Second Circuit Confirms Constitutional Limit on Mandatory § 1226(c) Detention: Bond Hearing Required Once Detention Becomes Unreasonably Prolonged, With Government’s Clear-and-Convincing Burden...
Qualifying-Child Status for Non–LPR Cancellation Is Measured at Adjudication, Not Filing Commentary on Yupangui‑Yunga v. Bondi, No. 23‑6522 (2d Cir. Oct. 24, 2025) Introduction In this precedential...
Minimal Inference Reaffirmed: Coworker Allegations and Facially Neutral Acts May Form the “Mosaic” Supporting Title VII/NYSHRL Pleadings Case: Brown v. Montefiore Health System, Inc., No. 24-3078-cv...
“Something More” Still Means More: Second Circuit Reaffirms Narrow Defamation Jurisdiction Under CPLR 302(a)(1) and Rejects Property-Based Hook Under 302(a)(4) for Third-Party USPS “Known Office of...
“Outside the Heartland” in §924(c) Sentencing: Second Circuit Affirms Significant Upward Variances When Firearm Use Results in Homicide Introduction In United States v. Ben-Jochannan (consolidated...
Harmless Guidelines Error under a Rule 11(c)(1)(C) Plea and “Self‑Evident” Justification for Alcohol‑Abstinence Conditions: United States v. Goins (2d Cir. 2025) Note on precedential status: This is...
Second Circuit Narrows “Misappropriation” Exclusion: Client‑Authorized Fund Transfers Do Not Defeat Duty to Defend Under New York Law Introduction In Marcus & Cinelli, LLP v. Aspen American Insurance...
Material Omissions and Conflicting Residence Evidence Sustain Adverse Credibility Under the REAL ID Act: Chen v. Bondi (2d Cir. 2025) [Summary Order] Court: United States Court of Appeals for the...
Circumstance-Specific Proof of Protection-Order Violations May Rely on PSIs and Conviction Elements; Indictment Time Ranges Can Fix CIMT “Commission” Date for Stop-Time Purposes Case: Moco v. Bondi,...
Second Circuit Clarifies Pro Se Estate Representation and Upholds Qualified Immunity for Warrantless Code‑Enforcement Entry Under Claimed Exigent Circumstances Case: Simmons v. Incorporated Village...
No §3C1.1 Obstruction Enhancement on a Bare “Perjury” Label: Second Circuit Requires Discernable Dunnigan Findings in United States v. Onah Introduction In a summary order issued on October 21, 2025,...
Second Circuit: No Property Right to Continue as a Medicaid Fiscal Intermediary; CDPAP Consolidation Survives Takings, Contracts, and Due Process Challenges Introduction In Principle Homecare, LLC v....
(Nonprecedential) Second Circuit Clarifies That Home Health Care Benefits Require Either a Licensed Agency or a Certified/Licensed Aide: Jackling v. Brighthouse Life Insurance Co. Introduction In an...
Express Incorporation of “Standard Conditions 1–12” Satisfies Maiorana; Delegation of Treatment Details and Third‑Party Search Notifications Upheld Introduction In United States v. Randolph, No....
Clear-Error Review of Hardship Mixed Questions and Strict Ineffective-Assistance Prerequisites in Non-LPR Cancellation: Ramirez Lopez v. Bondi (2d Cir. 2025) Introduction In Ramirez Lopez v. Bondi,...
Removal Waives Eleventh Amendment Immunity, Not General Sovereign Immunity; Equal Protection § 1983 Claims Require Specific Comparators and Impermissible Motive Case: Bell v. University of the State...
“Notice + Barricades” Suffice: Second Circuit Affirms No Jones Act Negligence or Unseaworthiness for a Temporarily Open Hatch, and Rejects Case-Dispositive Spoliation Sanctions Court: U.S. Court of...
Second Circuit Reaffirms Three-Year Limitations and Narrow Continuing-Violation Doctrine for Title IX Claims; Upholds Early Conversion to Summary Judgment in Pund v. St. Francis College Court: U.S....
No Habeas-by-Compassionate-Release: Second Circuit Affirms Denial Based on § 3553(a) and Individualized Circumstances in United States v. Andrews Court: U.S. Court of Appeals for the Second Circuit...
Baseless Damages Theories and Bad-Faith Settlement Tactics Can Render a Lanham Act Case “Exceptional” and Support § 1927 Sanctions: Second Circuit Affirms Fee Award and Joint-and-Several Liability...