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  • Commentaries
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2d Circuit Case Commentaries

Dead-End Exception in PLRA Exhaustion: Edwards v. Destefano

Dead-End Exception in PLRA Exhaustion: Edwards v. Destefano

Date: Apr 10, 2025
Dead-End Exception in PLRA Exhaustion: Edwards v. Destefano Introduction Edwards v. Destefano (2d Cir. Apr. 9, 2025) clarifies when a prisoner’s transfer can render prison grievance procedures...
Harmless-Deficiency Doctrine for Anders Briefs in Appeal-Waiver Cases

Harmless-Deficiency Doctrine for Anders Briefs in Appeal-Waiver Cases

Date: Apr 10, 2025
Harmless-Deficiency Doctrine for Anders Briefs in Appeal-Waiver Cases Introduction This commentary examines the Second Circuit’s decision in United States v. Arguedas, 22-1355-cr (2d Cir. Apr. 9,...
United States v. Arguedas: Harmless Deficiency Doctrine for Incomplete Anders Briefs under Appeal Waivers

United States v. Arguedas: Harmless Deficiency Doctrine for Incomplete Anders Briefs under Appeal Waivers

Date: Apr 10, 2025
United States v. Arguedas: Harmless Deficiency Doctrine for Incomplete Anders Briefs under Appeal Waivers Introduction United States v. Arguedas, decided April 9, 2025 by the Second Circuit,...
Credible Evidence and Pretext at Summary Judgment: Knox v. CRC Management Co.

Credible Evidence and Pretext at Summary Judgment: Knox v. CRC Management Co.

Date: Apr 10, 2025
Credible Evidence and Pretext at Summary Judgment: Knox v. CRC Management Co. Introduction Knox v. CRC Management Co., decided April 9, 2025 by the Second Circuit (No. 23-121), addresses the proper...
Clarifying Summary Judgment Standards in Workplace Discrimination and Retaliation: Knox v. CRC Management Co.

Clarifying Summary Judgment Standards in Workplace Discrimination and Retaliation: Knox v. CRC Management Co.

Date: Apr 10, 2025
Clarifying Summary Judgment Standards in Workplace Discrimination and Retaliation: Knox v. CRC Management Co. Introduction Case: Natasha Knox v. CRC Management Co., LLC et al. Court: United States...
Opinion and Hyperbole Not Defamation: Standing and § 1983 Chilling Claims in Miller v. James

Opinion and Hyperbole Not Defamation: Standing and § 1983 Chilling Claims in Miller v. James

Date: Apr 10, 2025
Opinion and Hyperbole Not Defamation: Standing and § 1983 Chilling Claims in Miller v. James Introduction Miller et al. v. James, No. 24-2785 (2d Cir. Apr. 9, 2025), arose when two anti-abortion...
Khazin v. City of New York: Clarifying the Awareness and But-For Causation Standards in Title VII Retaliation Claims

Khazin v. City of New York: Clarifying the Awareness and But-For Causation Standards in Title VII Retaliation Claims

Date: Apr 9, 2025
Khazin v. City of New York: Clarifying the Awareness and But-For Causation Standards in Title VII Retaliation Claims Introduction The Second Circuit’s summary order in Khazin v. City of New York...
United States v. Love: Necessity of Particularized Justification for Internet and Employment‐Related Conditions on Supervised Release

United States v. Love: Necessity of Particularized Justification for Internet and Employment‐Related Conditions on Supervised Release

Date: Apr 9, 2025
United States v. Love: Necessity of Particularized Justification for Internet and Employment-Related Conditions on Supervised Release Introduction United States v. Love, 24‐1706‐cr (2d Cir. Apr. 8,...
United States v. Harris: Permissible Disclosure of PSR and Medical Records to Treatment Providers under Supervised Release

United States v. Harris: Permissible Disclosure of PSR and Medical Records to Treatment Providers under Supervised Release

Date: Apr 9, 2025
United States v. Harris: Permissible Disclosure of PSR and Medical Records to Treatment Providers under Supervised Release Introduction United States v. Harris, 24-1099-cr (2d Cir. Apr. 8, 2025),...
Clarifying Eighth Amendment Deliberate Indifference: Medical Judgment and Diagnostic Imaging

Clarifying Eighth Amendment Deliberate Indifference: Medical Judgment and Diagnostic Imaging

Date: Apr 9, 2025
Clarifying Eighth Amendment Deliberate Indifference: Medical Judgment and Diagnostic Imaging Introduction Wright v. Martin, decided April 8, 2025 by the United States Court of Appeals for the Second...
Clarifying Summary Judgment Standards: Extraordinary Circumstances for New Evidence and Rule 56’s Affidavit Requirements

