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  • Commentaries
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2d Circuit Case Commentaries

Losada-Velin v. Bondi: Reinforcing the Nexus Requirement in Asylum Claims

Losada-Velin v. Bondi: Reinforcing the Nexus Requirement in Asylum Claims

Date: Apr 16, 2025
Losada-Velin v. Bondi: Reinforcing the Nexus Requirement in Asylum Claims Introduction Losada-Velin v. Bondi is a summary order issued by the United States Court of Appeals for the Second Circuit on...
Menu of Options or Cumulative Mandates? Interpreting New York’s IDEA Class-Size Regulations in Cruz v. Banks

Menu of Options or Cumulative Mandates? Interpreting New York’s IDEA Class-Size Regulations in Cruz v. Banks

Date: Apr 16, 2025
Menu of Options or Cumulative Mandates? Interpreting New York’s IDEA Class-Size Regulations in Cruz v. Banks Introduction Cruz v. Banks is a 2025 decision by the United States Court of Appeals for...
Reaffirming the One-Central-Reason Nexus: Losada-Velin v. Bondi

Reaffirming the One-Central-Reason Nexus: Losada-Velin v. Bondi

Date: Apr 16, 2025
Reaffirming the One-Central-Reason Nexus in Asylum Claims: Losada-Velin v. Bondi Introduction In Losada-Velin v. Bondi, Nos. 23-6269 (2d Cir. Apr. 15, 2025), the Second Circuit reviewed a Board of...
Reaffirmation of the Rebuttable Presumption of Receipt in §1983 Claim Accrual: The Mailbox Rule Upheld in Katergaris v. City of New York

Reaffirmation of the Rebuttable Presumption of Receipt in §1983 Claim Accrual: The Mailbox Rule Upheld in Katergaris v. City of New York

Date: Apr 16, 2025
Reaffirmation of the Rebuttable Presumption of Receipt in §1983 Claim Accrual: The Mailbox Rule Upheld in Katergaris v. City of New York Introduction In Katergaris v. City of New York (2d Cir. Apr....
Limitation of Arbitration Clauses to Policyholder–Insurer Disputes in Insurance Contracts

Limitation of Arbitration Clauses to Policyholder–Insurer Disputes in Insurance Contracts

Date: Apr 16, 2025
Limitation of Arbitration Clauses to Policyholder–Insurer Disputes in Insurance Contracts Introduction In the summary order In Re: Orion HealthCorp, Inc., decided on April 15, 2025, the United States...
Affirmation of Mailbox Rule Presumption and Rebuttal Standard in §1983 Due Process Claims

Affirmation of Mailbox Rule Presumption and Rebuttal Standard in §1983 Due Process Claims

Date: Apr 16, 2025
Affirmation of Mailbox Rule Presumption and Rebuttal Standard in §1983 Due Process Claims Introduction Katergaris v. City of New York, No. 24-1889-cv (2d Cir. Apr. 15, 2025), presents a dispute over...
Limited Duty to Redisclose Brady Material Following Pro Se Election: United States v. Kauapirura

Limited Duty to Redisclose Brady Material Following Pro Se Election: United States v. Kauapirura

Date: Apr 15, 2025
Limited Duty to Redisclose Brady Material Following Pro Se Election: United States v. Kauapirura Introduction United States v. Kauapirura, No. 24-567-cr (2d Cir. Apr. 14, 2025), presents an appeal...
Goldman v. Trinity School of Medicine: Clarifying Purposeful Availment for Non-Domiciliary Institutions under CPLR 302(a)(1)

Goldman v. Trinity School of Medicine: Clarifying Purposeful Availment for Non-Domiciliary Institutions under CPLR 302(a)(1)

Date: Apr 15, 2025
Goldman v. Trinity School of Medicine: Clarifying Purposeful Availment for Non-Domiciliary Institutions under CPLR 302(a)(1) 1. Introduction Goldman v. Trinity School of Medicine (2d Cir. Apr. 14,...
Affirmation of Reasonable-Suspicion Electronic Search Conditions on Supervised Release

Affirmation of Reasonable-Suspicion Electronic Search Conditions on Supervised Release

Date: Apr 15, 2025
Affirmation of Reasonable-Suspicion Electronic Search Conditions on Supervised Release Introduction The Second Circuit’s decision in United States v. Robinson, No. 23-8022-cr (2d Cir. Apr. 14, 2025),...
Clarifying the Role of OIG Advisory Opinions in Pleading FCA and AKS Claims

Clarifying the Role of OIG Advisory Opinions in Pleading FCA and AKS Claims

Date: Apr 15, 2025
Clarifying the Role of OIG Advisory Opinions in Pleading False Claims Act and Anti-Kickback Statute Claims Introduction In U.S. ex rel. D.O. Stephen Sisselman v. Zocdoc, Inc., the Second Circuit...
Clarifying Purposeful Availment and Nexus Requirements under CPLR §302(a)(1): Goldman v. Trinity School of Medicine

