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  • Commentaries
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2d Circuit Case Commentaries

Second Circuit Clarifies Plain-Error Review of Electronic Search Conditions: Commentary on United States v. Ford (2025)

Second Circuit Clarifies Plain-Error Review of Electronic Search Conditions: Commentary on United States v. Ford (2025)

Date: Aug 26, 2025
Second Circuit Clarifies Plain-Error Review of Electronic Search Conditions on Supervised Release Commentary on United States v. Ford, 24-1454 (2d Cir. Aug. 22, 2025) Introduction United States v....
“Unusually Dangerous” Arms and the Second Amendment: The Second Circuit’s Nuanced Analogue Test in Nat’l Ass’n for Gun Rights v. Lamont & Grant v. Rovella

“Unusually Dangerous” Arms and the Second Amendment: The Second Circuit’s Nuanced Analogue Test in Nat’l Ass’n for Gun Rights v. Lamont & Grant v. Rovella

Date: Aug 26, 2025
“Unusually Dangerous” Arms and the Second Amendment: The Second Circuit’s Nuanced Analogue Test in Nat’l Ass’n for Gun Rights v. Lamont & Grant v. Rovella Introduction On 22 August 2025 the United...
Establishing Personal Jurisdiction Through Domestic Derivative Transactions: A Commentary on Sullivan v. UBS AG (2d Cir. 2025)

Establishing Personal Jurisdiction Through Domestic Derivative Transactions: A Commentary on Sullivan v. UBS AG (2d Cir. 2025)

Date: Aug 26, 2025
Establishing Personal Jurisdiction Through Domestic Derivative Transactions: The Second Circuit’s Refined Approach in Sullivan v. UBS AG (2025) Introduction In Sullivan v. UBS AG, the United States...
From “Occasions” to “Instances”: Second Circuit Extends Wooden-Style Analysis to U.S.S.G. § 2G2.2(b)(5)’s Pattern-of-Abuse Enhancement

From “Occasions” to “Instances”: Second Circuit Extends Wooden-Style Analysis to U.S.S.G. § 2G2.2(b)(5)’s Pattern-of-Abuse Enhancement

Date: Aug 26, 2025
From “Occasions” to “Instances”: Second Circuit Extends Wooden-Style Analysis to U.S.S.G. § 2G2.2(b)(5)’s Pattern-of-Abuse Enhancement Introduction In United States v. Bullock, No. 23-7341 (2d Cir....
Active Ecological Management within Conservation Deeds: The Second Circuit’s New Framework in Wildlife Preserves v. Romero

Active Ecological Management within Conservation Deeds: The Second Circuit’s New Framework in Wildlife Preserves v. Romero

Date: Aug 26, 2025
Active Ecological Management within Conservation Deeds: The Second Circuit’s New Framework in Wildlife Preserves, Inc. v. Romero 1. Introduction The Court of Appeals for the Second Circuit has...

    “Prosecutorial Latitude After Stipulated Plea Agreements & the Sadism-Enhancement for
    Morphed Images” – A Commentary on United States v. Hotaling (2d Cir. 2025)

“Prosecutorial Latitude After Stipulated Plea Agreements & the Sadism-Enhancement for Morphed Images” – A Commentary on United States v. Hotaling (2d Cir. 2025)

Date: Aug 25, 2025
“Prosecutorial Latitude After Stipulated Plea Agreements & the Sadism-Enhancement for Morphed Images” – A Comprehensive Commentary on United States v. Hotaling 1. Introduction The Second Circuit’s...
Walden v. Kosinski: Second Circuit Validates State Power to Ban “Independence / Independent” from Ballot-Access Petitions

Walden v. Kosinski: Second Circuit Validates State Power to Ban “Independence / Independent” from Ballot-Access Petitions

