2d Circuit Case Commentaries

Poor v. Parking Systems Plus, Inc.: Winter, McKinney, and the “Perfectly Clear” Successor in § 10(j) Practice

Date: Dec 20, 2025

Poor v. Parking Systems Plus, Inc.: The Second Circuit’s First Full Winter–McKinney § 10(j) Decision and a Strong Reaffirmation of Successor Employer Obligations I. Introduction Poor v. Parking...

United States v. Boone: Applying § 2G2.2 with “Great Care” and a Flexible Paroline Restitution Analysis in a Non‑Precedential Summary Order

Date: Dec 20, 2025

United States v. Boone: Applying § 2G2.2 with “Great Care” and a Flexible Paroline Restitution Analysis in a Non‑Precedential Summary Order I. Introduction In United States v. Boone, Nos. 25‑272‑cr...

Matthews v. Rasa: Pleading Standards for Pro Se Title VII and ADEA Claims in the Second Circuit

Date: Dec 20, 2025

Matthews v. Rasa: Pleading Standards for Pro Se Title VII and ADEA Claims in the Second Circuit I. Introduction Matthews v. Rasa, No. 24-2499-cv (2d Cir. Dec. 19, 2025) (summary order), is a...

Strict Enforcement of Issue Preservation and Counsel Competence in Immigration Appeals: Commentary on Salazar‑Gutierrez v. Bondi (2d Cir. Dec. 19, 2025)

Date: Dec 20, 2025

Strict Enforcement of Issue Preservation and Counsel Competence in Immigration Appeals: Commentary on Salazar‑Gutierrez v. Bondi (2d Cir. Dec. 19, 2025) I. Introduction This commentary analyzes the...

Material Omissions, Authorship Inconsistencies, and “Canned” Corroboration: The Second Circuit’s Application of Adverse Credibility Principles in Padilla‑Guaman v. Bondi

Date: Dec 20, 2025

Material Omissions, Authorship Inconsistencies, and “Canned” Corroboration: The Second Circuit’s Application of Adverse Credibility Principles in Padilla‑Guaman v. Bondi I. Introduction This...

Veksler v. Wipro, LLC: Reaffirming the “Conscious Objective” Intent Standard Under ECPA, SCA, and CFAA

Date: Dec 20, 2025

Veksler v. Wipro, LLC: Reaffirming the “Conscious Objective” Intent Standard Under ECPA, SCA, and CFAA Court: United States Court of Appeals for the Second Circuit (Summary Order) Docket: No. 25-369...

United States v. Brazoban: Silence at Sentencing Is Not Waiver and Typographical Corrections to Supervised-Release Conditions Are Permissible Clarifications

Date: Dec 20, 2025

United States v. Brazoban: Silence at Sentencing Is Not Waiver and Typographical Corrections to Supervised-Release Conditions Are Permissible Clarifications Court: United States Court of Appeals for...

Younger Abstention and Probation Violation Appeals: Commentary on Torres v. Office of Adult Probation (2d Cir. 2025)

Date: Dec 20, 2025

Younger Abstention and Probation Violation Appeals: Commentary on Torres v. Office of Adult Probation (2d Cir. 2025) I. Introduction This commentary analyzes the Second Circuit’s summary order in...

Residual Hearsay, Mistrial Standards, and Completed Hobbs Act Robbery as a § 924(j) Predicate: Commentary on United States v. Kidd (2d Cir. 2025)

Date: Dec 20, 2025

Residual Hearsay, Mistrial Standards, and Completed Hobbs Act Robbery as a § 924(j) Predicate: A Commentary on United States v. Kidd (2d Cir. 2025) I. Introduction This commentary analyzes the Second...

United States v. Snipe and the Oral Pronouncement of Supervised Release Conditions After Maiorana

Date: Dec 20, 2025

United States v. Snipe and the Oral Pronouncement of Supervised Release Conditions After Maiorana I. Introduction The Second Circuit’s summary order in United States v. Snipe, No. 24‑2101 (2d Cir....

