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  • Commentaries
  • Judgments

2d Circuit Case Commentaries

The “De-Facto Continuation” Doctrine in Prison Health Care: A Commentary on Daniels v. Moores (2d Cir. 2025)

The “De-Facto Continuation” Doctrine in Prison Health Care: A Commentary on Daniels v. Moores (2d Cir. 2025)

Date: Mar 22, 2025
The “De-Facto Continuation” Doctrine in Prison Health Care: Daniels v. Moores (2d Cir. 2025) 1. Introduction Daniels v. Moores is a consolidated prison-conditions appeal arising from the United...
Second Circuit Re-Affirms the High Bar for Duty-of-Fair-Representation Claims Arising from Pension-Plan Elections

Second Circuit Re-Affirms the High Bar for Duty-of-Fair-Representation Claims Arising from Pension-Plan Elections

Date: Mar 22, 2025
Second Circuit Re-Affirms the High Bar for Duty-of-Fair-Representation Claims Arising from Pension-Plan Elections Introduction In Scales v. Hotel Trades Council of New York Local 6, No. 23-873-cv (2d...
Conduct-Based Adoption of Unsigned CBAs: Demopoulos v. United Metro Energy Corp.

Conduct-Based Adoption of Unsigned CBAs: Demopoulos v. United Metro Energy Corp.

Date: Mar 22, 2025
Conduct-Based Adoption of Unsigned Collective Bargaining Agreements and Mandatory Audit Compliance Commentary on Demopoulos v. United Metro Energy Corp., 24-1684-cv (2d Cir. 2025) 1. Introduction...
Requirement of True Threats in Federal Cyberstalking Prosecutions Under 18 U.S.C. §2261A(2)(B)

Requirement of True Threats in Federal Cyberstalking Prosecutions Under 18 U.S.C. §2261A(2)(B)

Date: Mar 22, 2025
Requirement of True Threats in Federal Cyberstalking Prosecutions Under 18 U.S.C. §2261A(2)(B) Introduction United States v. Dennis, 23-6194 (2d Cir. Mar. 21, 2025) is a Second Circuit decision...
Defining “Import” Under the Career Offender Guideline: Intrastate “Bringing In” Constitutes a Controlled Substance Offense – Stegemann v. United States

Defining “Import” Under the Career Offender Guideline: Intrastate “Bringing In” Constitutes a Controlled Substance Offense – Stegemann v. United States

Date: Mar 21, 2025
Defining “Import” Under the Career Offender Guideline: Intrastate “Bringing In” Constitutes a Controlled Substance Offense – Stegemann v. United States Introduction This commentary examines the...
Key-Role “Crux” Requirement for Aggravated Identity Theft Under 18 U.S.C. § 1028A: United States v. Omotayo

Key-Role “Crux” Requirement for Aggravated Identity Theft Under 18 U.S.C. § 1028A: United States v. Omotayo

Date: Mar 21, 2025
Key-Role “Crux” Requirement for Aggravated Identity Theft Under 18 U.S.C. § 1028A Introduction United States v. Omotayo (2d Cir. Mar. 20, 2025) concerns an international wire-fraud and...
Second Circuit Clarifies the Internal-Relocation Standard for Non-State Political Violence: Commentary on Singh v. Bondi (2025)

Second Circuit Clarifies the Internal-Relocation Standard for Non-State Political Violence: Commentary on Singh v. Bondi (2025)

Date: Mar 20, 2025
Second Circuit Clarifies the Internal-Relocation Standard for Non-State Political Violence: Commentary on Singh v. Bondi (2025) 1. Introduction Singh v. Bondi, No. 22-6576 (2d Cir. Mar. 19, 2025), is...
“Plausibility & Corroboration Re-examined” – Singh v. Bondi and the Second Circuit’s Re-affirmation of Deference to Adverse Credibility Findings in Asylum Cases

“Plausibility & Corroboration Re-examined” – Singh v. Bondi and the Second Circuit’s Re-affirmation of Deference to Adverse Credibility Findings in Asylum Cases

Date: Mar 20, 2025
“Plausibility & Corroboration Re-examined” – Singh v. Bondi and the Second Circuit’s Re-affirmation of Deference to Adverse Credibility Findings in Asylum Cases 1. Introduction Gurdeep Singh, an...
Definitive Characterization of Second-Degree Attempted Assault under N.Y.P.L. § 120.05(7) as a Crime of Violence

Definitive Characterization of Second-Degree Attempted Assault under N.Y.P.L. § 120.05(7) as a Crime of Violence

Date: Mar 19, 2025
Definitive Characterization of Second-Degree Attempted Assault under N.Y.P.L. § 120.05(7) as a Crime of Violence Introduction In the case of United States of America, Appellee, v. Nasir Cooper, the...
Clarifying the Personal Involvement Standard in Eighth Amendment Claims Regarding Solitary Confinement

