Reaffirming the SSI Application Prerequisite and SSR 18‑01p’s Threshold: Anthony v. Saul (2d Cir. 2025) Note on precedential status: This is a Second Circuit Summary Order, which does not have...
Chapter 7 Trustee Not Bound by Debtor‑Only Adversary Judgments; Rule 3007 Objections Are Timely Absent Court Deadlines; Fraud-Based Veil Piercing Requires Intent at Contract Formation Commentary on...
Enforcing Appeal Waivers Absent Government Breach: Government May Characterize Offense Conduct and Argue § 3553(a) Factors Within a Stipulated Guidelines Range Case: United States v. Handler (2d...
Second Circuit Extends Honeycutt to § 981(a)(1)(C): Criminal Forfeiture Requires Personal Acquisition of Proceeds Introduction In United States v. Elias, the U.S. Court of Appeals for the Second...
Demanding Cogent Reasons for BIA Clear-Error Reversals of CAT Grants: Villalta Martinez v. Bondi (2d Cir. 2025) Introduction In Villalta Martinez v. Bondi, the United States Court of Appeals for the...
Misaligned Debtor–Trustee Interests Preclude Res Judicata Against Chapter 7 Trustees; Claim Objections Under Rule 3007 Are Timely Absent Court-Set Deadlines Commentary on Myer's Lawn Care Services,...
Second Circuit Confirms Special-Needs Authority to Search a Parolee’s Cellphone, Distinguishing Riley When the Device Is Unauthorized Introduction In United States v. Smurphat (No. 24-1707, 2d Cir....
Deed-in-Lieu with Deficiency Waiver Fixes the Year of COD Income; No “Later-Discovery” Exception to the Variance Doctrine — Commentary on Salta v. United States (2d Cir. 2025) Court: U.S. Court of...
No Reversible Error from Unexplained “Associate Search” Reference: Second Circuit Affirms Under Harmless and Plain Error Frameworks in United States v. Morrison (Summary Order) Introduction This...
“Life Minus Months Still Equals Life”: Second Circuit Reaffirms § 3583(h) Supervised-Release Calculus for § 2252A Revocations and Enforces Oral-Pronouncement Rule Note on precedential status: This...
No FTCA Waiver When Vermont Workers’ Compensation Covers Multi‑Employer Injuries: Coverage by Any Employer Preserves Exclusive-Remedy Immunity for Federal “Statutory Employers” Case: Williams v....
Clark v. Valletta: No Clearly Established Right to Specific Gender-Dysphoria Treatments; Objective Reasonableness Remains Distinct in Eighth Amendment Qualified Immunity Introduction In Clark v....
Fair Use Shields Satirical Broadcasts of Commissioned Cameo Videos; No Bad-Faith Bar, and Platform Terms Not Enforceable by Creators Absent Express Third-Party-Beneficiary Status Case: Santos v....
Pleading Across Proceedings: Second Circuit Endorses Use of Other-Case Allegations (Rule 11–Limited) and Narrows “Storm Warnings” for Securities Act Timeliness — Commentary on Sherman v. Abengoa,...
Independent Warrant Analysis Required for Ride‑Hail App Searches During Traffic Stops: Second Circuit’s Nonprecedential Reminder in Etere v. Nassau County Introduction In Etere v. Nassau County (No....
No Clearly Established Right to Proximity-Based Religious Accommodation in Prison Laundry: Tripathy v. Lockwood (2d Cir. 2025 Summary Order) Introduction This commentary analyzes the Second Circuit’s...
Reaffirming Individualized Justifications Yet Affirming via Plain-Error Narrow Constructions: The Second Circuit’s Approach to Special Supervised Release Conditions in United States v. Schloss...
Fee-Shifting After Remand: Second Circuit Confirms § 1447(c) Awards in “Unusual Circumstances” and Permits Post-Precedent Reasonableness Assessment Introduction In City of New York v. Exxon Mobil...
“#1 Brand” Claims Under the Lanham Act: The Second Circuit Clarifies That Literal Falsity Requires an Unambiguous Consumer Meaning When “Brand” May Refer to Parent or Product Lines Introduction In...
Non‑Precedential Guidance on Inconclusive DNA Evidence, Constructive Possession, and the § 2K2.1(b)(6)(B) “In-Connection-With” Enhancement: Commentary on United States v. Fable (2d Cir. 2025)...