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  • Commentaries
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2d Circuit Case Commentaries

Clarifying Brady Redisclosure Duties and Recusal Standards in Pro Se Criminal Appeals

Clarifying Brady Redisclosure Duties and Recusal Standards in Pro Se Criminal Appeals

Date: Apr 15, 2025
Clarifying Brady Redisclosure Duties and Recusal Standards in Pro Se Criminal Appeals Introduction This commentary examines the Second Circuit’s summary order in United States v. Kauapirura (No....
Ensuring Notice and Unanimity in “Death Results” Conspiracy Counts: United States v. Kandic

Ensuring Notice and Unanimity in “Death Results” Conspiracy Counts: United States v. Kandic

Date: Apr 12, 2025
Ensuring Notice and Unanimity in “Death Results” Conspiracy Counts: United States v. Kandic Introduction The Court of Appeals for the Second Circuit’s decision in United States v. Kandic, 23-7146-cr...
Restricting Interlocutory Appeals under 28 U.S.C. § 1292(b) in Insurance Coverage Litigation

Restricting Interlocutory Appeals under 28 U.S.C. § 1292(b) in Insurance Coverage Litigation

Date: Apr 12, 2025
Restricting Interlocutory Appeals under 28 U.S.C. § 1292(b) in Insurance Coverage Litigation Introduction In Federal Insurance Company v. American Precision Industries, Inc., the Second Circuit...
Rule 803(6) and 902(11) Endorse Electronic Business Records as Self-Authenticating: United States v. Conde

Rule 803(6) and 902(11) Endorse Electronic Business Records as Self-Authenticating: United States v. Conde

Date: Apr 12, 2025
Rule 803(6) and 902(11) Endorse Electronic Business Records as Self-Authenticating: United States v. Conde Introduction United States v. Conde (2nd Cir. Apr. 11, 2025) is a pivotal Second Circuit...
Self-Authenticating Electronic Business Records under Fed. R. Evid. 803(6) & 902(11): United States v. Conde

Self-Authenticating Electronic Business Records under Fed. R. Evid. 803(6) & 902(11): United States v. Conde

Date: Apr 12, 2025
Self-Authenticating Electronic Business Records under Fed. R. Evid. 803(6) & 902(11): United States v. Conde Introduction United States v. Conde, 22-250 (2d Cir. Apr. 11, 2025), involves the...
Strict Limitation on Interlocutory Appeals under 28 U.S.C. § 1292(b)

Strict Limitation on Interlocutory Appeals under 28 U.S.C. § 1292(b)

Date: Apr 12, 2025
Strict Limitation on Interlocutory Appeals under 28 U.S.C. § 1292(b) Introduction Fed. Ins. Co. v. American Precision Industries, Inc., 2d Cir. No. 24-842‐cv (Apr. 11, 2025), presents a dispute...
Strict Limitation on Interlocutory Appeals Under 28 U.S.C. § 1292(b): Denial of Certification in Fed. Ins. Co. v. Am. Precision Indus., Inc.

Strict Limitation on Interlocutory Appeals Under 28 U.S.C. § 1292(b): Denial of Certification in Fed. Ins. Co. v. Am. Precision Indus., Inc.

Date: Apr 12, 2025
Strict Limitation on Interlocutory Appeals Under 28 U.S.C. § 1292(b): Denial of Certification in Fed. Ins. Co. v. Am. Precision Indus., Inc. Introduction In Fed. Ins. Co. v. American Precision...
United States v. White: Clarifying “Actual Loss” under U.S.S.G. §2B1.1 and Factual Basis for Aggravated Identity Theft

United States v. White: Clarifying “Actual Loss” under U.S.S.G. §2B1.1 and Factual Basis for Aggravated Identity Theft

Date: Apr 12, 2025
United States v. White: Clarifying “Actual Loss” under U.S.S.G. §2B1.1 and Factual Basis for Aggravated Identity Theft Introduction This case arises on appeal from the Southern District of New York...
Electronic Data Compilations as Business Records: Expanding Fed. R. Evid. 803(6) and 902(11) in United States v. Conde

Electronic Data Compilations as Business Records: Expanding Fed. R. Evid. 803(6) and 902(11) in United States v. Conde

Date: Apr 12, 2025
Electronic Data Compilations as Business Records: Expanding Fed. R. Evid. 803(6) and 902(11) in United States v. Conde Introduction United States v. Conde, 22-250 (2d Cir. Apr. 11, 2025), addressed...
Strict Limitation on Interlocutory Appeals under 28 U.S.C. § 1292(b): Federal Insurance Co. v. American Precision Industries, Inc.

Strict Limitation on Interlocutory Appeals under 28 U.S.C. § 1292(b): Federal Insurance Co. v. American Precision Industries, Inc.

