Ambiguity in Pro Se Filing Timing and Accrual of False Imprisonment Precludes 12(b)(6) Time-Bar Dismissal Introduction In a nonprecedential but instructive summary order, the United States Court of...
No “In-for-One, In-for-All” Duty for Non‑Insurer Indemnitors Under Illinois Law: Second Circuit’s Predictive Ruling in BP Products North America Inc. v. ExxonMobil Corp. (Summary Order) Introduction...
Second Circuit reaffirms: Gang defection is not “political opinion” and CAT relief demands individualized proof and government acquiescence Introduction In Ramirez Alvarado v. Bondi (No. 21-6603,...
Umarov v. Bondi: Second Circuit Reaffirms Nonreviewability of BIA’s Sua Sponte Reopening and Declines to Treat Pereira/Niz‑Chavez Eligibility as Exceptional Introduction In a nonprecedential summary...
Moslem (2d Cir. 2025): Harmless Ciminelli Instruction Error, Intended-Loss Sentencing, and Dubin’s “Who” Standard for Aggravated Identity Theft Note on precedential status: The court labeled this a...
Municipal Inaction Toward DEI/Implicit-Bias Trainings Can Constitute a Monell Policy Creating a Hostile Work Environment: Commentary on Chislett v. N.Y.C. Department of Education (2d Cir. 2025)...
Vaghari v. Bondi: Second Circuit Reaffirms the “Actual Receipt” Inquiry and Demands Evidence-Based Analysis for Rescinding In Absentia Orders Introduction In Vaghari v. Bondi (No. 23-6727, Sept. 25,...
Aesthetic-Harm Standing for Cultural Monuments, but No Due Process Right to City-Owned Statues Italian-American Defense League v. City of New Haven, No. 24-2877 (2d Cir. Sept. 25, 2025) (summary...
Repeated Unwanted Touching Can Be “Severe or Pervasive” Under § 1983 and NYSHRL; Stray Sexist Remarks Do Not Establish Intent; Remedial Response Defeats Monell Deliberate-Indifference Theory Case:...
Reaffirming the “At-Risk” Trigger for Asylum Timeliness and the Evidentiary Demands for Diaspora Activism: The Second Circuit’s Summary Order in Huang v. Bondi Introduction In Huang v. Bondi (No....
Aguilar-Morales v. Bondi: Second Circuit Reaffirms Waivability of NTA Time-and-Place Defects and Demands a Non-Incidental Nexus for Family and Imputed-Political-Opinion Claims Court: U.S. Court of...
No Victim-Identity Limit for FDCA § 333(a)(2); FDCA § 334 Is Not a Civil Forfeiture Statute United States v. Fishman, Giannelli, Nos. 22-1600-cr (L), 22-2063-cr (C), 23-6819-cv (C) — U.S. Court of...
Uncorroborated Recantations Do Not Justify Coram Nobis: Second Circuit Affirms Denial Without Evidentiary Hearing in Nkansah v. United States Court: U.S. Court of Appeals for the Second Circuit...
Oppedisano v. Zur: Second Circuit Reaffirms Loss‑Sharing as Indispensable to Implied Partnerships Under New York Law and Rejects Declaratory Workarounds to Unjust Enrichment Time Bars Note: The...
Foreseeability of Co‑Conspirator Death Threats and Broad Electronic‑Device Search Conditions: The Second Circuit’s Summary Affirmance in United States v. Deloatch Note: This decision is a Second...
“Sensitive Places” in the Modern City: Times Square and Public Transit Upheld; Open-Carry Bans and City-Specific Permits Presumptively Constitutional after Bruen Introduction In Frey v. City of New...
Second Circuit Reaffirms Braswell’s Act‑of‑Production Bar at Trial and Imposes Single‑Recovery Rule for Co‑Conspirator Forfeiture Under § 981 Introduction United States v. Costanzo is a Second...
United States v. Valdez: Oral Sentencing Controls Over Unpronounced Supervised-Release Conditions; Tailored Minor-Contact Restrictions Upheld Introduction In United States v. Valdez, No. 23-6482 (2d...
No Bright-Line 30-Day Rule and Pre-Enforcement Standing for Training-Arrest Threats: The Second Circuit’s Post-Bruen Roadmap in Giambalvo v. Suffolk County Introduction In Giambalvo v. Suffolk...
No Summons Before IFP Screening; Plausibility Requires Facts: Second Circuit Affirms § 1915(e) Dismissal in Lewis v. Redline Hockey Introduction In Lewis v. Redline Hockey, LLC, No. 24-1342-cv (2d...