2d Circuit Case Commentaries

Second Circuit Clarifies Finality and Intervenor Access in § 1782 Discovery: In re Application of Loudmila Bourlakova (2025)

Date: Jun 30, 2025

Second Circuit Clarifies Finality and Intervenor Access in § 1782 Discovery: In re Application of Loudmila Bourlakova, 24-3187-cv & 25-49-cv (2d Cir. 2025) Introduction The United States Court of...

Simmons v. Ferrigno: The Second Circuit’s Persuasive Blueprint for Admitting ShotSpotter Data and Prior Ammunition Evidence in Civil-Rights Trials

Date: Jun 30, 2025

Simmons v. Ferrigno: The Second Circuit’s Persuasive Blueprint for Admitting ShotSpotter Data and Prior Ammunition Evidence in Civil-Rights Trials 1. Introduction Silvon S. Simmons—a private citizen...

United States v. Santos: Second Circuit Re-Affirms Broad District-Court Discretion to Deny Compassionate Release Solely on § 3553(a) Factors

Date: Jun 30, 2025

United States v. Santos: Second Circuit Re-Affirms Broad District-Court Discretion to Deny Compassionate Release Solely on § 3553(a) Factors Introduction United States v. Santos, No. 22-3213-cr (2d...

Redefining “Paternity Established by Legitimation” – The Parental-Rights Test under former INA § 321(a)(3) after Lainez v. Bondi

Date: Jun 30, 2025

Redefining “Paternity Established by Legitimation” – The Parental-Rights Test under former INA § 321(a)(3) after Lainez v. Bondi Introduction Case: Lainez v. Bondi, United States Court of Appeals for...

No Rescission Without an Illegal Obligation ‑ The Second Circuit Clarifies Section 29(b) in Xeriant, Inc. v. Auctus Fund LLC

Date: Jun 26, 2025

No Rescission Without an Illegal Obligation: The Second Circuit Clarifies Section 29(b) in Xeriant, Inc. v. Auctus Fund LLC Introduction The United States Court of Appeals for the Second Circuit has...

Hughes v. NFL: Second Circuit Shuts the Door on Pixel-Based VPPA Claims by Re-affirming the “Ordinary Person” Standard

Date: Jun 23, 2025

Hughes v. NFL: Second Circuit Shuts the Door on Pixel-Based VPPA Claims by Re-affirming the “Ordinary Person” Standard Introduction In Hughes v. National Football League, the United States Court of...

“Rigorous Scrutiny of Inconsistencies and Corroboration in Asylum Claims” — Commentary on Hussain v. Bondi (2d Cir. 2025)

Date: Jun 23, 2025

“Rigorous Scrutiny of Inconsistencies and Corroboration in Asylum Claims” Commentary on Hussain v. Bondi, 24-1812 (2d Cir. 2025) Court of Appeals for the Second Circuit  |  Decided 20 June 2025  | ...

No Harm, No Constitutional Foul: Jordan v. Chiaroo and the Second Circuit’s Re-affirmation of the “Actual Injury” Requirement

Date: Jun 23, 2025

No Harm, No Constitutional Foul: Jordan v. Chiaroo and the Second Circuit’s Re-affirmation of the “Actual Injury” Requirement 1. Introduction Jordan v. Chiaroo, No. 24-2397 (2d Cir. June 20, 2025),...

Reaffirming the Five-Factor Colon Test – Khan v. Commissioner and the Tax Court’s Discretion to Dismiss for Failure to Prosecute

Date: Jun 23, 2025

Reaffirming the Five-Factor Colon Test – Khan v. Commissioner and the Tax Court’s Discretion to Dismiss for Failure to Prosecute Introduction Parties & Forum. Pro-se taxpayers Atif A. Khan and Huma...

Madelaine Chocolate v. Great Northern: Second Circuit Clarifies Insurer’s Trial-Stage Burden and Admissibility of Subjective Intent when Resolving Ambiguous Insurance Policies

Date: Jun 23, 2025

Madelaine Chocolate v. Great Northern: Second Circuit Clarifies Insurer’s Trial-Stage Burden and Admissibility of Subjective Intent when Resolving Ambiguous Insurance Policies 1. Introduction The...

