Basra v. Bondi: Reaffirming Strict Limits on Untimely, Number‑Barred Motions to Reopen—No Changed‑Conditions Reopening Without Credibility Rehabilitation; Equitable Tolling Requires Diligence...
Unlicensed Home Health Aides Are Not Covered: Second Circuit’s Nonprecedential Clarification of Brighthouse’s Home Health Care Benefits Case: Jackling v. Brighthouse Life Insurance Company (No....
Misconduct Is Not Disability Discrimination: Second Circuit Reaffirms that the ADA Does Not Require Excusing Disruptive Conduct and Demands Plausible Causation for Discrimination, Accommodation, and...
Foreseeability and Realistic Opportunity to Intervene: Second Circuit Reaffirms Deliberate Indifference Pleading Standards and Duplicative Official-Capacity Claims in Montgomery v. Orange County...
United States v. Hild: No Actual-Loss Requirement, No Brady Duty to Highlight, and No Automatic Recusal for Spouse’s Law Firm Ties Court: United States Court of Appeals for the Second Circuit Date:...
Reserved-Rights Plea Agreements Permit Government Advocacy for Additional Enhancements; Sadism Enhancement Applies to Morphed Images; Obstruction Adjustment Reaches Overlapping Investigations Note:...
Conscious Avoidance Limited to Conspiracy Knowledge and MVRA Attorneys’ Fees May Be Awarded Without Detailed Billing: United States v. Rains (2d Cir. 2025, Summary Order) Court: U.S. Court of Appeals...
Clearing the 340B Antitrust Path: Second Circuit Confirms Astra/Illinois Brick Do Not Bar Section 1 Claims and Endorses a Flexible Parallel-Conduct Pleading Standard Introduction In Mosaic Health,...
No Step-Two Without a “Meaningful Constraint”: Second Circuit Upholds New York’s Ammunition Background Check Regime at Bruen’s Threshold Introduction In N.Y. State Firearms Ass'n v. James, No....
Second Circuit Reaffirms No-Legitimacy-Inquiry Rule under FOIA Exemption 7 and Treats Unit Identifiers as Protected “Guidelines” under Exemption 7(E); Strict Showing Required for Catalyst-Fees Claims...
Clear-Error Review of “Exceptional and Extremely Unusual Hardship” and Continued Reliance on Monreal-Aguinaga Post-Loper Bright: Flores-Rueda v. Bondi Introduction This commentary examines the Second...
Second Circuit reaffirms that vague internal complaints are not “protected activity” under Title VII and that comparators sharing the same protected traits undermine an inference of discriminatory...
Second Circuit Reaffirms: Documented Financial Restructuring and Outsourcing Can Defeat ADEA Pretext at Summary Judgment Case: Tillman v. Grenadier Realty Corp., No. 24-2325-cv (2d Cir. Oct. 14,...
Clarifying IDEA Remand Scope and Procedural Violations: Second Circuit Summary Order on Bilingual Services, IEP Gaps, and Compensatory Education Timing Introduction Case: Y.S. v. New York City...
Second Circuit (Non-Precedential) Guidance on Successive Summary Judgment Motions and Relation-Forward Appellate Jurisdiction in Pro Se Prisoner Litigation Note on precedential weight: This is a...
Drug Identity Is Not an Element of N.J. Stat. § 2C:35-5(b)(1): Second Circuit Bars the Modified Categorical Approach in Aggravated-Felony Removal Case: Amaro Luna v. Bondi, No. 22-6399 (2d Cir. Oct....
Harmless-Error Controls § 1324 “Reckless Disregard” Instruction Disputes: United States v. Adames-Ramos (2d Cir. 2025) Note: This is a Second Circuit Summary Order. Under FRAP 32.1 and Local Rule...
Errato v. Seder (2d Cir. 2025): No Federal Do‑Over of Divorce Judgments; Independent Fraud Claims May Evade the Domestic Relations Exception but Are Precluded After Prior Litigation Court: U.S. Court...
Second Circuit confirms: Seven-figure emotional distress awards in attempted workplace rape need no medical proof; amounts exceeding the Title VII cap properly ride on NYCHRL/NYSHRL Introduction In...
Reaffirming Broad District Court Discretion in § 3582(c)(2) Motions After Amendment 821: Emphasis on Unchanged Criminal History Is Permissible Introduction In United States v. Ahmed (No. 24-2629),...