Date: Aug 25, 2025
Walden v. Kosinski: Second Circuit Validates State Power to Ban “Independence / Independent” from Ballot-Access Petitions and Affirms Minimal First-Amendment Burden Introduction Walden v. Kosinski,...
Actual-Litigation Requirement for Collateral Estoppel in Immigration Admissibility Determinations – A Commentary on Azatullah v. Noem (2d Cir. 2025)

Actual-Litigation Requirement for Collateral Estoppel in Immigration Admissibility Determinations – A Commentary on Azatullah v. Noem (2d Cir. 2025)

Date: Aug 25, 2025
Actual-Litigation Requirement for Collateral Estoppel in Immigration Admissibility Determinations A Comprehensive Commentary on Azatullah v. Noem, 2d Cir. Aug. 20, 2025 1. Introduction Azatullah v....
Clarifying “Favorable Termination” After a Guilty Plea: The Second Circuit’s Charge-by-Charge Rule in Carruthers v. Colton

Clarifying “Favorable Termination” After a Guilty Plea: The Second Circuit’s Charge-by-Charge Rule in Carruthers v. Colton

Date: Aug 25, 2025
Clarifying “Favorable Termination” After a Guilty Plea: The Second Circuit’s Charge-by-Charge Rule in Carruthers v. Colton Introduction On 20 August 2025 the United States Court of Appeals for the...
“Direct and Material Contribution” Defeats CDA § 230 Immunity for Emissions-Control “Defeat Devices” – A Commentary on United States v. EZ Lynk (2d Cir. 2025)

“Direct and Material Contribution” Defeats CDA § 230 Immunity for Emissions-Control “Defeat Devices” – A Commentary on United States v. EZ Lynk (2d Cir. 2025)

Date: Aug 25, 2025
“Direct and Material Contribution” Defeats CDA § 230 Immunity for Emissions-Control “Defeat Devices” A Comprehensive Commentary on United States v. EZ Lynk, 24-2386 (2d Cir. Aug. 20 2025) 1....
“Notice-Defeats-Laches” – Clark v. Hemphill Artworks, LLC and the Second Circuit’s Clarification of Laches at the Pleading Stage in Art-Conversion Suits

“Notice-Defeats-Laches” – Clark v. Hemphill Artworks, LLC and the Second Circuit’s Clarification of Laches at the Pleading Stage in Art-Conversion Suits

Date: Aug 25, 2025
“Notice-Defeats-Laches” – Clark v. Hemphill Artworks, LLC and the Second Circuit’s Clarification of Laches at the Pleading Stage in Art-Conversion Suits 1. Introduction Clark v. Hemphill Artworks,...
“The Multiple-Inconsistency Exhaustion Test” – Clarifying Credibility and Exhaustion in Immigration Appeals (Commentary on Li v. Bondi, 2d Cir. 2025)

“The Multiple-Inconsistency Exhaustion Test” – Clarifying Credibility and Exhaustion in Immigration Appeals (Commentary on Li v. Bondi, 2d Cir. 2025)

Date: Aug 25, 2025
“The Multiple-Inconsistency Exhaustion Test” – Clarifying Credibility and Exhaustion in Immigration Appeals (Commentary on Li v. Bondi, Court of Appeals for the Second Circuit, 19 Aug 2025) 1....
Clarifying the “Unable-or-Unwilling” Government Standard and the Futility Exception in Asylum & CAT Claims – Commentary on Yunga Uyaguari v. Bondi

Clarifying the “Unable-or-Unwilling” Government Standard and the Futility Exception in Asylum & CAT Claims – Commentary on Yunga Uyaguari v. Bondi

Date: Aug 25, 2025
Clarifying the “Unable-or-Unwilling” Government Standard and the Futility Exception in Asylum & CAT Claims – Commentary on Yunga Uyaguari v. Bondi (2d Cir. 2025) 1. Introduction Yunga Uyaguari v....
“Meaningfully-Constrain” Test Confirmed: The Second Circuit Upholds 18 U.S.C. § 922(a)(3) in United States v. Perez

“Meaningfully-Constrain” Test Confirmed: The Second Circuit Upholds 18 U.S.C. § 922(a)(3) in United States v. Perez

Date: Aug 25, 2025
“Meaningfully-Constrain” Test Confirmed: The Second Circuit Upholds 18 U.S.C. § 922(a)(3) in United States v. Perez 1. Introduction On 19 August 2025 the United States Court of Appeals for the Second...
“Ascertainability” and the 30-Day Removal Clock under § 1446(b)(3): A Commentary on Vermont v. 3M Co.

