2d Circuit Case Commentaries

Supportability and Consistency as Cornerstones of Medical Opinion Evaluation under 20 C.F.R. § 416.920c

Date: May 6, 2025

Supportability and Consistency as Cornerstones of Medical Opinion Evaluation under 20 C.F.R. § 416.920c Introduction In Blanford v. Dudek (2d Cir. 2025), the Second Circuit affirmed the denial of...

Xi He v. Bondi: Upholding Frivolous Asylum Findings on Circumstantial Evidence under the Clear and Convincing Standard

Date: May 6, 2025

Xi He v. Bondi: Upholding Frivolous Asylum Findings on Circumstantial Evidence under the Clear and Convincing Standard Introduction Xin He, a Chinese national, applied for asylum in the United...

United States v. Romeo: No Sixth Amendment Right to Counsel in Post-Judgment Substitute-Asset Forfeiture and CCPA Garnishment Exclusion for Lump-Sum Proceeds

Date: May 6, 2025

United States v. Romeo: No Sixth Amendment Right to Counsel in Post-Judgment Substitute-Asset Forfeiture and CCPA Garnishment Exclusion for Lump-Sum Proceeds Introduction United States v. Romeo,...

Protecting Foreclosure Surplus Under the Takings Clause: Sikorsky v. City of Newburgh

Date: May 3, 2025

Protecting Foreclosure Surplus Under the Takings Clause: Sikorsky v. City of Newburgh Introduction In Sikorsky v. City of Newburgh, 23-1171-cv (2d Cir. May 2, 2025), the Second Circuit addressed...

Defining “Adverse Actions” and Causation in ADA and State Retaliation Claims: Sosa v. NYC DOE

Date: May 3, 2025

Defining “Adverse Actions” and Causation in ADA and State Retaliation Claims: Sosa v. NYC DOE Introduction In Sosa v. New York City Department of Education, the United States Court of Appeals for the...

Defining the Contours of Sidebar Presence and Rule 404(b) Admissibility in United States v. Civitello

Date: May 2, 2025

Defining the Contours of Sidebar Presence and Rule 404(b) Admissibility in United States v. Civitello Introduction United States v. Civitello is a Second Circuit summary order affirming the...

District Courts’ Broad Discretion to Apply Uniform Percentage Reductions in Section 1988 Fee Awards

Date: May 2, 2025

District Courts’ Broad Discretion to Apply Uniform Percentage Reductions in Section 1988 Fee Awards Introduction In Franco v. Gunsalus, 24-2061 (2d Cir. May 1, 2025), the United States Court of...

Proper Service Determines Applicability of the Forum Defendant Rule in Removal Jurisdiction

Date: May 2, 2025

Proper Service Determines Applicability of the Forum Defendant Rule in Removal Jurisdiction Introduction Uzoigwe v. Charter Communications, LLC (2d Cir. May 1, 2025) presents two key issues: Whether...

Establishing the “Ordinary Person” Standard for Personally Identifiable Information Under the VPPA

Date: May 2, 2025

Establishing the “Ordinary Person” Standard for Personally Identifiable Information Under the VPPA Introduction Detrina Solomon v. Flipps Media, Inc. (No. 23-7597-cv) is a Second Circuit decision...

Jurisdictional Limits on Appeals of Consent Judgment Interpretations: Nunez v. City of New York

Date: May 1, 2025

Jurisdictional Limits on Appeals of Consent Judgment Interpretations: Nunez v. City of New York Introduction Nunez v. City of New York, decided by the United States Court of Appeals for the Second...

Reinforcement of Adverse Credibility Standards: Inconsistencies and Corroboration in Asylum Adjudications

Date: May 1, 2025

Reinforcement of Adverse Credibility Standards: Inconsistencies and Corroboration in Asylum Adjudications Introduction In Huang v. Bondi, No. 23-6540 (2d Cir. Apr. 30, 2025), the Second Circuit...

