2d Circuit Case Commentaries

ERISA Standing, Actuarial Non‑Fiduciary Status, and High‑Risk Investment Strategies: Commentary on Carlisle v. Board of Trustees of the NYS Teamsters Fund

Date: Nov 23, 2025

ERISA Standing, Actuarial Non‑Fiduciary Status, and High‑Risk Investment Strategies: Commentary on Carlisle v. Board of Trustees of the New York State Teamsters Conference Pension & Retirement Fund...

Presumptive Validity of Firearms‑Training Requirements After Bruen: The Second Circuit’s Application in Corbett v. Hochul

Date: Nov 23, 2025

Presumptive Validity of Firearms‑Training Requirements After Bruen: The Second Circuit’s Application in Corbett v. Hochul I. Introduction In Corbett v. Hochul, No. 22‑3210‑cv (2d Cir. Nov. 21, 2025)...

Davis v. ODN I GmbH: Express Termination Rights, the Implied Covenant, and Tortious Interference under New York Law

Date: Nov 23, 2025

Davis v. ODN I GmbH: Express Termination Rights, the Implied Covenant, and Tortious Interference under New York Law I. Introduction The Second Circuit’s summary order in Davis v. ODN I GmbH, No....

ADA Retaliation Without Proof of Disability and the Demands of Pretext: Commentary on Philbert v. New York City Department of Education (2d Cir. 2025)

Date: Nov 23, 2025

ADA Retaliation Without Proof of Disability and the Demands of Pretext: Commentary on Philbert v. New York City Department of Education (2d Cir. 2025) Court: United States Court of Appeals for the...

Reaffirming UCC Gap-Filling and Corporate Officer Authority in Exclusive Distribution Agreements: Commentary on Alessi Equipment, Inc. v. American Piledriving Equipment, Inc.

Date: Nov 23, 2025

Reaffirming UCC Gap-Filling and Corporate Officer Authority in Exclusive Distribution Agreements: Commentary on Alessi Equipment, Inc. v. American Piledriving Equipment, Inc. I. Introduction This...

Moore v. Rubin: Punitive Damages and Consent Under the TVPA in Coercive BDSM Encounters

Date: Nov 23, 2025

Moore v. Rubin: Punitive Damages and Consent Under the TVPA in Coercive BDSM Encounters I. Introduction The Second Circuit’s decision in Moore v. Rubin, No. 24‑2018‑cv (2d Cir. Nov. 21, 2025), is a...

Corroboration as an Independent Ground to Deny Asylum: Commentary on Acan‑Gualancanay v. Bondi (2d Cir. 2025)

Date: Nov 22, 2025

Corroboration as an Independent Ground to Deny Asylum: Commentary on Acan‑Gualancanay v. Bondi (2d Cir. 2025) I. Introduction This commentary analyzes the United States Court of Appeals for the...

Pleading COVID‑19 Vaccine Allergies as Disabilities Under the ADA: Commentary on Cecere v. Canisius University

Date: Nov 22, 2025

Pleading COVID‑19 Vaccine Allergies as Disabilities Under the ADA: Commentary on Cecere v. Canisius University (2d Cir. 2025) I. Introduction The Second Circuit’s summary order in Cecere v. Canisius...

Reaffirming Specific Intent and Chain-of-Events Analysis in CAT Claims Involving Mental Illness: Commentary on Kebede v. Bondi

Date: Nov 22, 2025

Reaffirming Specific Intent and Chain-of-Events Analysis in CAT Claims Involving Mental Illness: Commentary on Kebede v. Bondi I. Introduction This commentary examines the Second Circuit’s summary...

Metellus v. Jolly (2d Cir. 2025): Subject‑Matter Jurisdiction, Judicial Immunity, and the Limits of Trademark and Copyright Claims Against State Courts

Date: Nov 22, 2025

Metellus v. Jolly (2d Cir. 2025): Subject‑Matter Jurisdiction, Judicial Immunity, and the Limits of Trademark and Copyright Claims Against State Courts I. Introduction The Second Circuit’s summary...

