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  • Commentaries
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2d Circuit Case Commentaries

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...
Ripening of Appeal and Pleading Standards under ADA, NYCRL §50, and Defamation in Pro Se Actions

Ripening of Appeal and Pleading Standards under ADA, NYCRL §50, and Defamation in Pro Se Actions

Date: Apr 11, 2025
Ripening of Appeal and Pleading Standards under ADA, NYCRL §50, and Defamation in Pro Se Actions Introduction In Lewis v. R.L. Vallee, Inc., No. 24-1438 (2d Cir. Apr. 10, 2025), the United States...
Strangulation Offenses Constitute Particularly Serious Crimes Under INA § 1231(b)(3)(B)(ii): Jimenez v. Bondi

Strangulation Offenses Constitute Particularly Serious Crimes Under INA § 1231(b)(3)(B)(ii): Jimenez v. Bondi

Date: Apr 11, 2025
Strangulation Offenses Constitute Particularly Serious Crimes Under INA § 1231(b)(3)(B)(ii) Introduction The Second Circuit’s summary order in Jimenez v. Bondi (2025) addresses the scope of...
Pro Se Pleading Standards Under §1915(e)(2): Finality of Dismissals and the Threshold for ADA, NYCRL §50, and Defamation Claims

Pro Se Pleading Standards Under §1915(e)(2): Finality of Dismissals and the Threshold for ADA, NYCRL §50, and Defamation Claims

Date: Apr 11, 2025
Pro Se Pleading Standards Under §1915(e)(2): Finality of Dismissals and the Threshold for ADA, NYCRL §50, and Defamation Claims Introduction Lewis v. R.L. Vallee, Inc. (2d Cir. Apr. 10, 2025) arises...
Consensual Entry and Probable Cause: Delineating Fourth Amendment Boundaries in Warrantless Home Arrests

Consensual Entry and Probable Cause: Delineating Fourth Amendment Boundaries in Warrantless Home Arrests

Date: Apr 11, 2025
Consensual Entry and Probable Cause: Delineating Fourth Amendment Boundaries in Warrantless Home Arrests Introduction Glover v. Onondaga County Sheriff's Department (2nd Cir. Apr. 10, 2025) addresses...
Establishing the Particularly Serious Crime Bar in Withholding of Removal and CAT Deferral: Jimenez v. Bondi

Establishing the Particularly Serious Crime Bar in Withholding of Removal and CAT Deferral: Jimenez v. Bondi

Date: Apr 11, 2025
Establishing the Particularly Serious Crime Bar in Withholding of Removal and CAT Deferral: Jimenez v. Bondi Introduction The case of Jimenez v. Bondi was decided by the United States Court of...
Pleading Standards in IFP Pro Se ADA, NYCRL §50, and Defamation Claims: Lewis v. R.L. Vallee

Pleading Standards in IFP Pro Se ADA, NYCRL §50, and Defamation Claims: Lewis v. R.L. Vallee

Date: Apr 11, 2025
Pleading Standards in IFP Pro Se ADA, NYCRL §50, and Defamation Claims: Lewis v. R.L. Vallee Introduction Lewis v. R.L. Vallee, Inc. is a summary order issued by the United States Court of Appeals...
Spring v. Allegany-Limestone: Proportionality in ADA Attorney’s Fees and Disability Determinations

Spring v. Allegany-Limestone: Proportionality in ADA Attorney’s Fees and Disability Determinations

Date: Apr 11, 2025
Spring v. Allegany-Limestone Central School District: Proportionality in ADA Attorney’s Fees and Disability Determinations I. Introduction Spring v. Allegany-Limestone Central School District is a...
Lewis v. R.L. Vallee, Inc.: Ripening of Sua Sponte Dismissals Under § 1915(e)(2) and Pleading Standards for ADA, NYCRL § 50, and Defamation Claims

Lewis v. R.L. Vallee, Inc.: Ripening of Sua Sponte Dismissals Under § 1915(e)(2) and Pleading Standards for ADA, NYCRL § 50, and Defamation Claims

Date: Apr 11, 2025
Lewis v. R.L. Vallee, Inc.: Ripening of Sua Sponte Dismissals Under § 1915(e)(2) and Pleading Standards for ADA, NYCRL § 50, and Defamation Claims Introduction In the summary order of Lewis v. R.L....
Clarifying Limits of Supplemental Jurisdiction for Intervenors under 28 U.S.C. § 1367(a)

Clarifying Limits of Supplemental Jurisdiction for Intervenors under 28 U.S.C. § 1367(a)