Restricting Federal Jurisdiction Over State-Law Claims Involving Federal Tax Code Interpretation

Date: May 1, 2025

Restricting Federal Jurisdiction Over State-Law Claims Involving Federal Tax Code Interpretation Introduction AMTAX Holdings 227, LLC v. CohnReznick LLP, decided April 30, 2025 by the Second Circuit,...

Termination by Mass Withdrawal Does Not Preclude SFA Eligibility Under 29 U.S.C. § 1432(b)(1)(A)

Date: Apr 30, 2025

Termination by Mass Withdrawal Does Not Preclude SFA Eligibility Under 29 U.S.C. § 1432(b)(1)(A) Introduction This commentary examines the United States Court of Appeals for the Second Circuit’s...

Material Omissions and Internal Relocation Standards in Asylum and CAT Adjudications

Date: Apr 30, 2025

Material Omissions and Internal Relocation Standards in Asylum and CAT Adjudications Introduction Hernandez-Hernandez v. Bondi is a Second Circuit summary order issued on April 29, 2025. Petitioners...

Specific Promise Requirement for In-Person Learning in Student-University Implied Contracts under New York Law

Date: Apr 30, 2025

Specific Promise Requirement for In-Person Learning in Student-University Implied Contracts under New York Law Introduction Beck v. Manhattan College, decided by the United States Court of Appeals...

Constructive Employer Liability and Harmless Hearsay: New Frontiers in Hostile Work Environment Litigation in Smart v. USA Labor for Hire, Inc.

Date: Apr 29, 2025

Constructive Employer Liability and Harmless Hearsay: New Frontiers in Hostile Work Environment Litigation in Smart v. USA Labor for Hire, Inc. Introduction Smart v. USA Labor for Hire, Inc. (No....

Previous Next

2d Circuit Case Commentaries

Supportability and Consistency as Cornerstones of Medical Opinion Evaluation under 20 C.F.R. § 416.920c

Xi He v. Bondi: Upholding Frivolous Asylum Findings on Circumstantial Evidence under the Clear and Convincing Standard

United States v. Romeo: No Sixth Amendment Right to Counsel in Post-Judgment Substitute-Asset Forfeiture and CCPA Garnishment Exclusion for Lump-Sum Proceeds

Protecting Foreclosure Surplus Under the Takings Clause: Sikorsky v. City of Newburgh

Defining “Adverse Actions” and Causation in ADA and State Retaliation Claims: Sosa v. NYC DOE

Defining the Contours of Sidebar Presence and Rule 404(b) Admissibility in United States v. Civitello

District Courts’ Broad Discretion to Apply Uniform Percentage Reductions in Section 1988 Fee Awards

Proper Service Determines Applicability of the Forum Defendant Rule in Removal Jurisdiction

Establishing the “Ordinary Person” Standard for Personally Identifiable Information Under the VPPA

Jurisdictional Limits on Appeals of Consent Judgment Interpretations: Nunez v. City of New York

Reinforcement of Adverse Credibility Standards: Inconsistencies and Corroboration in Asylum Adjudications

Restricting Federal Jurisdiction Over State-Law Claims Involving Federal Tax Code Interpretation

Termination by Mass Withdrawal Does Not Preclude SFA Eligibility Under 29 U.S.C. § 1432(b)(1)(A)

Material Omissions and Internal Relocation Standards in Asylum and CAT Adjudications

Specific Promise Requirement for In-Person Learning in Student-University Implied Contracts under New York Law

Constructive Employer Liability and Harmless Hearsay: New Frontiers in Hostile Work Environment Litigation in Smart v. USA Labor for Hire, Inc.

Limits of New York’s Long-Arm Jurisdiction in Correspondent Banking Transactions

Singh v. Bondi: Fundamental Changed Country Conditions Bar Asylum and Related Relief

Business Connections as “Pecuniary Value” & Mandatory Life Terms under 18 U.S.C. § 1958(a)

Presumption of Proper Consideration of Section 3553(a) Factors in §3582(c)(2) Sentencing Reductions