“Ascertainability” and the 30-Day Removal Clock under § 1446(b)(3): A Commentary on Vermont v. 3M Co.

Date: Aug 25, 2025
“Ascertainability” and the 30-Day Removal Clock under § 1446(b)(3): A Comprehensive Commentary on Vermont v. 3M Co. (2d Cir. 2025) 1. Introduction The Second Circuit’s decision in Vermont v. 3M Co.,...
Collins v. Northeast Grocery, Inc.: Second Circuit Implements Cunningham and Lowers the Pleading Bar for ERISA §1106(a) Prohibited-Transaction Claims

Collins v. Northeast Grocery, Inc.: Second Circuit Implements Cunningham and Lowers the Pleading Bar for ERISA §1106(a) Prohibited-Transaction Claims

Date: Aug 25, 2025
Collins v. Northeast Grocery, Inc.: Second Circuit Implements Cunningham and Lowers the Pleading Bar for ERISA §1106(a) Prohibited-Transaction Claims 1. Introduction On 18 August 2025 the United...
United States v. Perryman – Second Circuit Clarifies Use of “Intended Loss” Under § 2X1.1 in Conspiracy-Based Health-Care Fraud Sentencing

United States v. Perryman – Second Circuit Clarifies Use of “Intended Loss” Under § 2X1.1 in Conspiracy-Based Health-Care Fraud Sentencing

Date: Aug 25, 2025
United States v. Perryman – Second Circuit Clarifies Use of “Intended Loss” Under § 2X1.1 in Conspiracy-Based Health-Care Fraud Sentencing Introduction In United States v. Perryman, No. 24-1729-cr...
“No Injury, No Standing” – The Second Circuit Mandates Individualized Loss for ERISA 401(k) Plaintiffs in Collins v. Northeast Grocery, LLC

“No Injury, No Standing” – The Second Circuit Mandates Individualized Loss for ERISA 401(k) Plaintiffs in Collins v. Northeast Grocery, LLC

Date: Aug 25, 2025
“No Injury, No Standing” – The Second Circuit Mandates Individualized Loss for ERISA 401(k) Plaintiffs in Collins v. Northeast Grocery, LLC 1. Introduction The U.S. Court of Appeals for the Second...
Accrual-Point and Jurisdictional Deference under 28 U.S.C. § 2467: A Commentary on In Re Enforcement of Philippine Forfeiture Judgment

Accrual-Point and Jurisdictional Deference under 28 U.S.C. § 2467: A Commentary on In Re Enforcement of Philippine Forfeiture Judgment

Date: Aug 25, 2025
Accrual-Point and Jurisdictional Deference under 28 U.S.C. § 2467 – Commentary on In Re Enforcement of Philippine Forfeiture Judgment, 24-185(L) (2d Cir. 2025) 1. Introduction On 18 August 2025 the...
Kellogg v. Nichols: The Second Circuit Bars § 1983 Declaratory and Injunctive Relief Against State Judges Serving as Firearms Licensing Officers

Kellogg v. Nichols: The Second Circuit Bars § 1983 Declaratory and Injunctive Relief Against State Judges Serving as Firearms Licensing Officers

Date: Aug 25, 2025
Kellogg v. Nichols: The Second Circuit Bars § 1983 Declaratory and Injunctive Relief Against State Judges Serving as Firearms Licensing Officers 1. Introduction Kellogg v. Nichols, No. 23-8093-cv (2d...
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