Prior Sexual Assault Evidence, Constructive Amendment, and Harmless Guideline Error in High-Offense-Level Sentencings: Commentary on United States v. Copeland

Date: Dec 20, 2025

Prior Sexual Assault Evidence, Constructive Amendment, and Harmless Guideline Error in High-Offense-Level Sentencings: Commentary on United States v. Copeland Note: The decision in United States v....

United States v. Davis and the Limits of Attempt Reductions and Consecutive Sentencing under the Hobbs Act

Date: Dec 20, 2025

United States v. Davis and the Limits of Attempt Reductions and Consecutive Sentencing under the Hobbs Act I. Introduction United States v. Davis, No. 24-989 (2d Cir. Dec. 19, 2025) (summary order),...

Smart Study v. Shenzhenshixindajixieyouxiangongsi: The Second Circuit Bars Email Service on Chinese Defendants Under the Hague Service Convention

Date: Dec 20, 2025

Smart Study v. Shenzhenshixindajixieyouxiangongsi: The Second Circuit Bars Email Service on Chinese Defendants Under the Hague Service Convention I. Introduction In Smart Study Co., LTD v....

Tigre-Agurto v. Bondi: Reinforcing the Nexus Requirement in Crime-Based Asylum Claims and the Standard for Continuances in Removal Proceedings

Date: Dec 19, 2025

Tigre-Agurto v. Bondi: Reinforcing the Nexus Requirement in Crime-Based Asylum Claims and the Standard for Continuances in Removal Proceedings Court: U.S. Court of Appeals for the Second Circuit...

Due Process, Stigma-Plus, and Age Discrimination in Hospital Privilege Non-Renewals: Commentary on Hanley v. NYC Health & Hospitals Corp.

Date: Dec 19, 2025

Due Process, Stigma-Plus, and Age Discrimination in Hospital Privilege Non-Renewals: Commentary on Hanley v. NYC Health & Hospitals Corp. (2d Cir. 2025) (Summary Order) Note: The decision commented...

When State Subpoena Proceedings Bar Federal First Amendment Suits: Claim‑Preclusion in VDARE Foundation, Inc. v. James (2d Cir. 2025)

Date: Dec 18, 2025

When State Subpoena Proceedings Bar Federal First Amendment Suits: Claim‑Preclusion in VDARE Foundation, Inc. v. James (2d Cir. 2025) I. Introduction The Second Circuit’s decision in VDARE...

United States v. Joyner: Plain-Error Limits on Vagueness Challenges to Gang Non‑Association Conditions of Supervised Release

Date: Dec 18, 2025

United States v. Joyner: Plain-Error Limits on Vagueness Challenges to Gang Non‑Association Conditions of Supervised Release I. Introduction The Second Circuit’s summary order in United States v....

Deference to ALJ Credibility Findings and Rebuttal of the LHWCA § 20(a) Presumption in Psychological-Injury Claims: Commentary on Gabriel v. U.S. Department of Labor

Date: Dec 18, 2025

Deference to ALJ Credibility Findings and Rebuttal of the LHWCA § 20(a) Presumption in Psychological‑Injury Claims: Commentary on Gabriel v. U.S. Department of Labor Table of Contents I. Introduction...

Priced-Out Buyers and Output-Reduction Injury: The Second Circuit Expands Antitrust Standing in DirecTV, LLC v. Nexstar Media Group, Inc.

Date: Dec 18, 2025

Priced-Out Buyers and Output-Reduction Injury: The Second Circuit Expands Antitrust Standing in DirecTV, LLC v. Nexstar Media Group, Inc. 1. Introduction In DirecTV, LLC v. Nexstar Media Group, Inc.,...

Reinstatements Cannot Cure an Invalid Removal Order: A Comprehensive Commentary on United States v. Ramirez Rodriguez

Date: Dec 18, 2025

Reinstatements Cannot Cure an Invalid Removal Order: Commentary on United States v. Ramirez Rodriguez (2d Cir. 2025) I. Introduction The Second Circuit’s decision in United States v. Ramirez...