Reaffirming the Final-Decision Requirement After Zoning Amendments: Commentary on Mills Pond Group, LLC v. Town of Smithtown

Date: Jun 23, 2025

Reaffirming the Final-Decision Requirement After Zoning Amendments: Mills Pond Group, LLC v. Town of Smithtown 1. Introduction Mills Pond Group, LLC v. Town of Smithtown (2d Cir. June 20, 2025) is...

“From ‘Sheer Surmise’ to Substantial Evidence” – The Second Circuit’s Refinement of Cat’s-Paw Retaliation and the Post-2019 NYSHRL Standard in Edelman v. NYU Langone

Date: Jun 20, 2025

“From ‘Sheer Surmise’ to Substantial Evidence” – The Second Circuit’s Refinement of Cat’s-Paw Retaliation and the Post-2019 NYSHRL Standard in Edelman v. NYU Langone 1. Introduction In Edelman v. NYU...

“Certification of the Right to Record Inside Police Facilities” – A Commentary on Reyes v. City of New York (2d Cir. 2025)

Date: Jun 20, 2025

“Certification of the Right to Record Inside Police Facilities” – A Commentary on Reyes v. City of New York (2d Cir. 2025) 1. Introduction The Second Circuit’s decision in Reyes v. City of New York,...

Affirming the Presumption of Reliability in Credible-Fear Interviews: Commentary on Singh v. Bondi (2d Cir. 2025)

Date: Jun 20, 2025

Affirming the Presumption of Reliability in Credible-Fear Interviews: Detailed Commentary on Singh v. Bondi, Second Circuit (2025) 1. Introduction Case name: Gurminder Singh v. Pamela Bondi, U.S....

Commentary – Re-affirming Complete § 301 LMRA Pre-emption over State-Law Challenges to Union-Negotiated COVID-19 Policies: Sullivan v. Gelb

Date: Jun 20, 2025

Re-affirming Complete § 301 LMRA Pre-emption over State-Law Challenges to Union-Negotiated COVID-19 Policies: Sullivan v. Gelb 1. Introduction Sullivan v. Gelb, No. 24-1917-cv (2d Cir. June 17 2025)...

United States v. Wilson: Reaffirming the “Strong Inference of Trustworthiness” Standard under Rule 804(b)(3) and Clarifying Evidentiary Sufficiency for “Use-of-Fire” Obstruction Offenses

Date: Jun 20, 2025

United States v. Wilson: Reaffirming the “Strong Inference of Trustworthiness” Standard under Federal Rule of Evidence 804(b)(3) and Clarifying Evidentiary Sufficiency for “Use-of-Fire” Obstruction...

“Bad-Faith” Alone Is Not Enough: The Second Circuit Re-Affirms Strict Limits on § 1988 Fee Awards After Nominal-Damages Verdicts

Date: Jun 18, 2025

“Bad-Faith” Alone Is Not Enough: The Second Circuit Re-Affirms Strict Limits on § 1988 Fee Awards After Nominal-Damages Verdicts 1 Introduction Knights v. City University of New York, No. 24-2887-cv...

Post-Severance Indictments and the Speedy Trial Clock: A Commentary on United States v. Baker (2d Cir. 2025)

Date: Jun 18, 2025

Post-Severance Indictments and the Speedy Trial Clock: A Commentary on United States v. Baker (2d Cir. 2025) Introduction On 16 June 2025 the United States Court of Appeals for the Second Circuit...

Clarifying Probation’s Authority Over Internet Restrictions in Supervised Release: A Commentary on United States v. Keleher (2d Cir. 2025)

Date: Jun 18, 2025

Clarifying Probation’s Authority Over Internet Restrictions in Supervised Release: A Comprehensive Commentary on United States v. Keleher (2d Cir. 2025) 1. Introduction On 16 June 2025 the United...

“Voluntary Correction as a Shield: The Second Circuit Re-Emphasizes the High Threshold for Franks Hearings in United States v. Mrabet”

Date: Jun 18, 2025

Voluntary Correction as a Shield: The Second Circuit Re-Emphasizes the High Threshold for Franks Hearings in United States v. Mrabet Introduction The Second Circuit’s summary order in United States...