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  • Commentaries
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2d Circuit Case Commentaries

Balancing Statutory Factors in Speedy Trial Act Dismissals: Discretionary Remedy Affirmed in United States v. Pikus

Balancing Statutory Factors in Speedy Trial Act Dismissals: Discretionary Remedy Affirmed in United States v. Pikus

Date: Apr 29, 2025
Balancing Statutory Factors in Speedy Trial Act Dismissals: Discretionary Remedy Affirmed in United States v. Pikus Introduction United States v. Pikus, No. 24-1262-cr (2d Cir. Apr. 28, 2025),...
Narrowing Rooker-Feldman: Third-Party §1983 Claims for Misconduct in State Court Demolition Orders

Narrowing Rooker-Feldman: Third-Party §1983 Claims for Misconduct in State Court Demolition Orders

Date: Apr 29, 2025
Narrowing Rooker-Feldman: Third-Party §1983 Claims for Misconduct in State Court Demolition Orders 1. Introduction Almazon v. Town of Oyster Bay (2d Cir. Apr. 28, 2025) presents a pro se challenge...
Clarification of Requirements for Upward Variance and Special Conditions of Supervised Release

Clarification of Requirements for Upward Variance and Special Conditions of Supervised Release

Date: Apr 26, 2025
Clarification of Requirements for Upward Variance and Special Conditions of Supervised Release Introduction United States v. Cook, decided April 25, 2025 by the Second Circuit in a summary order...
Clarifying Accrual and Statute-of-Limitations for GBL §§349–350 Claims: Injury Upon Premium Payment as Trigger

Clarifying Accrual and Statute-of-Limitations for GBL §§349–350 Claims: Injury Upon Premium Payment as Trigger

Date: Apr 26, 2025
Clarifying Accrual and Statute-of-Limitations for GBL §§349–350 Claims: Injury Upon Premium Payment as Trigger Introduction The Second Circuit’s summary order in Nachman v. Tesla, Inc., 24-2362 (2d...
Affirming Admissibility of Co-Conspirator Statements and Excluding Wharton's Rule in Honest Services Fraud Conspiracies

Affirming Admissibility of Co-Conspirator Statements and Excluding Wharton's Rule in Honest Services Fraud Conspiracies

Date: Apr 26, 2025
Affirming Admissibility of Co-Conspirator Statements and Excluding Wharton's Rule in Honest Services Fraud Conspiracies Introduction United States v. Maharaj is a Second Circuit summary order decided...
Clarifying the Use of Arrest Records and Section 3553(a)(2)(A) Factors in Supervised Release Revocation Sentencing

Clarifying the Use of Arrest Records and Section 3553(a)(2)(A) Factors in Supervised Release Revocation Sentencing

Date: Apr 26, 2025
Clarifying the Use of Arrest Records and Section 3553(a)(2)(A) Factors in Supervised Release Revocation Sentencing Introduction United States v. Gregory (2d Cir. Apr. 25, 2025) addresses two...
Elavon v. Katz: Principal Place of Business Dictates Accrual Under C.P.L.R. 202 for Corporate Plaintiffs

Elavon v. Katz: Principal Place of Business Dictates Accrual Under C.P.L.R. 202 for Corporate Plaintiffs

Date: Apr 26, 2025
Elavon v. Katz: Principal Place of Business Dictates Accrual Under C.P.L.R. 202 for Corporate Plaintiffs Introduction In Elavon, Inc. v. Katz, the Second Circuit affirmed the Eastern District of New...
Clarifying the Futility Exception in ADEA Prima Facie Cases: Cohen v. Arnot Health, Inc.

Clarifying the Futility Exception in ADEA Prima Facie Cases: Cohen v. Arnot Health, Inc.

Date: Apr 26, 2025
Clarifying the Futility Exception in ADEA Prima Facie Cases Introduction Cohen v. Arnot Health, Inc. is a summary order from the United States Court of Appeals for the Second Circuit, decided April...
Substantial Evidence Over Treating‐Physician Deference in LHWCA Disability Claims

Substantial Evidence Over Treating‐Physician Deference in LHWCA Disability Claims

Date: Apr 26, 2025
Substantial Evidence Over Treating‐Physician Deference in LHWCA Disability Claims Introduction Dedic v. Fluor Federal, decided April 25, 2025 by the United States Court of Appeals for the Second...
Expanded Tolling Under the FTCA’s Continuous Treatment Doctrine in Carroll v. United States

Expanded Tolling Under the FTCA’s Continuous Treatment Doctrine in Carroll v. United States

Date: Apr 26, 2025
Expanded Tolling Under the FTCA’s Continuous Treatment Doctrine in Carroll v. United States Introduction Carroll v. United States (2d Cir. Apr. 25, 2025) addresses the scope of the “continuous...
Delegated Arbitrability and District Court Jurisdiction to Confirm Arbitration Awards Post-FAA §3 Stay

