2d Circuit Case Commentaries

Probable Cause Based on Mannerism Identification Bars Section 1983 False Arrest and Malicious Prosecution Claims

Date: Apr 1, 2025

Probable Cause Based on Mannerism Identification Bars Section 1983 False Arrest and Malicious Prosecution Claims Introduction In Heredia v. City of New York, the United States Court of Appeals for...

Probable Cause via Manneristic Identification and Indictment Presumption: The Heredia Precedent

Date: Apr 1, 2025

Probable Cause via Manneristic Identification and Indictment Presumption: The Heredia Precedent Introduction This commentary examines the Second Circuit’s summary order in Heredia v. City of New...

Behavior‐Based Probable Cause and Grand Jury Presumption in §1983 Claims: Heredia v. City of New York

Date: Apr 1, 2025

Behavior‐Based Probable Cause and Grand Jury Presumption in §1983 Claims: Heredia v. City of New York 1. Introduction The case of Heredia v. City of New York reached the United States Court of...

Comparator Allegations and Pleading Discrimination: Mitchell v. NYC DOE

Date: Apr 1, 2025

Comparator Allegations and Pleading Discrimination: Mitchell v. NYC DOE Introduction Mitchell v. New York City Department of Education, decided March 31, 2025 by the Second Circuit, addresses how a...

Behavioral Identification and Access Knowledge as Constitutive Elements of Probable Cause in False Arrest and Malicious Prosecution Claims

Date: Apr 1, 2025

Behavioral Identification and Access Knowledge as Constitutive Elements of Probable Cause in False Arrest and Malicious Prosecution Claims Introduction Heredia v. City of New York, 24-1185-cv (2d...

Tatari v. Dürüst: Approval-to-Relocate Clauses in Foreign Divorce Decrees Are “Custody Rights” Under the Hague Convention

Date: Mar 29, 2025

Tatari v. Dürüst: Approval-to-Relocate Clauses in Foreign Divorce Decrees Are “Custody Rights” Under the Hague Convention Introduction The Second Circuit’s summary order in Tatari v. Dürüst,...

“From Broker to Beneficiary” – Second Circuit Affirms that Generic “Agent” Release Clauses Encompass Insurance Brokers and Require Justifiable Reliance for Fraudulent-Inducement Challenges

Date: Mar 29, 2025

“From Broker to Beneficiary” – Second Circuit Affirms that Generic “Agent” Release Clauses Encompass Insurance Brokers and Require Justifiable Reliance for Fraudulent-Inducement Challenges 1....

Mutual-Exchange Required for §2G2.2(b)(3)(B) Enhancement; Courts, Not Probation, Must Decide Single-Device Limits on Supervised Release

Date: Mar 29, 2025

Mutual-Exchange Required for §2G2.2(b)(3)(B) Enhancement; Courts, Not Probation, Must Decide Single-Device Limits on Supervised Release Introduction In United States v. Darrah, No. 23-7001-cr (2d...

United States v. Watkins (2d Cir. 2025): Expanding “Good-Cause” Hearsay Admissibility Where Domestic-Violence Victims Fear Testifying

Date: Mar 29, 2025

United States v. Watkins (2d Cir. 2025): Expanding “Good-Cause” Hearsay Admissibility Where Domestic-Violence Victims Fear Testifying 1. Introduction United States v. Watkins, No. 23-7648 (2d Cir....

Second Circuit Reiterates Political-Opinion Nexus Requirement in Asylum Law – Commentary on Calle-Durazno v. Bondi (2025)

Date: Mar 29, 2025

Second Circuit Reiterates Political-Opinion Nexus Requirement in Asylum Law Commentary on Calle-Durazno v. Bondi, No. 23-6076 (2d Cir. Mar. 28, 2025) Introduction Calle-Durazno v. Bondi is a 2025...

Mutual Exchange Requirement in U.S.S.G. §2G2.2(b)(3)(B) and Limits on Delegation of Supervised Release Conditions

Date: Mar 29, 2025

Mutual Exchange Requirement in U.S.S.G. §2G2.2(b)(3)(B) and Limits on Delegation of Supervised Release Conditions Introduction United States v. Darrah, 23-7001-cr (2d Cir. Mar. 28, 2025), presents...

