United States v. Halls: A Generic Reference to “Standard Conditions” Is Not a Valid Pronouncement of Non‑Mandatory Supervised Release Terms Second Circuit, Summary Order (Oct. 1, 2025). Panel: Judges...
Borelli v. Bisignano: When Treating Sources Refuse, No Further Duty to Develop; Step-Four Denial May Rest on Ability to Perform the “Previous Specific Job”; Later Favorable Decisions Don’t Compel...
No Cognizable PSG for Generic Police Informants and No Political-Opinion Nexus; CAT Requires Particularized Risk: Second Circuit’s Summary Order in Velecela Rojas v. Bondi Court: United States Court...
Futility Requires Evidence and CAT Demands Official Acquiescence: Guidance from Masaquiza‑Masaquiza v. Bondi (2d Cir. 2025) Note: This decision is a Summary Order of the U.S. Court of Appeals for the...
Compliance with New York’s Health‑Care Vaccine Rule Defeats Title VII Religious-Accommodation Claims Absent a Proposed Duty Change; Short-Term Leave Alone Does Not Plead an ADA Disability Case: Cagle...
Second Circuit Reaffirms Permissibility of §2L1.2 “Double Counting” and Deferential Substantive-Reasonableness Review in Illegal-Reentry Sentencing Introduction In United States v. Garcia-Gonzalez,...
Physical Menace in Vermont Assault-and-Robbery Is a Crime of Violence Under the Guidelines’ Force Clause (Second Circuit Summary Order) Case: United States v. Williams, No. 24-2696-cr (2d Cir. Sept....
Reaffirming a Particularly Deferential Substantive Reasonableness Review: Second Circuit Upholds High-End Guidelines Sentence Despite Lower Recommendations and Aggregate Disparity Data Note: This is...
Reaffirming Pasternack’s Narrow Duty for Drug-Testing Labs: Procedural Irregularities Alone Do Not State Negligence Under New York Law Introduction In Spencer v. Omega Laboratories, Inc., No....
Second Circuit reaffirms: delayed school-location notice does not deny FAPE absent prejudice; overlapping IEP services can satisfy goals without music, hearing, or vision therapies Introduction In...
Unusual Deference to Mandated Reporters Reaffirmed; Consent-Based Home Body Checks Upheld; Qualified Immunity Shields § 1983 “Malicious Prosecution” Theories Based on Article 10 Petitions Commentary...
Abandonment Is Fatal: Second Circuit Reaffirms “One Central Reason” Nexus for Withholding and CAT Acquiescence Requirement; Refers Counsel to Grievance Panel Introduction In Guerrero-Andachz v....
Second Circuit Reinforces Specificity in Software Trade Secrets and Limits NDAs to Information Actually Treated as Confidential — Capricorn Mgmt. Sys., Inc. v. GEICO & CCC (2d Cir. 2025) Court: U.S....
No Interlocutory Appeal of Qualified Immunity Denials When Genuine Fact Disputes Persist: Cornelius v. Luna (2d Cir. 2025) Court: U.S. Court of Appeals for the Second Circuit (Summary Order,...
No Constructive Amendment Where §1344 Indictment Language Subsumes Both Prongs; Second Circuit Reaffirms Deference to “Intended Loss” Commentary and Jointly Undertaken Activity at Sentencing Case:...
“Move Over” Means Move Over: Second Circuit (Nonprecedential) Clarification That N.Y. VTL § 1144-a(b) Mandates a Lane Change (When Safe), Supporting Reasonable Suspicion for a Traffic Stop...
Reaffirming Deference to Sentencing Courts: Above-Guidelines Variance Upheld for Aggravated NFA Possession Involving Discharge and Protective-Order Violations Introduction In United States v....
Channel Stuffing as a Half-Truth: The Second Circuit Confirms 10b-5(b) Liability and Clarifies Scienter and “Truth-on-the-Market” at the Pleading Stage Introduction In Gimpel v. Hain Celestial Group,...
After Delligatti, VICAR Attempted Murder Categorically Supports §924(c) “Crime of Violence”; Stipulated §2K2.1(b)(6)(B) Enhancements Are Effectively Unreviewable Introduction In United States v....
Second Circuit Reaffirms Sloley I: Visual Body Cavity Searches Require Reasonable Suspicion of Concealment Inside a Body Cavity; Erroneous “in or on” Jury Instruction Warrants New Trial Case: Sloley...