Clarifying the “Unable-or-Unwilling” Government Standard and the Futility Exception in Asylum & CAT Claims – Commentary on Yunga Uyaguari v. Bondi (2d Cir. 2025) 1. Introduction Yunga Uyaguari v....
“Meaningfully-Constrain” Test Confirmed: The Second Circuit Upholds 18 U.S.C. § 922(a)(3) in United States v. Perez 1. Introduction On 19 August 2025 the United States Court of Appeals for the Second...
“Ascertainability” and the 30-Day Removal Clock under § 1446(b)(3): A Comprehensive Commentary on Vermont v. 3M Co. (2d Cir. 2025) 1. Introduction The Second Circuit’s decision in Vermont v. 3M Co.,...
Collins v. Northeast Grocery, Inc.: Second Circuit Implements Cunningham and Lowers the Pleading Bar for ERISA §1106(a) Prohibited-Transaction Claims 1. Introduction On 18 August 2025 the United...
United States v. Perryman – Second Circuit Clarifies Use of “Intended Loss” Under § 2X1.1 in Conspiracy-Based Health-Care Fraud Sentencing Introduction In United States v. Perryman, No. 24-1729-cr...
“No Injury, No Standing” – The Second Circuit Mandates Individualized Loss for ERISA 401(k) Plaintiffs in Collins v. Northeast Grocery, LLC 1. Introduction The U.S. Court of Appeals for the Second...
Accrual-Point and Jurisdictional Deference under 28 U.S.C. § 2467 – Commentary on In Re Enforcement of Philippine Forfeiture Judgment, 24-185(L) (2d Cir. 2025) 1. Introduction On 18 August 2025 the...
Kellogg v. Nichols: The Second Circuit Bars § 1983 Declaratory and Injunctive Relief Against State Judges Serving as Firearms Licensing Officers 1. Introduction Kellogg v. Nichols, No. 23-8093-cv (2d...
“Proximity-and-Accessibility” as the Determinative Nexus & Plain-Error Limits on Predicate Switching: A Comprehensive Commentary on United States v. Prawl (2d Cir. 2025) Introduction United States v....
Second Circuit Redefines the 90-Day Deficiency Deadline: I.R.C. § 6213(a) Deemed Non-Jurisdictional and Subject to Equitable Tolling I. Introduction In Buller v. Commissioner, No. 24-1557 (2d Cir....
“Arbitration in Name Only” – Second Circuit Refines the FAA’s Limits in Flores v. N.Y. Football Giants 1. Introduction The United States Court of Appeals for the Second Circuit has delivered a...
Continuances after Patel: Second Circuit Confirms Judicial Review & Re-states the “Good-Cause/Prima-Facie–Eligibility” Test – Commentary on Hernandez Flores v. Bondi (2025) 1. Introduction Hernandez...
Employer Assurances Can Nullify Broad Release: The “Knowing-and-Voluntary” Standard Re-Defined in Schuyler v. Sun Life Assurance Company of Canada Introduction On 14 August 2025 the United States...
Debit-Card Numbers and PINs as “Means of Identification”: A Structured Commentary on United States v. Constantinescu, 91 F.4th ___ (2d Cir. 2025) 1. Introduction The Second Circuit’s decision in...
Clarifying the Boundary Between Medical Screening and Strip Search: Sanchez v. Binghamton City School District 1. Introduction Sanchez v. Binghamton City School District, No. 24-2125-cv, decided by...
“Public Reprimand as a Stand-Alone Sanction for Lapsed or Non-Member Counsel” Commentary on In Re Cruikshank, 22-90079 (2d Cir. Aug. 13, 2025) 1. Introduction In In Re Cruikshank, the United States...
Clarifying “Cause” for Dismissal of Involuntary Bankruptcy Petitions and the Limits of Appellate Jurisdiction over § 303(i) Fee Awards 1. Introduction In Re: Valuex Research, LLC concerns creditors...
Clarifying Prevailing-Party Status and Recognising Joint Trademark Ownership: Commentary on Zioness Movement, Inc. v. The Lawfare Project, Inc. (2d Cir. 2025) Introduction The Second Circuit's...
“No Legislative Short-Cut to Article III”: The Second Circuit Rejects “Congressionally-Authorized Representational Standing” and Clarifies Mootness Procedure — Commentary on A.H. v. N.Y. State Dep’t...
“The Carew Principle” No Per-Se Duty on Defence Counsel to Pursue a Batson Remedy – Court of Appeals for the Second Circuit, 2025 1. Introduction In Carew v. Morton, the United States Court of...