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...
Constructive Tying by Exorbitant Standalone Pricing Is Actionable Under Sherman Act § 2; Automatic Stay Does Not Freeze Debtor-Plaintiff Claims 1. Introduction Cumulus Media New Holdings Inc. v. The...
Abercrombie Abrogates the Second Circuit’s Prior Prima Facie Test for Title VII Religious-Accommodation Claims: “Actually Required Accommodation” + “Motivating-Factor Avoidance” 1. Introduction...
Certification on Economic-Loss Bar and Athlete “Eligibility Injury” from Nonconsensual Ingestion of a Banned Substance Case: Asinga v. Gatorade Co. (2d Cir. July 17, 2026) Court: United States Court...
United States v. DeJesus: PSR Page-Reference Incorporation Satisfies Oral Pronouncement of Supervised-Release Conditions; Mental-Health Condition Upheld Where Need Is Self-Evident 1. Introduction In...
Congestion-Pricing Entry Tolls Are Reviewed as Reasonable User Fees (Not Strict-Scrutiny Burdens on Travel) and Survive Rational-Basis Review 1. Introduction County of Rockland v. Triborough Bridge &...
Compensation Limits Triggered by Publishing Rental Listings Are Content-Neutral Commercial-Speech Regulations Reviewed Under Central Hudson; FARE Act Likely Valid Under the Contracts Clause...
Second Circuit: Daubert Gatekeeping Cannot Displace Scientific Disagreement in Bradford Hill–Based General Causation; OTC Pregnancy Warning Rules Do Not Preempt Supplemental Risk Warnings I....
Impeachment-Only Recordings Need Not Be Pre-Disclosed Absent Clear Pretrial Rule—Erroneous Exclusion Requires a New § 1983 Trial Case: McClarin v. City of New York (2d Cir. July 13, 2026) Panel:...
Second Circuit: A Union Cannot Retroactively Bind Former Bargaining-Unit Members to Mandatory Arbitration of Accrued Statutory Wage Claims by a Later MOA Without Consent; Courts Decide Arbitrability...