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  • Commentaries
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2d Circuit Case Commentaries

REAL ID Act § 1252(a)(4) Bars Habeas Review of CAT Claims in Extradition: Second Circuit Reaffirms the Rule of Non-Inquiry and Finds No Suspension Clause Violation

REAL ID Act § 1252(a)(4) Bars Habeas Review of CAT Claims in Extradition: Second Circuit Reaffirms the Rule of Non-Inquiry and Finds No Suspension Clause Violation

Date: Mar 27, 2025
REAL ID Act § 1252(a)(4) Bars Habeas Review of CAT Claims in Extradition: Second Circuit Reaffirms the Rule of Non-Inquiry and Finds No Suspension Clause Violation Introduction In Kapoor v. DeMarco,...
Second Circuit Certifies FAPA § 7 Retroactivity and State Due Process Questions to the New York Court of Appeals

Second Circuit Certifies FAPA § 7 Retroactivity and State Due Process Questions to the New York Court of Appeals

Date: Mar 26, 2025
Second Circuit Certifies FAPA § 7 Retroactivity and State Due Process Questions to the New York Court of Appeals Introduction In Article 13 LLC v. LaSalle National Bank Association (U.S. Bank, as...
“Demeanor Plus Corroboration”: The Second Circuit’s Refined Test for Adverse-Credibility Findings in Zhu v. Bondi (2025)

“Demeanor Plus Corroboration”: The Second Circuit’s Refined Test for Adverse-Credibility Findings in Zhu v. Bondi (2025)

Date: Mar 26, 2025
“Demeanor Plus Corroboration”: The Second Circuit’s Refined Test for Adverse-Credibility Findings in Zhu v. Bondi (2025) Introduction Case: Zhu v. Bondi, No. 13-4708 (2d Cir. Mar. 25, 2025) – Summary...
Clarifying “Qualified Individuals” Under the ADA: Reasonable Accommodations Not Limited to Necessity

Clarifying “Qualified Individuals” Under the ADA: Reasonable Accommodations Not Limited to Necessity

Date: Mar 26, 2025
Clarifying “Qualified Individuals” Under the ADA: Reasonable Accommodations Not Limited to Necessity Introduction Tudor v. Whitehall Central School District, decided March 25, 2025, by the United...
Clarifying the Nexus Requirement and Waiver Doctrine in Asylum & CAT Claims – Commentary on Acero-Angamarca v. Bondi (2d Cir. 2025)

Clarifying the Nexus Requirement and Waiver Doctrine in Asylum & CAT Claims – Commentary on Acero-Angamarca v. Bondi (2d Cir. 2025)

Date: Mar 26, 2025
Clarifying the Nexus Requirement and Waiver Doctrine in Asylum & CAT Claims: A Comprehensive Commentary on Acero-Angamarca v. Bondi (2d Cir. 2025) Introduction On 25 March 2025, the United States...
Certification of FAPA Retroactivity and Due Process Questions to the New York Court of Appeals

Certification of FAPA Retroactivity and Due Process Questions to the New York Court of Appeals

Date: Mar 26, 2025
Certification of FAPA Retroactivity and Due Process Questions to the New York Court of Appeals 1. Introduction In Article 13 LLC v. LaSalle National Bank Association (No. 23-7247-cv, 2d Cir. Mar. 25,...
Second Circuit Clarifies ADA: Accommodations May Be Required Even If the Employee Can Perform Essential Functions Without Them

Second Circuit Clarifies ADA: Accommodations May Be Required Even If the Employee Can Perform Essential Functions Without Them

Date: Mar 26, 2025
Second Circuit Clarifies ADA: Accommodations May Be Required Even If the Employee Can Perform Essential Functions Without Them Introduction In Tudor v. Whitehall Central School District (2d Cir. Mar....
Reaffirming the Defendant’s Personal Right to Testify: United States v. Abboud (2d Cir. 2025)

Reaffirming the Defendant’s Personal Right to Testify: United States v. Abboud (2d Cir. 2025)

Date: Mar 25, 2025
Reaffirming the Defendant’s Personal Right to Testify: United States v. Abboud (2d Cir. 2025) Introduction United States v. Abboud, No. 23-6054 (2d Cir. Mar. 24, 2025), is a Second Circuit summary...
Clarifying What Constitutes an “Adverse Employment Action” in § 1983 Retaliation Claims – A Commentary on Vasquez v. Yonkers Public School District (2d Cir. 2025)

Clarifying What Constitutes an “Adverse Employment Action” in § 1983 Retaliation Claims – A Commentary on Vasquez v. Yonkers Public School District (2d Cir. 2025)

Date: Mar 25, 2025
Clarifying What Constitutes an “Adverse Employment Action” in § 1983 Retaliation Claims – A Commentary on Vasquez v. Yonkers Public School District (2d Cir. 2025) 1. Introduction Vasquez v. Yonkers...
Actual Notice Is Not Enough: Particularised Falsity & Strict Pleading in Online Defamation – Commentary on LaNasa v. Stiene (2d Cir. 2025)

Actual Notice Is Not Enough: Particularised Falsity & Strict Pleading in Online Defamation – Commentary on LaNasa v. Stiene (2d Cir. 2025)