Speculation Is Not Acquiescence: Suescum‑Mora v. Bondi and the Distinct State‑Action Standard for CAT Protection

Date: Nov 22, 2025

Speculation Is Not Acquiescence: Suescum‑Mora v. Bondi and the Distinct State‑Action Standard for CAT Protection I. Introduction This commentary examines the Second Circuit’s summary order in...

Intrinsic Overdose Evidence, Overdose Causation, and Within-Guidelines Sentencing in Opioid Cases: Commentary on United States v. Wyche (2d Cir. 2025)

Date: Nov 22, 2025

Intrinsic Overdose Evidence, Overdose Causation, and Within-Guidelines Sentencing in Opioid Cases: Commentary on United States v. Wyche (2d Cir. 2025) I. Introduction This commentary examines the...

Abandonment of Dispositive Immigration Claims and the Distinct CAT “Acquiescence” Standard: Commentary on Chacon‑Brito v. Bondi

Date: Nov 20, 2025

Abandonment of Dispositive Immigration Claims and the Distinct CAT “Acquiescence” Standard: Commentary on Chacon‑Brito v. Bondi I. Introduction The Second Circuit’s summary order in Chacon‑Brito v....

Reaffirming Strict EEO Timeliness and Narrow Equitable Tolling for Federal Employees: Commentary on Kucharczyk v. Steiner

Date: Nov 20, 2025

Reaffirming Strict EEO Timeliness and Narrow Equitable Tolling for Federal Employees: Commentary on Kucharczyk v. Steiner I. Introduction The Second Circuit’s summary order in Kucharczyk v. Steiner,...

Corroboration, Clear-Error Review, and Issue Exhaustion in Hardship-Based Cancellation of Removal: Commentary on Tenemaza v. Bondi

Date: Nov 20, 2025

Corroboration, Clear-Error Review, and Issue Exhaustion in Hardship-Based Cancellation of Removal: Commentary on Tenemaza v. Bondi Court: United States Court of Appeals for the Second Circuit Case:...

Fourteenth Amendment Objective Reasonableness in Chaotic Shootouts: Commentary on Tennyson v. Francemone

Date: Nov 20, 2025

Fourteenth Amendment Objective Reasonableness in Chaotic Shootouts: Commentary on Tennyson v. Francemone Court: United States Court of Appeals for the Second Circuit Date: November 19, 2025 Docket...

United States v. Mack: High Bar for Franks Hearings and Flexible “Substantial Compliance” with Ronder in Jury Note Readbacks

Date: Nov 20, 2025

United States v. Mack: High Bar for Franks Hearings and Flexible “Substantial Compliance” with Ronder in Jury Note Readbacks Court: United States Court of Appeals for the Second Circuit Case: United...

Renewal of GPS Warrants, Substitution of Counsel, and Faretta Waivers in the Second Circuit: Commentary on United States v. Melvin Hill (2d Cir. 2025)

Date: Nov 20, 2025

Renewal of GPS Warrants, Substitution of Counsel, and Faretta Waivers in the Second Circuit: Commentary on United States v. Melvin Hill (2d Cir. 2025) Note: This commentary is an academic analysis of...

United States v. Rosado: Reaffirming Standards for Trying a Defendant in Absentia Under Plain-Error Review

Date: Nov 20, 2025

United States v. Rosado: Reaffirming Standards for Trying a Defendant in Absentia Under Plain-Error Review I. Introduction In United States v. Rosado, No. 23‑6563 (2d Cir. Nov. 19, 2025) (summary...

Material Omissions, Credibility, and Jurisdiction in Asylum Proceedings: Commentary on Bakouan v. Bondi

Date: Nov 20, 2025

Material Omissions, Credibility, and Jurisdiction in Asylum Proceedings: Commentary on Bakouan v. Bondi I. Introduction The Second Circuit’s summary order in Bakouan v. Bondi, No. 23‑7100 (2d Cir....