Clarifying Summary Judgment Standards: Extraordinary Circumstances for New Evidence and Rule 56’s Affidavit Requirements

Date: Apr 9, 2025
Clarifying Summary Judgment Standards: Extraordinary Circumstances for New Evidence and Rule 56’s Affidavit Requirements 1. Introduction This commentary examines the Second Circuit’s summary order in...
Authorizing Disclosure of PSR and Mental-Health Records to Treatment Providers: Limits on Delegation in Supervised Release Conditions

Authorizing Disclosure of PSR and Mental-Health Records to Treatment Providers: Limits on Delegation in Supervised Release Conditions

Date: Apr 9, 2025
Authorizing Disclosure of PSR and Mental-Health Records to Treatment Providers: Limits on Delegation in Supervised Release Conditions Introduction This commentary analyzes the Second Circuit’s...
Applicability of the International Parental Kidnapping Crime Act to Void Foreign Marriages and Custody Contexts

Applicability of the International Parental Kidnapping Crime Act to Void Foreign Marriages and Custody Contexts

Date: Apr 9, 2025
Applicability of the International Parental Kidnapping Crime Act to Void Foreign Marriages and Custody Contexts Introduction United States v. Helbrans, 22-1680-cr(L) (2d Cir. Apr. 8, 2025), presents...
Affirmation of SRO Deference and FAPE Adequacy in IDEA Appeals

Affirmation of SRO Deference and FAPE Adequacy in IDEA Appeals

Date: Apr 9, 2025
Affirmation of SRO Deference and FAPE Adequacy in IDEA Appeals Introduction Zayas v. Banks, 24-1076-cv (2d Cir. Apr. 8, 2025), addresses a challenge under the Individuals with Disabilities Education...
Defining “Marital Status” under the NYCHRL: Limiting Discrimination to Legal Condition, Not Spousal Identity

Defining “Marital Status” under the NYCHRL: Limiting Discrimination to Legal Condition, Not Spousal Identity

Date: Apr 9, 2025
Defining “Marital Status” under the NYCHRL: Limiting Discrimination to Legal Condition, Not Spousal Identity Introduction In Hunter v. Debmar-Mercury LLC, 24-1229 (2d Cir. Apr. 8, 2025), the Second...
Clarifying Deference and FAPE Standards in IDEA Appeals: Zayas v. Banks

Clarifying Deference and FAPE Standards in IDEA Appeals: Zayas v. Banks

Date: Apr 9, 2025
Clarifying Deference and FAPE Standards in IDEA Appeals: Zayas v. Banks Introduction The United States Court of Appeals for the Second Circuit’s decision in Zayas v. Banks (24-1076-cv, decided April...
Khazin v. City of New York: Employer Awareness and But-For Causation in Title VII Retaliation Claims

Khazin v. City of New York: Employer Awareness and But-For Causation in Title VII Retaliation Claims

Date: Apr 9, 2025
Khazin v. City of New York: Employer Awareness and But-For Causation in Title VII Retaliation Claims Introduction Background: In Khazin v. City of New York, Valentin Khazin—a former NYPD...
Clarification of Summary Judgment Standards and Limits on Extraordinary‐Circumstances Evidence on Appeal

Clarification of Summary Judgment Standards and Limits on Extraordinary‐Circumstances Evidence on Appeal

Date: Apr 9, 2025
Clarification of Summary Judgment Standards and Limits on Extraordinary-Circumstances Evidence on Appeal Introduction This commentary examines the Second Circuit’s summary order in Sterling v....
Sterling v. Deutsche Bank: Proving a Genuine Dispute Required to Defeat Summary Judgment

Sterling v. Deutsche Bank: Proving a Genuine Dispute Required to Defeat Summary Judgment

Date: Apr 9, 2025
Sterling v. Deutsche Bank Nat'l Tr. Co.: Proving a Genuine Dispute to Defeat Summary Judgment Introduction This case arises from a pro se appeal by Everton Sterling following the foreclosure of...
Medical Judgment in Diagnostic Testing and the Eighth Amendment: Wright v. Martin

Medical Judgment in Diagnostic Testing and the Eighth Amendment: Wright v. Martin

Date: Apr 9, 2025
Medical Judgment in Diagnostic Testing and the Eighth Amendment: Wright v. Martin 1. Introduction Wright v. Martin (23-7762-pr) is a summary order issued by the United States Court of Appeals for the...
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