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  • Commentaries
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2d Circuit Case Commentaries

Abusive Employer Lawsuits as Attempted Forced Labor and Permissive Forum Clauses in Physician Immigration Contracts: Commentary on Hemant Patel M.D., P.C. v. Bandikatla (2d Cir. 2025)

Abusive Employer Lawsuits as Attempted Forced Labor and Permissive Forum Clauses in Physician Immigration Contracts: Commentary on Hemant Patel M.D., P.C. v. Bandikatla (2d Cir. 2025)

Date: Nov 28, 2025
Abusive Employer Lawsuits as Attempted Forced Labor and Permissive Forum Clauses in Physician Immigration Contracts Comprehensive Commentary on Hemant Patel M.D., P.C. v. Bandikatla, 24-988(L),...
Plausibility Pleading and Post‑Conviction Rule 41(g) Motions: Commentary on United States v. Reddick (2d Cir. 2025)

Plausibility Pleading and Post‑Conviction Rule 41(g) Motions: Commentary on United States v. Reddick (2d Cir. 2025)

Date: Nov 28, 2025
Plausibility Pleading and Post‑Conviction Rule 41(g) Motions: Commentary on United States v. Reddick (2d Cir. 2025) I. Introduction This commentary analyzes the Second Circuit’s summary order in...
Reaffirming the Narrow Grounds for Vacating Arbitration Awards under the FAA: Commentary on Loans on Fine Art LLC v. Peck

Reaffirming the Narrow Grounds for Vacating Arbitration Awards under the FAA: Commentary on Loans on Fine Art LLC v. Peck

Date: Nov 28, 2025
Reaffirming the Narrow Grounds for Vacating Arbitration Awards under the FAA: Commentary on Loans on Fine Art LLC v. Ian S. Peck I. Introduction This Second Circuit summary order in Loans on Fine Art...
Probable Cause, Personal Involvement, and Amendment Limits in § 1983 Litigation: Commentary on Islam v. Tirelli

Probable Cause, Personal Involvement, and Amendment Limits in § 1983 Litigation: Commentary on Islam v. Tirelli

Date: Nov 28, 2025
Probable Cause, Personal Involvement, and Amendment Limits in § 1983 Litigation: Commentary on Islam v. Tirelli I. Introduction This commentary examines the Second Circuit’s summary order in Islam v....
Younger Abstention and Adequate State Review of Constitutional and Preemption Challenges to NYC’s Source-of-Income Law: Commentary on 216 East 29th Street Trust v. City of New York

Younger Abstention and Adequate State Review of Constitutional and Preemption Challenges to NYC’s Source-of-Income Law: Commentary on 216 East 29th Street Trust v. City of New York

Date: Nov 28, 2025
Younger Abstention and State-Court Review as Adequate Forums for Constitutional and Preemption Challenges to NYC’s Source-of-Income Law Commentary on 216 East 29th Street Trust v. City of New York,...
ERISA Standing, Actuarial Non‑Fiduciary Status, and High‑Risk Investment Strategies: Commentary on Carlisle v. Board of Trustees of the NYS Teamsters Fund

ERISA Standing, Actuarial Non‑Fiduciary Status, and High‑Risk Investment Strategies: Commentary on Carlisle v. Board of Trustees of the NYS Teamsters Fund

Date: Nov 23, 2025
ERISA Standing, Actuarial Non‑Fiduciary Status, and High‑Risk Investment Strategies: Commentary on Carlisle v. Board of Trustees of the New York State Teamsters Conference Pension & Retirement Fund...
Presumptive Validity of Firearms‑Training Requirements After Bruen: The Second Circuit’s Application in Corbett v. Hochul

Presumptive Validity of Firearms‑Training Requirements After Bruen: The Second Circuit’s Application in Corbett v. Hochul

Date: Nov 23, 2025
Presumptive Validity of Firearms‑Training Requirements After Bruen: The Second Circuit’s Application in Corbett v. Hochul I. Introduction In Corbett v. Hochul, No. 22‑3210‑cv (2d Cir. Nov. 21, 2025)...
Davis v. ODN I GmbH: Express Termination Rights, the Implied Covenant, and Tortious Interference under New York Law

Davis v. ODN I GmbH: Express Termination Rights, the Implied Covenant, and Tortious Interference under New York Law

Date: Nov 23, 2025
Davis v. ODN I GmbH: Express Termination Rights, the Implied Covenant, and Tortious Interference under New York Law I. Introduction The Second Circuit’s summary order in Davis v. ODN I GmbH, No....

    ADA Retaliation Without Proof of Disability and the Demands of Pretext:
    Commentary on Philbert v. New York City Department of Education (2d Cir. 2025)

ADA Retaliation Without Proof of Disability and the Demands of Pretext: Commentary on Philbert v. New York City Department of Education (2d Cir. 2025)

Date: Nov 23, 2025
ADA Retaliation Without Proof of Disability and the Demands of Pretext: Commentary on Philbert v. New York City Department of Education (2d Cir. 2025) Court: United States Court of Appeals for the...
Reaffirming UCC Gap-Filling and Corporate Officer Authority in Exclusive Distribution Agreements: Commentary on Alessi Equipment, Inc. v. American Piledriving Equipment, Inc.

Reaffirming UCC Gap-Filling and Corporate Officer Authority in Exclusive Distribution Agreements: Commentary on Alessi Equipment, Inc. v. American Piledriving Equipment, Inc.

