Post–Loper Bright “Best Reading” Rule: INA “Conviction” Requires (1) Foundational Criminal-Procedure Protections and (2) Criminal Sentencing I. Introduction Wong v. Blanche (2d Cir. Aug. 19, 2026)...
Second Circuit: Church Autonomy Bars Defamation Claims Inextricably Intertwined with Clergy Selection, Discipline, and Internal Governance—even After Social-Media Dissemination 1. Introduction Belya...
Section 3559(e)(1) “Minor Victim” Clause Is Circumstance-Specific; State Predicate May Categorically Match Any Listed Federal Sex Offense 1. Introduction United States v. Valder (2d Cir. Aug. 18,...
Second Circuit Recognizes a First Amendment Right to Record Publicly Visible Police-Station Exteriors from a Public Sidewalk (Subject to Qualified Immunity for Pre-Decision Conduct) 1. Introduction...
Coram Nobis Harmless-Error Review: Kotteakos Governs (and Petitioner Bears the Burden) Case: Stinn v. United States of America, No. 25-293 (2d Cir. Aug. 17, 2026) Court: United States Court of...
Defective Trustee Substitution Goes to Capacity—Not Article III Standing—and May Be Cured by Waiver/Ratification 1. Introduction In UMB Bank, N.A. v. Bristol-Myers Squibb Company (2d Cir. Aug. 13,...
United States v. Matos: The Second Circuit Adopts Hunter’s “Miscarriage of Justice” Exception to Appeal Waivers—But Holds Routine Guidelines Disputes Still Waived; Standing-Order Incorporation...
Ex Parte Buccal-Swab DNA Warrants: No Pre-Issuance Hearing Required, and Probable Cause Need Not Identify a Viable Comparison Sample 1. Introduction United States v. Leeper (2d Cir. Aug. 13, 2026)...
Second Circuit: Compelled Disclosure of Third-Party Customer Data Is Outside Zauderer and Invalid Absent a Reasonable Central Hudson Fit 1. Introduction In DoorDash, Inc. v. City of New York (2d Cir....
Wild Fish Are Not “Property” Under the False Claims Act; Unassessed AFA Penalties Are Not an FCA “Obligation” Case: United States Ex Rel. Chiles v. Cooke Inc. (2d Cir. Aug. 5, 2026) Posture: Appeal...
Pleading Essential-Functions Capability in ADA/NYCHRL Failure-to-Accommodate Claims: Prior Successful Remote Work and Employer Practice Can Suffice at Rule 12(b)(6) Introduction In Cangro v. NYC...
Second Circuit Reaffirms Non-Reviewability of Denied Rule 59(a) Weight-of-the-Evidence Motions; “Effectiveness” Governs ADA Accommodations Case: Raymond v. 1199SEIU National Benefit Fund (2d Cir....
8 U.S.C. § 1252(b)(9) Channels Speech-Based “Retaliatory Removal/Detention” Habeas Claims to the Petition-for-Review Process (and Merits Panels May Revisit Motions-Panel Jurisdiction Views) Case:...
Hayden v. Koons: Constructive Discovery in Copyright Accrual Does Not Require “Inquiry Notice” or Actual Knowledge of Triggering Facts 1. Introduction Parties and setting. Hayden v. Koons is a Second...
“Manifest Error” Limits Board Conclusiveness Clauses: An Indenture Determination Is Incontrovertibly Wrong When It Measures the Wrong Contractual Metric 1. Introduction In Tennenbaum Living Tr. v....
Medically Grounded Findings Required for Supervised-Release Medication Mandates; Electronic Search Conditions Upheld When Device Use Is Self-Evident 1. Introduction In United States v. McCrone (2d...
Life-Threatening Medical Risk as “Extraordinary Circumstances” Warranting Mapp Bail for ICE Detainees Pending Habeas Appeal 1. Introduction In Fulton v. Mullin (2d Cir. July 13, 2026), the Second...
BlueCard Market Exploitation Creates New York Specific Jurisdiction and Supports Ratification-Based Liability for Non-Contracting Blue Cross Licensees I. Introduction Northwell Health, Inc. v. Group...
Rule 702 Limits on “Gatekeeping”: Courts May Not Exclude Generally Accepted Epidemiologic Reasoning as “Unreliable” Because They Disagree with the Conclusion Case: Rutledge v. Walgreen Co.; Phippen...
FSIA Commercial-Activity Exception: Sovereign-Coerced Merger “Brokering” Is Not Commercial Activity 1. Introduction Creditincome Limited v. The Swiss Confederation (2d Cir. July 16, 2026) addresses...