Swartwood (2d Cir. 2025) I. Introduction This commentary analyzes the Second...
Strict Issue Exhaustion and Deference to Adverse Credibility Determinations in Asylum Cases: Commentary on Kalombo v. Bondi (2d Cir. 2025) I. Introduction The United States Court of Appeals for the...
United States v. Gunn: Consecutive Sentences for Hobbs Act Conspiracy and Attempt Beyond the 20‑Year Maximum I. Introduction The Second Circuit’s decision in United States v. Gunn, No. 24‑2430‑cr (2d...