Delegated Arbitrability and District Court Jurisdiction to Confirm Arbitration Awards Post-FAA §3 Stay

Date: Apr 26, 2025
Delegated Arbitrability and District Court Jurisdiction to Confirm Arbitration Awards Post-FAA §3 Stay Introduction Jules v. Andre Balazs Properties is a Second Circuit summary order issued April 25,...
Refusal to Pay Extortion Demands by Criminal Gangs Does Not Establish Nexus to a Protected Ground for Asylum

Refusal to Pay Extortion Demands by Criminal Gangs Does Not Establish Nexus to a Protected Ground for Asylum

Date: Apr 25, 2025
Refusal to Pay Extortion Demands by Criminal Gangs Does Not Establish Nexus to a Protected Ground for Asylum Introduction Quichimbo-Caracundo v. Bondi is a summary order issued on April 24, 2025, by...
Clarification of Nexus and Corroboration Standards in Asylum Proceedings: Mahmud v. Bondi

Clarification of Nexus and Corroboration Standards in Asylum Proceedings: Mahmud v. Bondi

Date: Apr 25, 2025
Clarification of Nexus and Corroboration Standards in Asylum Proceedings: Mahmud v. Bondi Introduction The Second Circuit’s summary order in Mahmud v. Bondi (23-6043, April 24, 2025) addresses...
Isolated Threats and Prior Safe Relocation: Limits on Asylum Claims from Private-Actor Violence

Isolated Threats and Prior Safe Relocation: Limits on Asylum Claims from Private-Actor Violence

Date: Apr 25, 2025
Isolated Threats and Prior Safe Relocation: Limits on Asylum Claims from Private-Actor Violence Introduction This commentary examines the Second Circuit’s summary order in Ixcoy Sica v. Bondi,...
Linton v. Zorn: Pain-Compliance on Passive Resistors Exceeds Fourth Amendment Bounds

Linton v. Zorn: Pain-Compliance on Passive Resistors Exceeds Fourth Amendment Bounds

Date: Apr 25, 2025
Linton v. Zorn: Pain-Compliance on Passive Resistors Exceeds Fourth Amendment Bounds Introduction The Second Circuit’s April 24, 2025 decision in Linton v. Zorn arises out of a January 2015 sit-in...
Demonstrating Racial Motivation in Hostile Work Environment Claims: Title VII’s Evidentiary Threshold Clarified

Demonstrating Racial Motivation in Hostile Work Environment Claims: Title VII’s Evidentiary Threshold Clarified

Date: Apr 24, 2025
Demonstrating Racial Motivation in Hostile Work Environment Claims: Title VII’s Evidentiary Threshold Clarified Introduction Browne v. New York State Department of Corrections and Community...
Esteban-Ramirez v. Bondi: Exclusion of “Witness to a Crime” as a Particular Social Group and Mandatory CAT Claim Exhaustion

Esteban-Ramirez v. Bondi: Exclusion of “Witness to a Crime” as a Particular Social Group and Mandatory CAT Claim Exhaustion

Date: Apr 23, 2025
Esteban-Ramirez v. Bondi: Exclusion of “Witness to a Crime” as a Particular Social Group and Mandatory CAT Claim Exhaustion Introduction In Esteban-Ramirez v. Bondi, 22-6434 (2d Cir. Apr. 22, 2025),...
United States v. Acevedo: Standards for Sufficiency and Jury Instruction in 18 U.S.C. §1959(a)(1) Murder in Aid of Racketeering

United States v. Acevedo: Standards for Sufficiency and Jury Instruction in 18 U.S.C. §1959(a)(1) Murder in Aid of Racketeering

Date: Apr 23, 2025
United States v. Acevedo: Standards for Sufficiency and Jury Instruction in 18 U.S.C. §1959(a)(1) Murder in Aid of Racketeering Introduction United States v. Acevedo (2d Cir. 2025) is a summary order...
Pan v. City of Niagara Falls: Federal Limits on §1983 Claims – Sovereign Immunity, Tax Injunction Act, and the Class-of-One Equal Protection Doctrine

Pan v. City of Niagara Falls: Federal Limits on §1983 Claims – Sovereign Immunity, Tax Injunction Act, and the Class-of-One Equal Protection Doctrine

Date: Apr 23, 2025
Pan v. City of Niagara Falls: Federal Limits on §1983 Claims – Sovereign Immunity, Tax Injunction Act, and the Class-of-One Equal Protection Doctrine Introduction Pan v. City of Niagara Falls,...
Pattern-Based Evidence and Sentencing Discretion in Armed Spree Robbery: United States v. Hampton

Pattern-Based Evidence and Sentencing Discretion in Armed Spree Robbery: United States v. Hampton

Date: Apr 22, 2025
Pattern-Based Evidence and Sentencing Discretion in Armed Spree Robbery: United States v. Hampton Introduction United States v. Hampton (2d Cir. Apr. 21, 2025) concerns the appeal of Justin Hampton,...
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