Oral Pronouncement or Express Incorporation Required for “Standard” Supervised Release Conditions; Defendant-Requested Special Conditions Are Waived: Commentary on United States v. Wilson (2d Cir....
No Qualified Immunity for Blanket Denial of Access to Existing Congregate Religious Services Absent Penological Justification Introduction In Baltas v. Chapdelaine, No. 22-2813-cv (2d Cir. Sept. 3,...
“Direct and Significant” Means What It Says: Second Circuit Clarifies CEA § 2(i)(1) Extraterritorial Reach and Confirms No Artificial-Price Element for Rule 180.1 Fraud Introduction United States v....
“Restoration Period” Includes Functional Replacement of Lost Data; Audit and Covenant‑Compliance Costs Qualify as Extra Expenses After Electronic Equipment Failure (2d Cir. Summary Order) Case: Ariz....
No Placeholders on Form I-589: Second Circuit Upholds Abandonment for Lack of “Specific Substantive Answers,” Highlights Withholding/CAT Standards, and Flags Counsel Conduct Introduction In...
Second Circuit Holds That Nonpayment of Arbitral Fees Mid‑Arbitration Is Not a “Refusal to Arbitrate” Under FAA § 4 Introduction In Frazier v. X Corp., No. 24-1948 (2d Cir. Sept. 2, 2025), the U.S....
No Oral Hearing Required Under FRAP 46(b)(3) in Reciprocal Discipline; Baseless Judicial-Corruption Accusations Are Unprotected: Commentary on In re Jordan (2d Cir. 2025) Introduction This commentary...
No “Front‑End” Sentence Increases to Offset First Step Act Credits or RDAP: The Second Circuit’s Sentencing Blueprint in United States v. James Introduction United States v. James is a consequential...
Rule 16b-3(d) Board Approval Needs Facts, Not Formal Labels: Second Circuit Clarifies Knowledge Standard for Deputized Directors in Roth v. Armistice Capital Introduction In Roth v. Armistice...
Second Circuit (en banc) Overrules Truscello: All Non‑Mandatory Supervised‑Release Conditions Must Be Pronounced at Sentencing Introduction In United States v. Maiorana, the U.S. Court of Appeals for...
Castro‑Castro v. Bondi: Second Circuit Reaffirms Limits on Reopening and Administrative Closure to Pursue DHS Prosecutorial Discretion; DHS Enforcement Memos Are Not “New Evidence” Court: U.S. Court...
Ambiguity in State Confidentiality Law Defeats “Clearly Established” Prong: Second Circuit Grants Qualified Immunity for VHRC Officials and Confirms the Commission’s Sovereign Immunity Case: Leise v....
Good-Faith Reliance on Cellphone Warrants with Minimal Nexus: The Second Circuit’s Guidance in United States v. Santos Court: U.S. Court of Appeals for the Second Circuit (Summary Order) Date: August...
When “Hypothetical” Risk Factors Mask Realized Risks—and Strategy Labels Mislead: The Second Circuit’s Partial Revival of Peloton Securities Claims Introduction This commentary analyzes the Second...
O’Neill v. Deml: Second Circuit Holds No Duty to Warn Pro Se § 2254 Petitioners About Mixed Petitions, Stays, or AEDPA Deadlines Introduction In O’Neill v. Deml, No. 23-620 (2d Cir. Aug. 27, 2025),...
After Egbert, DHS’s § 287.10 Grievance Scheme Forecloses Bivens Claims Against HSI Agents; Fabrication‑Based False Arrest Presents a New Bivens Context in the Second Circuit Introduction In...
Schnabel Goes Offline: Later‑Sent, Unflagged Arbitration Clauses in Mailed “Welcome Packages” Do Not Bind Absent Clear Notice and Assent Introduction In Sudakow v. CleanChoice Energy, Inc., the...
Depraved‑Mind Attempted Murder Qualifies as a “Crime of Violence” Under the Guidelines: United States v. Delgado (2d Cir. 2025) Introduction United States v. Delgado is a precedential Second Circuit...
Post-Bruen Challenges to Pistol Permit Denials: Second Circuit Reaffirms Absolute Judicial Immunity and Eleventh Amendment Limits on Suits Against State Judges Introduction This commentary analyzes...
Terminal-Only Mandates Are ANCA “Access Restrictions” Even If Valid Under the ADA’s Proprietor Exception In Delux Public Charter v. County of Westchester, the Second Circuit (by summary order) held...