PLRA Grievances Must Signal Retaliation; Evidence Beyond Disagreement or Injury‑Free Delay Needed to Survive Summary Judgment on Prison Medical Claims Editorial note: This is a Second Circuit summary...
Mootness of § 1443 Removal Appeals After State Discontinuance—and Vacatur as the Default Remedy Case: Town of Newburgh v. Newburgh EOM LLC (d/b/a Crossroads Hotels) Court: United States Court of...
Respondent Must Invoke Right to Review Evidence: Second Circuit Reads 8 C.F.R. § 1240.10(a)(4) as Advisory Only and Reaffirms Presumption of Competence in Removal Proceedings Note: This is a summary...
Clarifying “Antitrust Injury” vs. Substantive Pleading and Reaffirming Rule‑of‑Reason Requirements for Vertical Restraints: Amigo Shuttle v. Port Authority (2d Cir. 2025) Court: U.S. Court of Appeals...
NCMEC Is a Governmental Entity for Fourth Amendment Purposes, But ESP Hash-Matching Alone Does Not Make Providers Government Agents Comprehensive Commentary on United States v. Guard, No. 23-6886 (2d...
Accommodation Cannot Compel Illegality: Second Circuit Reaffirms that Title VII Does Not Require Employers to Violate State Vaccination Rules, and Uniform Mandates Do Not Support ADA “Regarded As”...
Device‑Location Data Is CPNI Under § 222: Second Circuit Upholds FCC Forfeiture and Clarifies Seventh Amendment Path via § 504(a) Introduction This commentary analyzes the Second Circuit’s decision...
For Pre‑2021 Asylum Filings, Past Persecution Triggers a Presumption that Internal Relocation Is Unreasonable—Burden Rests with DHS (Sahni v. Bondi) Introduction This commentary analyzes the Second...
Second Circuit: Rule 37(b) Attorney Sanctions—Including MDL Leadership Removal and Common Benefit Restrictions—Are Not Immediately Appealable Under the Collateral Order Doctrine Introduction In In...
New York Claim Preclusion Reaffirmed: “Convenient Trial Unit” Is Non‑Dispositive; Different Contracts Do Not Avoid Res Judicata When Tied to the Same Transactional Nucleus Introduction This...
Content-Neutral, Not Content-Based: Second Circuit Holds New York’s UPL Restrictions on One-to-One Legal Advice Are Subject to Intermediate Scrutiny Introduction In Upsolve, Inc. v. James, the United...
Walton v. Comfort Systems: Fire Alarm Testing and Inspection Is Covered “Maintenance” Under NYLL § 220; Second Circuit Certifies Whether the Prevailing-Wage Promise Is Implied in All Public Works...
Neutral Laws Require Neutral Enforcement: Second Circuit Holds that Hostility-Tainted Discipline by a State Athletics Association Violates the Free Exercise Clause Introduction In Mid Vermont...
Second Circuit Reaffirms Strict Pleading, Causation, and Timeliness Requirements for Hybrid § 301/Duty of Fair Representation Claims: Goodman v. Local 804 (IBT) & UPS Note: This disposition is a...
Footnotes Don’t Preserve Arguments: Second Circuit’s Waiver Ruling on Grokster-Based “Right and Ability to Control” under DMCA §512(c) in Capitol Records v. Vimeo (Rehearing) Introduction This...
Applying Maiorana, the Second Circuit Confirms Incorporation-by-Reference of Supervised-Release Conditions and Upholds Broad Reasonable-Suspicion Search Condition: United States v. Gomez Introduction...
Punitive Damages in New York Defamation Need Not Be “Sole-Motive” Malice and Are Proven by a Preponderance: The Second Circuit’s Clarification in Carroll v. Trump Introduction In Carroll v. Trump,...
Temporal Proximity Must Be Very Close: One-Year Gap and Isolated Stray Remarks Are Insufficient to Plausibly Plead Discrimination or Retaliation under Title VII, NYSHRL, and NYCHRL Introduction This...
Medication-Compliance Clarifications and Reasonable‑Suspicion Digital‑Search Conditions on Supervised Release: The Second Circuit’s Guidance in United States v. Woods (Summary Order) Court: U.S....
No Constructive Amendment From Alternative MNPI Inferences; SDNY Venue Firmly Grounded for Nasdaq Trades: Commentary on United States v. Dagar (2d Cir. 2025) Note on precedential status: The decision...