Clarifying Purposeful Availment and Nexus Requirements under CPLR §302(a)(1): Goldman v. Trinity School of Medicine

Date: Apr 15, 2025
Clarifying Purposeful Availment and Nexus Requirements under CPLR §302(a)(1): Goldman v. Trinity School of Medicine Introduction Goldman v. Trinity School of Medicine, decided April 14, 2025 by the...
United States v. Kauapirura: Government’s Brady Obligations for Pro Se Defendants and Judicial Recusal Standards

United States v. Kauapirura: Government’s Brady Obligations for Pro Se Defendants and Judicial Recusal Standards

Date: Apr 15, 2025
United States v. Kauapirura: Government’s Brady Obligations for Pro Se Defendants and Judicial Recusal Standards Introduction In United States v. Kauapirura, the Second Circuit addressed two key...
Enhanced Pleading and Scienter Standards for FCA Anti-Kickback Claims with OIG Advisory Opinions

Enhanced Pleading and Scienter Standards for FCA Anti-Kickback Claims with OIG Advisory Opinions

Date: Apr 15, 2025
Enhanced Pleading and Scienter Standards for FCA Anti-Kickback Claims with OIG Advisory Opinions Introduction United States ex rel. D.O. Stephen Sisselman v. Zocdoc, Inc. is a Second Circuit summary...
Establishing Personal Jurisdiction Over Foreign Institutions: Goldman v. Trinity School of Medicine

Establishing Personal Jurisdiction Over Foreign Institutions: Goldman v. Trinity School of Medicine

Date: Apr 15, 2025
Establishing Personal Jurisdiction Over Foreign Institutions: Goldman v. Trinity School of Medicine Introduction Goldman v. Trinity School of Medicine arose when Jack Goldman, a New York citizen and...
U.S. v. Robinson: Validity of Implicitly Pronounced, Reasonable-Suspicion Electronic Search Conditions on Supervised Release

U.S. v. Robinson: Validity of Implicitly Pronounced, Reasonable-Suspicion Electronic Search Conditions on Supervised Release

Date: Apr 15, 2025
U.S. v. Robinson: Validity of Implicitly Pronounced, Reasonable-Suspicion Electronic Search Conditions on Supervised Release 1. Introduction In United States v. Robinson, the Second Circuit addressed...
Permissibility of Electronic Search Conditions in Supervised Release via PSR: United States v. Robinson

Permissibility of Electronic Search Conditions in Supervised Release via PSR: United States v. Robinson

Date: Apr 15, 2025
Permissibility of Electronic Search Conditions in Supervised Release via PSR: United States v. Robinson Introduction The Second Circuit’s decision in United States v. Robinson, 23-8022-cr (2d Cir....
Second Circuit Clarifies Brady Redisclosure and Recusal Standards in Pro Se Tax Crimes

Second Circuit Clarifies Brady Redisclosure and Recusal Standards in Pro Se Tax Crimes

Date: Apr 15, 2025
Second Circuit Clarifies Brady Redisclosure and Recusal Standards in Pro Se Tax Crimes 1. Introduction In United States v. Kauapirura (2d Cir. Apr. 14, 2025), the Second Circuit addressed several...
OIG Advisory Opinions as a Shield: FCA and AKS Claims Require Misrepresentation Beyond Regulatory Approval

OIG Advisory Opinions as a Shield: FCA and AKS Claims Require Misrepresentation Beyond Regulatory Approval

Date: Apr 15, 2025
OIG Advisory Opinions as a Shield: FCA and AKS Claims Require Misrepresentation Beyond Regulatory Approval Introduction In U.S. ex rel. D.O. Stephen Sisselman v. Zocdoc, Inc., the United States Court...
Reliance on OIG Advisory Opinions as a Bar to FCA and AKS Claims

Reliance on OIG Advisory Opinions as a Bar to FCA and AKS Claims

Date: Apr 15, 2025
Reliance on OIG Advisory Opinions as a Bar to FCA and AKS Claims Introduction In U.S. ex rel. D.O. Stephen Sisselman v. Zocdoc, Inc., the Second Circuit addressed whether a relator’s qui tam...
Affirming the Limits of New York’s Long-Arm Jurisdiction in Cross-Border Educational Services

Affirming the Limits of New York’s Long-Arm Jurisdiction in Cross-Border Educational Services

Date: Apr 15, 2025
Affirming the Limits of New York’s Long-Arm Jurisdiction in Cross-Border Educational Services Introduction Goldman v. Trinity School of Medicine is a 2025 decision by the United States Court of...
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