Date: Apr 11, 2025
Clarifying Limits of Supplemental Jurisdiction for Intervenors under 28 U.S.C. § 1367(a) Introduction The Second Circuit’s decision in Hamilton Reserve Bank Ltd. v. Democratic Socialist Republic of...
Defining Supplemental Jurisdiction for Intervention Claims under 28 U.S.C. § 1367(a): The “Common Nucleus of Operative Fact” Standard

Defining Supplemental Jurisdiction for Intervention Claims under 28 U.S.C. § 1367(a): The “Common Nucleus of Operative Fact” Standard

Date: Apr 11, 2025
Defining Supplemental Jurisdiction for Intervention Claims under 28 U.S.C. § 1367(a): The “Common Nucleus of Operative Fact” Standard Introduction In Hamilton Reserve Bank Ltd. v. Democratic...
Section 1367(a) Governs Supplemental Jurisdiction Over Intervention Claims: Affirming the “Common Nucleus of Operative Fact” Standard

Section 1367(a) Governs Supplemental Jurisdiction Over Intervention Claims: Affirming the “Common Nucleus of Operative Fact” Standard

Date: Apr 11, 2025
Section 1367(a) Governs Supplemental Jurisdiction Over Intervention Claims: Affirming the “Common Nucleus of Operative Fact” Standard Introduction This appeal arises from the denial of a motion to...
Definitive Adverse Position as Accrual Trigger for § 1983 Land-Use Claims

Definitive Adverse Position as Accrual Trigger for § 1983 Land-Use Claims

Date: Apr 11, 2025
Definitive Adverse Position as Accrual Trigger for § 1983 Land-Use Claims Introduction This commentary examines the Second Circuit’s April 10, 2025 summary order in Potter v. Incorporated Village of...
Clarifying the “Particularly Serious Crime” Standard and CAT Deferral in Withholding of Removal Proceedings

Clarifying the “Particularly Serious Crime” Standard and CAT Deferral in Withholding of Removal Proceedings

Date: Apr 11, 2025
Clarifying the “Particularly Serious Crime” Standard and CAT Deferral in Withholding of Removal Proceedings Introduction Jimenez v. Bondi (2d Cir. Apr. 10, 2025) involves Dayvid De Oliveira Jimenez,...
Awareness of Discrete Agency Actions as Accrual Trigger for §1983 Due Process Claims in Land-Use Disputes

Awareness of Discrete Agency Actions as Accrual Trigger for §1983 Due Process Claims in Land-Use Disputes

Date: Apr 11, 2025
Awareness of Discrete Agency Actions as Accrual Trigger for §1983 Due Process Claims in Land-Use Disputes Introduction Potter v. Incorporated Village of Ocean Beach is an appeal from the United...
Potter v. Village of Ocean Beach: Accrual and Limitations in § 1983 Land-Use Claims

Potter v. Village of Ocean Beach: Accrual and Limitations in § 1983 Land-Use Claims

Date: Apr 11, 2025
Potter v. Incorporated Village of Ocean Beach: Accrual and Limitations in § 1983 Land-Use Claims Introduction In Potter v. Incorporated Village of Ocean Beach, 24-2033-cv (2d Cir. Apr. 10, 2025), the...
Rule on De Facto Finality and Accrual of §1983 Procedural and Substantive Due Process Claims in Land-Use Disputes

Rule on De Facto Finality and Accrual of §1983 Procedural and Substantive Due Process Claims in Land-Use Disputes

Date: Apr 11, 2025
Rule on De Facto Finality and Accrual of §1983 Procedural and Substantive Due Process Claims in Land-Use Disputes Introduction Potter v. Incorporated Village of Ocean Beach (2d Cir. Apr. 10, 2025) is...
Proportionality in ADA Fee Awards and Recognition of Communication Disabilities Under Title II

Proportionality in ADA Fee Awards and Recognition of Communication Disabilities Under Title II

Date: Apr 11, 2025
Proportionality in ADA Fee Awards and Recognition of Communication Disabilities Under Title II Introduction Spring v. Allegany-Limestone Central School District is a 2025 decision of the United...
“Common Nucleus of Operative Fact” Governs Supplemental Jurisdiction over Intervention Claims

“Common Nucleus of Operative Fact” Governs Supplemental Jurisdiction over Intervention Claims

Date: Apr 11, 2025
“Common Nucleus of Operative Fact” Governs Supplemental Jurisdiction over Intervention Claims Introduction In Hamilton Reserve Bank Ltd. v. Democratic Socialist Republic of Sri Lanka, No. 24-1459-cv...
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