Clarifying “Exchange” Under Amended U.S.S.G. §2G2.2(b)(3)(B) and Supervisory Device Restrictions

Date: Mar 29, 2025

Clarifying “Exchange” Under Amended U.S.S.G. §2G2.2(b)(3)(B) and Supervisory Device Restrictions Introduction The Second Circuit’s decision in United States v. Darrah, No. 23-7001-cr (2d Cir. Mar....

“Reaffirming Statistical Specificity and Comparator Consistency in Discrimination Pleadings” – A Commentary on Moss v. Board of Education of the Sachem Central School District (2d Cir. 2025)

Date: Mar 29, 2025

Reaffirming Statistical Specificity and Comparator Consistency in Discrimination Pleadings Commentary on Moss v. Board of Education of the Sachem Central School District, 24-2096-cv (2d Cir. Mar. 28...

Clarifying the Criticality of Corroboration and Issue Preservation in Asylum Litigation: A Commentary on Pina-Pina v. Bondi (2d Cir. 2025)

Date: Mar 28, 2025

Clarifying the Criticality of Corroboration and Issue Preservation in Asylum Litigation: A Commentary on Pina-Pina v. Bondi (2d Cir. 2025) 1. Introduction In Pina-Pina v. Bondi, the United States...

Establishing Objective Recklessness: Deliberate Indifference and Suicide Risk for Pretrial Detainees

Date: Mar 28, 2025

Establishing Objective Recklessness: Deliberate Indifference and Suicide Risk for Pretrial Detainees Introduction This commentary examines the Second Circuit’s decision in Lara-Grimaldi v. County of...

Lara‑Grimaldi and the Objective Deliberate Indifference Standard: Holistic Suicide‑Risk Assessment and Limits on Summary Judgment in Pretrial Detainee Cases

Date: Mar 28, 2025

Lara‑Grimaldi and the Objective Deliberate Indifference Standard: Holistic Suicide‑Risk Assessment and Limits on Summary Judgment in Pretrial Detainee Cases Introduction In Lara‑Grimaldi v. County of...

Second Circuit Affirms Rigorous Res Judicata Barrier to Re-Pleaded Antitrust Claims Based on Post-Litigation “Merger” Allegations – Commentary on Go N.Y. Tours Inc. v. Gray Line N.Y. Tours, Inc. (2025)

Date: Mar 28, 2025

Second Circuit Affirms Rigorous Res Judicata Barrier to Re-Pleaded Antitrust Claims Based on Post-Litigation “Merger” Allegations Commentary on Go N.Y. Tours Inc. v. Gray Line N.Y. Tours, Inc.,...

“Minimal-Articulation” Suffices: The Second Circuit Confirms the Limited Duty of ALJs to Explain Symptom and Medical-Opinion Findings under 20 C.F.R. § 404.1520c

Date: Mar 27, 2025

“Minimal-Articulation” Suffices: The Second Circuit Confirms the Limited Duty of ALJs to Explain Symptom and Medical-Opinion Findings under 20 C.F.R. § 404.1520c 1. Introduction Woods v. Commissioner...

Requiring Explicit “More Discerning Observer” Analysis Before Extending Preliminary Injunctions to Redesigned Products – Commentary on Lego A/S v. Zuru Inc. (2d Cir. 2025)

Date: Mar 27, 2025

Requiring Explicit “More Discerning Observer” Analysis Before Extending Preliminary Injunctions to Redesigned Products Comprehensive Commentary on Lego A/S v. Zuru Inc., United States Court of...

Congress’s Exclusive Habeas Jurisdiction over CAT Claims in Extradition: Interpretation of 8 U.S.C. § 1252(a)(4)

Date: Mar 27, 2025

Congress’s Exclusive Habeas Jurisdiction over CAT Claims in Extradition: Interpretation of 8 U.S.C. § 1252(a)(4) Introduction This commentary examines the Second Circuit’s March 26, 2025 decision in...

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