No “Timing” Exception to PLRA Exhaustion for Religious Observances: Second Circuit Reaffirms Strict Exhaustion and Deference to Credibility Findings Case: Josey v. Bell, No. 24-1747-pr (2d Cir. Nov....
Cole v. Foxmar, Inc.: Proportionality Is Not a Permissible Basis to Reduce Attorney’s Fees Under Vermont’s One‑Sided Fee‑Shifting Statutes Court: U.S. Court of Appeals for the Second Circuit Date:...
Material-Omission Liability Under GBL § 349 for Soft-Close Door Hazards: The Second Circuit’s (Non-Precedential) Affirmance in Boateng v. BMW Introduction In a summary order without precedential...
Anonymous Juries and Gang-Affiliation Evidence Reaffirmed; Limits on Rule 804(b)(3) Clarified in Second Circuit’s Murder-for-Hire Ruling Introduction In a summary order dated November 10, 2025, the...
A.P. v. Dannhauser: Reaffirming Rigorous Monell Pleading, Non‑Suable Status of ACS, and Waiver of Untimely Recusal Challenges Introduction In A.P. v. Dannhauser (No. 25-1030, decided November 7,...
Reaffirming New York’s “Reasonable Time to Remedy” Standard: One Minute of Actual Notice of a Store Spill Is Insufficient, as a Matter of Law, to Establish Breach Introduction In Kissoon v. Wal-Mart...
Second Circuit Reaffirms Judge-Found, Preponderance-Based Criminal Forfeiture and Rejects Excessive Fines Challenge in a Crypto Money-Laundering Case Case: United States v. Mizrahi, No. 24-2507-cr...
No Per Se Prejudice from Lost Appeal; Electronic Service Starts Reopening Clock — Azamov v. Bondi (2d Cir. 2025) Court: United States Court of Appeals for the Second Circuit (Summary Order —...
Speculation Is Not Prejudice: The Second Circuit’s Doubly Deferential Strickland–AEDPA Framework Illustrated in Cortez v. Kopp Note: This decision is a Summary Order of the U.S. Court of Appeals for...
Precision Required in Big Apple Map Prior Written Notice and Bar on Post‑Discovery Expansion of § 50‑e Claim Locations Case: Lieder v. City of New York, No. 24-3071-cv (2d Cir. Nov. 6, 2025) (summary...
Preservation Is Paramount: Second Circuit Affirms Verdict in Tatas v. Ali Baba’s Terrace Inc. on Waiver, Plain Error, and Rule 403 Discretion Introduction In a non-precedential summary order, the...
“Good Cause” Means New, Uncontrollable Grounds Plus Diligence: Second Circuit Clarifies § 1455(b)(1) and Reopens the Door to Post‑Trial Federal Officer Removal in New York v. Trump Introduction This...
Reaffirming the “One Central Reason” Nexus and CAT Acquiescence Requirements in Private-Actor Extortion Cases: Commentary on Baldiviezo Castro v. Bondi (2d Cir. Summary Order) Note on precedential...
Coverage-Action Litigation Costs Are a Present Injury for Ripeness; An Insurance Broker’s Specific Undertaking Creates a Duty to Notify the Insurer A commentary on Paro Mgmt. Co., Inc. v. Willis of...
“Lozada Lives After Loper Bright”: Second Circuit Reaffirms Strict Lozada Compliance for Ineffective-Assistance-Based Motions to Reopen and Enforces Petition Deadlines Under Riley v. Bondi...
No Equitable Tolling for Post-Order Eligibility: Second Circuit Denies Untimely Reopening for Non-LPR Cancellation in Wang v. Bondi Court: U.S. Court of Appeals for the Second Circuit (Summary Order...
Reaffirming Christiansburg for Title II: Second Circuit Vacates Defense Fee Award Against Pro Se Plaintiff and Affirms Dismissal of § 1981/NYCHRL Claims Case: Alexander v. Private Protective...
Limits Reaffirmed on Domestic-Violence-Based Particular Social Groups and the Need for Particularized, Ongoing Risk for Asylum and CAT Case: Amaya Mejia v. Bondi, No. 23-6369 (2d Cir. Nov. 4, 2025)...
Qualified Immunity Shields Early‑Pandemic Nursing‑Home Admission Directives; Lobbying Alone Does Not Make Private Hospital Actors “State Actors” — Commentary on Arbeeny v. Cuomo (2d Cir. 2025) Note...
Arias-Arevalo v. Bondi (2d Cir. 2025): Waiver of NTA Time/Place Defects and the Demanding Nexus Requirement in Gang-Related Asylum Claims Court: U.S. Court of Appeals for the Second Circuit (Summary...