Date: Mar 25, 2025
Actual Notice Is Not Enough: Particularised Falsity & Strict Pleading in Online Defamation – Commentary on LaNasa v. Stiene (Second Circuit, 2025) 1. Introduction LaNasa v. Stiene arose out of a...
Black v. Dain: Second Circuit Re-Affirms the “Concrete-Damages & Ripeness” Rule for Breach-of-Fiduciary-Duty Claims

Black v. Dain: Second Circuit Re-Affirms the “Concrete-Damages & Ripeness” Rule for Breach-of-Fiduciary-Duty Claims

Date: Mar 25, 2025
Black v. Dain (2d Cir. 2025): Second Circuit Re-Affirms the “Concrete-Damages & Ripeness” Rule for Breach-of-Fiduciary-Duty Claims Introduction Black v. Dain is the latest skirmish in a sprawling,...
Qualified Immunity Affirmed: The Totality of Circumstances as the Benchmark for Arguable Probable Cause in DWI Arrests

Qualified Immunity Affirmed: The Totality of Circumstances as the Benchmark for Arguable Probable Cause in DWI Arrests

Date: Mar 24, 2025
Qualified Immunity Affirmed: The Totality of Circumstances as the Benchmark for Arguable Probable Cause in DWI Arrests Introduction The present commentary examines the recent opinion in Justin...
Enhancing Accountability in Joint Criminal Activity: Affirming the Application of the U.S.S.G. Cross-Reference for Murder

Enhancing Accountability in Joint Criminal Activity: Affirming the Application of the U.S.S.G. Cross-Reference for Murder

Date: Mar 24, 2025
Enhancing Accountability in Joint Criminal Activity: Affirming the Application of the U.S.S.G. Cross-Reference for Murder Introduction This commentary examines the recent decision by the United...
Mandatory Screening Compensation: A New Interpretation of “Hours Worked” Under Connecticut Wage Laws

Mandatory Screening Compensation: A New Interpretation of “Hours Worked” Under Connecticut Wage Laws

Date: Mar 24, 2025
Mandatory Screening Compensation: A New Interpretation of “Hours Worked” Under Connecticut Wage Laws Introduction The case of Javier Del Rio, Colin Meunier, and Aaron Delaroche v. Amazon.com.dedc,...
Navigators v. Goyard: Remand on Ambiguity in SR&CC Coverage and the Role of Extrinsic Evidence

Navigators v. Goyard: Remand on Ambiguity in SR&CC Coverage and the Role of Extrinsic Evidence

Date: Mar 24, 2025
Navigators v. Goyard: Remand on Ambiguity in SR&CC Coverage and the Role of Extrinsic Evidence Introduction This commentary examines the recent judgment in Navigators Insurance Company v. Goyard,...
Affirming Substantive Reasonableness: A New Approach to Sentencing in Fentanyl Distribution Cases

Affirming Substantive Reasonableness: A New Approach to Sentencing in Fentanyl Distribution Cases

Date: Mar 24, 2025
Affirming Substantive Reasonableness: A New Approach to Sentencing in Fentanyl Distribution Cases Introduction In the case UNITED STATES OF AMERICA v. JEREMIAH PEREZ, the United States Court of...
United States v. Singh: Second Circuit Re-affirmation of the High Bar for Reversal Based on Evidentiary Rulings, Joint Trials, and Supervised-Release Conditions

United States v. Singh: Second Circuit Re-affirmation of the High Bar for Reversal Based on Evidentiary Rulings, Joint Trials, and Supervised-Release Conditions

Date: Mar 22, 2025
United States v. Singh: Second Circuit Re-affirmation of the High Bar for Reversal Based on Evidentiary Rulings, Joint Trials, and Supervised-Release Conditions Introduction United States v. Singh,...
Re-affirming Sovereign and Quasi-Judicial Immunity in Attorney Discipline: A Commentary on Salis v. DoPico (2d Cir. 2025)

Re-affirming Sovereign and Quasi-Judicial Immunity in Attorney Discipline: A Commentary on Salis v. DoPico (2d Cir. 2025)

Date: Mar 22, 2025
Re-affirming Sovereign and Quasi-Judicial Immunity in Attorney Discipline: A Comprehensive Commentary on Salis v. DoPico (2d Cir. 2025) 1. Introduction Background. In Salis v. DoPico, the Second...
Consistent Child-Victim Statements Alone May Create “Arguable Probable Cause”: An Analysis of Jimenez v. Bogle (2d Cir. 2025)

Consistent Child-Victim Statements Alone May Create “Arguable Probable Cause”: An Analysis of Jimenez v. Bogle (2d Cir. 2025)

Date: Mar 22, 2025
Consistent Child-Victim Statements Alone May Create “Arguable Probable Cause”: An Analysis of Jimenez v. Bogle (2d Cir. 2025) Introduction On 21 March 2025 the United States Court of Appeals for the...
“Assumption at the Effective Date” – The Second Circuit Clarifies When Executory Contracts Are Deemed Assumed and the Consequent Bar to Preference Actions

“Assumption at the Effective Date” – The Second Circuit Clarifies When Executory Contracts Are Deemed Assumed and the Consequent Bar to Preference Actions

Date: Mar 22, 2025
“Assumption at the Effective Date” – The Second Circuit Clarifies When Executory Contracts Are Deemed Assumed and the Consequent Bar to Preference Actions 1. Introduction In In re: Décor Holdings,...
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