Date: Apr 12, 2025
Strict Limitation on Interlocutory Appeals under 28 U.S.C. § 1292(b): Federal Insurance Co. v. American Precision Industries, Inc. Introduction In Federal Insurance Company v. American Precision...
Clarifying “Actual Loss” in Procurement Fraud and Factual-Basis Standards for Aggravated Identity Theft Pleas

Clarifying “Actual Loss” in Procurement Fraud and Factual-Basis Standards for Aggravated Identity Theft Pleas

Date: Apr 12, 2025
Clarifying “Actual Loss” in Procurement Fraud and Factual-Basis Standards for Aggravated Identity Theft Pleas Introduction This appeal arises from the United States Court of Appeals for the Second...
Reaffirmation of Strict Limitation on Interlocutory Appeals under 28 U.S.C. § 1292(b)

Reaffirmation of Strict Limitation on Interlocutory Appeals under 28 U.S.C. § 1292(b)

Date: Apr 12, 2025
Reaffirmation of Strict Limitation on Interlocutory Appeals under 28 U.S.C. § 1292(b) Introduction In Federal Insurance Company et al. v. American Precision Industries, Inc., 24-842-cv (L) (2d Cir....
Clarifying Loss Calculations and Plea Foundations in Procurement Fraud and Aggravated Identity Theft: United States v. White

Clarifying Loss Calculations and Plea Foundations in Procurement Fraud and Aggravated Identity Theft: United States v. White

Date: Apr 12, 2025
Clarifying Loss Calculations and Plea Foundations in Procurement Fraud and Aggravated Identity Theft: United States v. White Introduction The Second Circuit’s summary order in United States v. White...
United States v. White: Foreseeable Procurement Loss and “At the Crux” Test in Aggravated Identity Theft

United States v. White: Foreseeable Procurement Loss and “At the Crux” Test in Aggravated Identity Theft

Date: Apr 12, 2025
United States v. White: Foreseeable Procurement Loss and “At the Crux” Test in Aggravated Identity Theft Introduction United States v. White is a Second Circuit summary order affirming the conviction...
Clarifying Foreseeable Loss in Fraud Sentencing and Factual‐Basis Standards for Aggravated Identity Theft Pleas

Clarifying Foreseeable Loss in Fraud Sentencing and Factual‐Basis Standards for Aggravated Identity Theft Pleas

Date: Apr 12, 2025
Clarifying Foreseeable Loss in Fraud Sentencing and Factual-Basis Standards for Aggravated Identity Theft Pleas Introduction United States v. White, 24-66 (2d Cir. Apr. 11, 2025), presented the...
United States v. Kandic: Validation of Broad Conspiracy Counts with “Death Results” Element

United States v. Kandic: Validation of Broad Conspiracy Counts with “Death Results” Element

Date: Apr 12, 2025
United States v. Kandic: Validation of Broad Conspiracy Counts with “Death Results” Element Introduction United States v. Kandic, 23-7146-cr (2d Cir. April 11, 2025) is a significant Second Circuit...
Notice and Unanimity Safeguards in “Death Results” Terrorism Conspiracy Counts: United States v. Kandic

Notice and Unanimity Safeguards in “Death Results” Terrorism Conspiracy Counts: United States v. Kandic

Date: Apr 12, 2025
Notice and Unanimity Safeguards in “Death Results” Terrorism Conspiracy Counts: United States v. Kandic Introduction United States v. Kandic, decided April 11, 2025 by the Second Circuit (No....
Clarifying “Death Results” in Material Support Conspiracy: Notice, Unanimity, and Duplicity Safeguards

Clarifying “Death Results” in Material Support Conspiracy: Notice, Unanimity, and Duplicity Safeguards

Date: Apr 12, 2025
Clarifying “Death Results” in Material Support Conspiracy: Notice, Unanimity, and Duplicity Safeguards Introduction The Second Circuit’s decision in United States v. Kandic (23-7146-cr), decided...
Clarifying Loss Calculation and “At the Crux” in Aggravated Identity Theft: United States v. White

Clarifying Loss Calculation and “At the Crux” in Aggravated Identity Theft: United States v. White

Date: Apr 12, 2025
Clarifying Loss Calculation and “At the Crux” in Aggravated Identity Theft: United States v. White Introduction United States v. White, decided April 11, 2025 by the Second Circuit (24-66), involves...
United States v. White: Defining Reasonably Foreseeable Loss and the “At the Crux” Test in Aggravated Identity Theft Pleas

United States v. White: Defining Reasonably Foreseeable Loss and the “At the Crux” Test in Aggravated Identity Theft Pleas

Date: Apr 12, 2025
United States v. White: Defining Reasonably Foreseeable Loss and the “At the Crux” Test in Aggravated Identity Theft Pleas 1. Introduction United States v. White, decided April 11, 2025 by the Second...
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