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Permissible Ex Parte Consultations with Probation Officers in Sentencing: United States v. Fletcher 1. Introduction United States v. Fletcher, 23-6693 (2d Cir. Apr. 21, 2025) addresses two core...
Enforceability of Appeal Waivers in Plea Agreements: Scope and Limited Exceptions under Second Circuit Jurisprudence Introduction United States v. Graham, No. 24-292 (2d Cir. Apr. 21, 2025) addresses...
Reaffirming Substantial Evidence Deference and Temporal Limits on Medical Records in SSA Disability Appeals Introduction In Simpson v. Commissioner of Social Security, the U.S. Court of Appeals for...
No Requirement to Consider Co-Defendant Sentencing Disparities: Clarifying §3553(a)(6) in United States v. Villalobos Introduction The Second Circuit’s summary order in United States v. Villalobos...
Affirmation of ALJ’s Substantial Evidence Finding in Social Security Disability Claims Introduction The case Simpson v. Commissioner of Social Security involved plaintiff‐appellant Robert J....
Requirement of Degree-of-Success Adjustment in Lodestar Calculations for § 1988 Fee Awards Introduction Toyota Lease Trust v. Village of Freeport, No. 24-488-cv (2d Cir. Apr. 17, 2025) arose from the...
Clarification of Rule 23(g): Adequacy of Class Counsel and Limits on Preclusion Based on Counsel’s Conduct Introduction Robertson v. Trinity Packaging Corp. was decided on April 17, 2025 by the...
Clarifying Government’s Disclosure Obligations and Supervised Release Cost Conditions in Plea Agreements: United States v. London Introduction United States v. London, 24-817-cr (2d Cir. Apr. 16,...
Clarifying Mitigating Role Reductions and Substantive Reasonableness in Drug Sentencing: United States v. Colorado-Castillo Introduction This commentary examines the Second Circuit’s summary order in...
Scope of Arbitration Clauses in Excess Insurance Policies: Insurer-Policyholder Limitation Introduction In the summary order issued on April 15, 2025, the United States Court of Appeals for the...
Certification of State Law Questions in IDEA Class-Size Disputes: Cruz v. Banks Introduction Cruz v. Banks is a 2025 decision of the Second Circuit that arises under the Individuals with Disabilities...
Losada-Velin v. Bondi: Reinforcing the Nexus Requirement in Asylum Claims Introduction Losada-Velin v. Bondi is a summary order issued by the United States Court of Appeals for the Second Circuit on...
Menu of Options or Cumulative Mandates? Interpreting New York’s IDEA Class-Size Regulations in Cruz v. Banks Introduction Cruz v. Banks is a 2025 decision by the United States Court of Appeals for...
Reaffirming the One-Central-Reason Nexus in Asylum Claims: Losada-Velin v. Bondi Introduction In Losada-Velin v. Bondi, Nos. 23-6269 (2d Cir. Apr. 15, 2025), the Second Circuit reviewed a Board of...
Reaffirmation of the Rebuttable Presumption of Receipt in §1983 Claim Accrual: The Mailbox Rule Upheld in Katergaris v. City of New York Introduction In Katergaris v. City of New York (2d Cir. Apr....
Limitation of Arbitration Clauses to Policyholder–Insurer Disputes in Insurance Contracts Introduction In the summary order In Re: Orion HealthCorp, Inc., decided on April 15, 2025, the United States...
Affirmation of Mailbox Rule Presumption and Rebuttal Standard in §1983 Due Process Claims Introduction Katergaris v. City of New York, No. 24-1889-cv (2d Cir. Apr. 15, 2025), presents a dispute over...
Limited Duty to Redisclose Brady Material Following Pro Se Election: United States v. Kauapirura Introduction United States v. Kauapirura, No. 24-567-cr (2d Cir. Apr. 14, 2025), presents an appeal...
Goldman v. Trinity School of Medicine: Clarifying Purposeful Availment for Non-Domiciliary Institutions under CPLR 302(a)(1) 1. Introduction Goldman v. Trinity School of Medicine (2d Cir. Apr. 14,...
Affirmation of Reasonable-Suspicion Electronic Search Conditions on Supervised Release Introduction The Second Circuit’s decision in United States v. Robinson, No. 23-8022-cr (2d Cir. Apr. 14, 2025),...