Clarifying the Personal Involvement Standard in Eighth Amendment Claims Regarding Solitary Confinement

Date: Mar 18, 2025
Clarifying the Personal Involvement Standard in Eighth Amendment Claims Regarding Solitary Confinement Introduction This commentary examines the recent decision in Jason Goode v. Rollin Cook, et al.,...
Promissory Estoppel and Fraudulent Conveyance: Affirming Judicial Standards in the Second Circuit

Promissory Estoppel and Fraudulent Conveyance: Affirming Judicial Standards in the Second Circuit

Date: Mar 18, 2025
Promissory Estoppel and Fraudulent Conveyance: Affirming Judicial Standards in the Second Circuit Introduction The case of Rafic Saadeh, Plaintiff-Appellee-Cross Appellant, versus Joshua Kagan,...
The Weight of Delay in Late Filing Claims: Emphasizing the Primacy of Constructive Notice

The Weight of Delay in Late Filing Claims: Emphasizing the Primacy of Constructive Notice

Date: Mar 18, 2025
The Weight of Delay in Late Filing Claims: Emphasizing the Primacy of Constructive Notice Introduction This commentary examines the recent unpublished opinion rendered by the United States Court of...
Affirming Procedural Reasonableness in Special Conditions: A New Standard for Supervised Release

Affirming Procedural Reasonableness in Special Conditions: A New Standard for Supervised Release

Date: Mar 18, 2025
Affirming Procedural Reasonableness in Special Conditions: A New Standard for Supervised Release Introduction The case of United States of America Appellee v. Johnny Ortiz Defendant-Appellant,...
Clarifying Civil Contempt and Sanctions in Bankruptcy Discovery: A Revised Standard for Noncompliance

Clarifying Civil Contempt and Sanctions in Bankruptcy Discovery: A Revised Standard for Noncompliance

Date: Mar 18, 2025
Clarifying Civil Contempt and Sanctions in Bankruptcy Discovery: A Revised Standard for Noncompliance Introduction The recent opinion of the United States Court of Appeals for the Second Circuit in...
Clarifying Loss Calculations and Device-Making Equipment in Sentencing: A New Precedent in Bank Fraud Cases

Clarifying Loss Calculations and Device-Making Equipment in Sentencing: A New Precedent in Bank Fraud Cases

Date: Mar 18, 2025
Clarifying Loss Calculations and Device-Making Equipment in Sentencing: A New Precedent in Bank Fraud Cases Introduction The case of UNITED STATES OF AMERICA v. Ishmael Benreuben, also known as...
Clarifying Standing and the Abandonment of Insufficiently Argued Claims in Public Employee Litigation

Clarifying Standing and the Abandonment of Insufficiently Argued Claims in Public Employee Litigation

Date: Mar 18, 2025
Clarifying Standing and the Abandonment of Insufficiently Argued Claims in Public Employee Litigation Introduction The recent United States Court of Appeals for the Second Circuit decision in Carmen...
Affirming Judicial Adequacy in Counsel Advisement: Clarifying Rule 11(b)(1)(D) in Guilty Plea Proceedings

Affirming Judicial Adequacy in Counsel Advisement: Clarifying Rule 11(b)(1)(D) in Guilty Plea Proceedings

Date: Mar 18, 2025
Affirming Judicial Adequacy in Counsel Advisement: Clarifying Rule 11(b)(1)(D) in Guilty Plea Proceedings Introduction This commentary examines the United States Court of Appeals for the Second...
Clarifying Sentencing Enhancements: The Preponderance Standard in Proving Causation of Death and Obstruction of Justice Adjustments

Clarifying Sentencing Enhancements: The Preponderance Standard in Proving Causation of Death and Obstruction of Justice Adjustments

Date: Mar 18, 2025
Clarifying Sentencing Enhancements: The Preponderance Standard in Proving Causation of Death and Obstruction of Justice Adjustments Introduction The case of United States of America v. Steven...
Younger Abstention Affirmed: Federal Non-Interference in State Court Record Management

Younger Abstention Affirmed: Federal Non-Interference in State Court Record Management

Date: Mar 18, 2025
Younger Abstention Affirmed: Federal Non-Interference in State Court Record Management Introduction In the case of Anna Gristina v. Juan Merchan, et al., the United States Court of Appeals for the...
Refining the Irreparable Harm Standard in Employee Solicitation Disputes: Implications from St. Joseph’s v. NAPA

Refining the Irreparable Harm Standard in Employee Solicitation Disputes: Implications from St. Joseph’s v. NAPA

Date: Mar 18, 2025
Refining the Irreparable Harm Standard in Employee Solicitation Disputes: Implications from St. Joseph’s v. NAPA Introduction In the recent case of St. Joseph's Hospital Health Center v. American...
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