Santiago v. Fischer: Second Circuit Requires Admission of “Impediments” Evidence to Prove Causation and Punitive Liability in Earley PRS Cases; Qualified Immunity Remains Unavailable Post-Earley...
United States v. Powell (2d Cir. 2025): Nonprecedential Guidance on Composite Surveillance Videos, Excited-Utterance Identifications, and Upward Variances in Violent Robberies Introduction This...
Second Circuit Reins in “Standard” Supervised Release Conditions: Family-Contact Restrictions Require On‑the‑Record Justification; SDNY Risk‑Notification Condition Struck; Suspicion‑Based Search...
Medication-Compliance Language May Clarify, Not Expand, an Oral Mental-Health Condition; Reasonable-Suspicion Electronic-Device Search Conditions Upheld Where the Record Shows E-Communications Case:...
Chen v. Rubio: Second Circuit Limits “Mandel” Review to Cases Burdening a U.S. Citizen’s Constitutional Rights and Extends Muñoz Beyond Spouses to Parents and Siblings Introduction In Chen v. Rubio,...
Authority to Withdraw Funds Equals Pecuniary Interest: Second Circuit Affirms §16(b) Disgorgement and Endorses IRS Underpayment Rate for Prejudgment Interest Case: Avalon Holdings Corp. v. Gentile,...
Second Circuit Reaffirms Strict Rule 8 Enforcement and Accepts COVID-19 Testing as Reasonable Religious Accommodation (Nonprecedential) Case: Johnson v. Starwood Hotels & Resorts Worldwide, LLC...
Second Circuit Clarifies Revocation Sentencing: Undisputed Probation Facts and Similarity to Prior Offense Can Support an Upward Variance; Retribution for the Underlying Conviction Remains Off-Limits...
Insurrection Under War-Risk Policies Includes Acts by a De Facto Regime Against the U.S.-Recognized Government; “Arising From” Requires But-For Causation Introduction In CITGO Petroleum Corp. v....
Reiterated Objections Require De Novo Review: The Second Circuit Clarifies “Proper Objections” to Magistrate Judge R&Rs in Nambiar v. The Central Orthopedic Group, LLP Introduction In this...
Evidence, Not Assumptions: Second Circuit’s Summary Order Clarifies “Least Intrusive Means” Proof Under the TCA and Upholds Coexistence of Vermont’s “Substantial Deference” with Federal “Substantial...
Second Circuit Clarifies Probable Cause Across Undifferentiated Multi-Unit Homes and Upholds Brief Continued Presence During Search Case: Medina v. Stevens, No. 24-2968 (2d Cir. Oct. 27, 2025)...
Second Circuit Reaffirms No “Prevailing Party” Status After Forum Non Conveniens Dismissal; Rule 41(d) Cost Awards Are Discretionary and Unresolved as to Foreign Dismissals Introduction In Paulo v....
United States v. Raniere: Second Circuit Reaffirms Strict Standards for Rule 33 “Newly Discovered Evidence,” No Freestanding Post‑Judgment Discovery Right, and the High Bar for Judicial Recusal...
When a Conspiracy Acquittal Necessarily Rejects the Core Factual Theory, Double Jeopardy Bars Retrial on Substantive Counts — United States v. Cole (2d Cir. 2025) Introduction In United States v....
Ceccarelli v. Morgan Stanley: Second Circuit reiterates the Rooker-Feldman/Res Judicata divide in post-foreclosure TILA suits and requires without-prejudice jurisdictional dismissals Introduction In...
Non‑Reserved Acceptance Triggers Inter‑Insurer Estoppel: Second Circuit Affirms Standing, Reliance, and Prejudice in Penn‑Star v. Dongbu Court: United States Court of Appeals for the Second Circuit...
Residential Storage Triggers the §2D1.1(b)(12) “Stash House” Enhancement; DWAI Always Counts in Criminal History Under Amended §4A1.2 cmt. n.5; Appeal Waiver Bars Fine Challenge — United States v....
Second Circuit Reaffirms PLRA 150% Fee Cap and Declines “Mini En Banc” Reconsideration in Webb v. Trombley Introduction In Webb v. Trombley, No. 24-2582-pr (2d Cir. Oct. 24, 2025) (Summary Order),...