“A Single Straw Breaks the Camel’s Back” – Isaacs v. Zimmerman and the Second Circuit’s Zero-Tolerance Approach to Discovery-Order Breaches Introduction Isaacs v. Zimmerman, No. 23-7492 (2d Cir. Aug....
“The Comma That Wasn’t”: Second Circuit Restores Full Scope of Personal-Injury Liability Insurance and Safe-Harbor Protection in N.Y. Ins. Law § 1113(a)(13) & § 1213(e) 1. Introduction Liberty...
The Post-Chevron Quid-Pro-Quo Doctrine: Second Circuit Affirms IRS Power to Net State Tax Credits against § 170 Charitable Deductions Introduction The consolidated appeal New Jersey v. Bessent;...
Extending the Dormant Commerce Clause to Federally-Prohibited Markets: A Commentary on Variscite NY Four, LLC v. New York State Cannabis Control Board (2d Cir. 2025) 1. Introduction Variscite NY...
“Party-Affiliation ≠ State Action” – The Second Circuit’s Re-confirmation of the State-Actor Requirement in Sherpa v. Bondi 1. Introduction Sherpa v. Bondi, No. 23-6172 (2d Cir. Aug. 14 2025) is a...
Reaffirming the Economic-Motive Exception: Cardenas-Zepeda v. Bondi and the Nexus Requirement in Gang-Extortion Asylum Claims 1. Introduction Cardenas-Zepeda v. Bondi, decided by the United States...
Tiered Partnerships and the Two-Year Disguised-Sale Presumption: Lessons from PIMLICO, LLC v. Commissioner of Internal Revenue (2d Cir. 2025) 1. Introduction The Second Circuit’s summary order in...
“Seeing” Is Still Believing: Clear-Error Review of District-Court Findings Based on Video Evidence after United States v. Espinal (2d Cir. 2025) 1. Introduction The Second Circuit’s summary order in...
United States v. Figueroa: Sharpening the Limits of the Cronic Presumption and Client-Autonomy Claims in the Second Circuit Introduction On 11 August 2025 the United States Court of Appeals for the...
The Gardner-Alfred Doctrine: Second Circuit Defines When Courts May Resolve Religious-Accommodation Claims at Summary Judgment and Upholds Robust Discovery-Sanctions Powers Introduction In...
When Assets and Liabilities Transfer, So Does Jurisdiction: The Second Circuit’s Landmark Successor-Jurisdiction Doctrine in Lelchook v. Société Générale de Banque au Liban S.A.L. (2025) Introduction...
United States v. Rodriguez: The Second Circuit’s New Directive on Dismissing Frivolous IFP Appeals in the Compassionate-Release Context Court of Appeals for the Second Circuit | August Term 2024 |...
“Dangerousness as a Historical Constant” – The Second Circuit Upholds 18 U.S.C. § 922(g)(9) in United States v. Simmons 1. Introduction On 11 August 2025 the United States Court of Appeals for the...
“The ‘Before-Trial’ Rule” — Second Circuit Declares Post-Verdict Westfall Act Substitution Barred in Carroll v. Trump Introduction In Carroll v. Trump, No. 24-644 (2d Cir. Aug. 8, 2025), the United...
Offensive Claim Preclusion Rebuffed: Second Circuit Clarifies the Limits of Bankruptcy Allowance Orders 1. Introduction In Thermal Surgical, LLC v. Brown, the United States Court of Appeals for the...
Boehringer Ingelheim Pharmaceuticals, Inc. v. Department of Health & Human Services (2d Cir. 2025) Clarifying Voluntary Participation, Unconstitutional Conditions, and APA Exemption under the...
The “Substantial-Interdependence” Rule: Second Circuit Allows Joinder of Fraud and Tax Counts and Declines Per-Se Ineffective-Counsel Claim in United States v. Wynder 1. Introduction In United States...
“Current Asylum Status” as a Condition Precedent to Adjustment of Status A Comprehensive Commentary on Wassily v. Bondi; Velasquez Arreaga v. Bondi, 2d Cir., 7 Aug 2025 Introduction On 7 August 2025...
Second Circuit Clarifies the Reach of FDCA § 379r(a): Marketing and Pricing Claims for OTC Drugs Are Pre-empted When Success Would Impose Additional Label Requirements 1. Introduction In Collaza v....
Second Circuit Flexes Rule 62.1: Appellate Remand Permitted After Sua Sponte Indicative Ruling Introduction In Gustavia Home LLC v. Hoyer; Hoyer v. Bank of America, the United States Court of Appeals...