Date: Nov 23, 2025
Reaffirming UCC Gap-Filling and Corporate Officer Authority in Exclusive Distribution Agreements: Commentary on Alessi Equipment, Inc. v. American Piledriving Equipment, Inc. I. Introduction This...
Moore v. Rubin: Punitive Damages and Consent Under the TVPA in Coercive BDSM Encounters

Moore v. Rubin: Punitive Damages and Consent Under the TVPA in Coercive BDSM Encounters

Date: Nov 23, 2025
Moore v. Rubin: Punitive Damages and Consent Under the TVPA in Coercive BDSM Encounters I. Introduction The Second Circuit’s decision in Moore v. Rubin, No. 24‑2018‑cv (2d Cir. Nov. 21, 2025), is a...
Corroboration as an Independent Ground to Deny Asylum: Commentary on Acan‑Gualancanay v. Bondi (2d Cir. 2025)

Corroboration as an Independent Ground to Deny Asylum: Commentary on Acan‑Gualancanay v. Bondi (2d Cir. 2025)

Date: Nov 22, 2025
Corroboration as an Independent Ground to Deny Asylum: Commentary on Acan‑Gualancanay v. Bondi (2d Cir. 2025) I. Introduction This commentary analyzes the United States Court of Appeals for the...
Pleading COVID‑19 Vaccine Allergies as Disabilities Under the ADA: Commentary on Cecere v. Canisius University

Pleading COVID‑19 Vaccine Allergies as Disabilities Under the ADA: Commentary on Cecere v. Canisius University

Date: Nov 22, 2025
Pleading COVID‑19 Vaccine Allergies as Disabilities Under the ADA: Commentary on Cecere v. Canisius University (2d Cir. 2025) I. Introduction The Second Circuit’s summary order in Cecere v. Canisius...
Reaffirming Specific Intent and Chain-of-Events Analysis in CAT Claims Involving Mental Illness: Commentary on Kebede v. Bondi

Reaffirming Specific Intent and Chain-of-Events Analysis in CAT Claims Involving Mental Illness: Commentary on Kebede v. Bondi

Date: Nov 22, 2025
Reaffirming Specific Intent and Chain-of-Events Analysis in CAT Claims Involving Mental Illness: Commentary on Kebede v. Bondi I. Introduction This commentary examines the Second Circuit’s summary...
Metellus v. Jolly (2d Cir. 2025): Subject‑Matter Jurisdiction, Judicial Immunity, and the Limits of Trademark and Copyright Claims Against State Courts

Metellus v. Jolly (2d Cir. 2025): Subject‑Matter Jurisdiction, Judicial Immunity, and the Limits of Trademark and Copyright Claims Against State Courts

Date: Nov 22, 2025
Metellus v. Jolly (2d Cir. 2025): Subject‑Matter Jurisdiction, Judicial Immunity, and the Limits of Trademark and Copyright Claims Against State Courts I. Introduction The Second Circuit’s summary...
Speculation Is Not Acquiescence: Suescum‑Mora v. Bondi and the Distinct State‑Action Standard for CAT Protection

Speculation Is Not Acquiescence: Suescum‑Mora v. Bondi and the Distinct State‑Action Standard for CAT Protection

Date: Nov 22, 2025
Speculation Is Not Acquiescence: Suescum‑Mora v. Bondi and the Distinct State‑Action Standard for CAT Protection I. Introduction This commentary examines the Second Circuit’s summary order in...
Intrinsic Overdose Evidence, Overdose Causation, and Within-Guidelines Sentencing in Opioid Cases: Commentary on United States v. Wyche (2d Cir. 2025)

Intrinsic Overdose Evidence, Overdose Causation, and Within-Guidelines Sentencing in Opioid Cases: Commentary on United States v. Wyche (2d Cir. 2025)

Date: Nov 22, 2025
Intrinsic Overdose Evidence, Overdose Causation, and Within-Guidelines Sentencing in Opioid Cases: Commentary on United States v. Wyche (2d Cir. 2025) I. Introduction This commentary examines the...
Abandonment of Dispositive Immigration Claims and the Distinct CAT “Acquiescence” Standard: Commentary on Chacon‑Brito v. Bondi

Abandonment of Dispositive Immigration Claims and the Distinct CAT “Acquiescence” Standard: Commentary on Chacon‑Brito v. Bondi

Date: Nov 20, 2025
Abandonment of Dispositive Immigration Claims and the Distinct CAT “Acquiescence” Standard: Commentary on Chacon‑Brito v. Bondi I. Introduction The Second Circuit’s summary order in Chacon‑Brito v....
Reaffirming Strict EEO Timeliness and Narrow Equitable Tolling for Federal Employees: Commentary on Kucharczyk v. Steiner

Reaffirming Strict EEO Timeliness and Narrow Equitable Tolling for Federal Employees: Commentary on Kucharczyk v. Steiner

Date: Nov 20, 2025
Reaffirming Strict EEO Timeliness and Narrow Equitable Tolling for Federal Employees: Commentary on Kucharczyk v. Steiner I. Introduction The Second Circuit’s summary order in Kucharczyk v. Steiner,...
Corroboration, Clear-Error Review, and Issue Exhaustion in Hardship-Based Cancellation of Removal: Commentary on Tenemaza v. Bondi

Corroboration, Clear-Error Review, and Issue Exhaustion in Hardship-Based Cancellation of Removal: Commentary on Tenemaza v. Bondi

Date: Nov 20, 2025
Corroboration, Clear-Error Review, and Issue Exhaustion in Hardship-Based Cancellation of Removal: Commentary on Tenemaza v. Bondi Court: United States Court of Appeals for the Second Circuit Case:...
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