2d Circuit Case Commentaries

State Protection Nexus in Private-Party Persecution Claims: Singh v. Bondi

Date: Jun 10, 2025

State Protection Nexus in Private-Party Persecution Claims: Singh v. Bondi Introduction Singh v. Bondi (23-6074, 2d Cir. June 3, 2025) involved petitioner Sarbjit Singh’s challenge to the Board of...

Affirmation of Broad Discretion in Imposing Extended Supervised Release Terms upon Revocation under 18 U.S.C. § 3583

Date: Jun 10, 2025

Affirmation of Broad Discretion in Imposing Extended Supervised Release Terms upon Revocation under 18 U.S.C. § 3583 Introduction United States v. Patterson is a summary order issued by the United...

Next Friend Standing Under Rule 17(c): Relationship Not Required, Identification Essential

Date: Jun 10, 2025

Next Friend Standing Under Rule 17(c): Relationship Not Required, Identification Essential Introduction In Doe v. Hochul (2d Cir. 2025), Mary Doe, a social worker proceeding under a pseudonym,...

Hadwan v. US Dep’t of State: APA and Due Process Limits on Passport Revocation

Date: Jun 10, 2025

Hadwan v. US Dep’t of State: APA and Due Process Limits on Passport Revocation Introduction In the Second Circuit’s June 3, 2025 decision in Hadwan v. US Department of State, the court confronted a...

Singh v. Bondi: REAL ID Act’s Totality-of-the-Circumstances Standard in Credibility Determinations

Date: Jun 10, 2025

Singh v. Bondi: REAL ID Act’s Totality-of-the-Circumstances Standard in Credibility Determinations Introduction In Singh v. Bondi, 22-6077 (2d Cir. June 3, 2025), the U.S. Court of Appeals for the...

United States v. Lawrence: Affirming District Court Discretion in Crack/Powder Cocaine Sentencing and PSR-Adopted Search Conditions

Date: Jun 3, 2025

United States v. Lawrence: Affirming District Court Discretion in Crack/Powder Cocaine Sentencing and PSR-Adopted Search Conditions Introduction In United States v. Lawrence (2d Cir. June 2, 2025),...

Reaffirmation of Mens Rea Requirements under 18 U.S.C. § 875(c) in True Threat Prosecutions

Date: Jun 3, 2025

Reaffirmation of Mens Rea Requirements under 18 U.S.C. § 875(c) in True Threat Prosecutions Introduction In United States v. Bedell, No. 24-1783 (2d Cir. June 2, 2025), the Second Circuit addressed...

Fay v. Barbera: Recognizing Personal §1983 Liability for Gender-Based Disparate Treatment by Supervisory Officials

Date: Jun 3, 2025

Fay v. Barbera: Recognizing Personal §1983 Liability for Gender-Based Disparate Treatment by Supervisory Officials Introduction Fay v. Barbera, decided June 2, 2025 by the Second Circuit, clarifies...

O'Neill v. Newburgh: Reinforcing the Comparator Requirement in Title VII Disparate Treatment Claims

Date: Jun 3, 2025

O'Neill v. Newburgh: Reinforcing the Comparator Requirement in Title VII Disparate Treatment Claims Introduction In O’Neill v. Newburgh Enlarged City School District, the Second Circuit reviewed a...

Duty of Complete Disclosure in Securities Offers: Material Omissions and Loss Causation Affirmed

Date: Jun 3, 2025

Duty of Complete Disclosure in Securities Offers: Material Omissions and Loss Causation Affirmed Introduction In Maher v. Global Factors, LLC, the United States Court of Appeals for the Second...

United States v. Ray: Permissible Coercive Control Expert Testimony and Reinforced RICO Enterprise Doctrine

Date: Jun 3, 2025

United States v. Ray: Permissible Coercive Control Expert Testimony and Reinforced RICO Enterprise Doctrine Introduction In United States v. Ray, 23-6114-cr (2d Cir. June 2, 2025), the Second Circuit...

Clarifying the Face-to-Face Sales Exemption under the Telemarketing Sales Rule: CFPB v. Stratfs

Date: Jun 3, 2025

Clarifying the Face-to-Face Sales Exemption under the Telemarketing Sales Rule: CFPB v. Stratfs Introduction Consumer Financial Protection Bureau v. Stratfs, LLC (f/k/a Strategic Financial Solutions,...

United States v. Novis (Denkberg): Advice-of-Counsel Does Not Obviate Fraudulent Intent in Mail and Wire Fraud Schemes

Date: Jun 3, 2025

United States v. Novis (Denkberg): Advice-of-Counsel Does Not Obviate Fraudulent Intent in Mail and Wire Fraud Schemes Introduction United States v. Novis (Denkberg), 23-6877-cr (2d Cir. June 2,...

Affirmation of District Court’s Discretion in Supervised Release Revocation and Plain-Error Review

Date: Jun 3, 2025

Affirmation of District Court’s Discretion in Supervised Release Revocation and Plain-Error Review Introduction United States v. Johnson, No. 24-2372-cr (2d Cir. June 2, 2025), presents a routine—but...

Actual Notice Supersedes Notice-of-Pendency: Binding Successors in Foreclosure Actions

Date: Jun 3, 2025

Actual Notice Supersedes Notice-of-Pendency: Binding Successors in Foreclosure Actions Introduction East Fork Funding LLC v. Deutsche Bank National Trust Company (2nd Cir. 2025) clarifies the...

Recusal Requires Objective Evidence of Bias: Brookins v. Figuccio

Date: Jun 3, 2025

Recusal Requires Objective Evidence of Bias: Brookins v. Figuccio Introduction Brookins v. Figuccio, decided by the United States Court of Appeals for the Second Circuit on June 2, 2025, tested the...

Facial Constitutionality of New York’s Vacancy Survey Provisions: Pre-Compliance Review via Article 78 Upholds Fourth and Fourteenth Amendment Rights

Date: Jun 3, 2025

Facial Constitutionality of New York’s Vacancy Survey Provisions: Pre-Compliance Review via Article 78 Upholds Fourth and Fourteenth Amendment Rights Introduction Hudson Shore Associates Ltd....

Enforceability of Sole-Remedy Clauses and Economic Loss Rule in Maritime Fuel Supply Contracts

Date: Jun 3, 2025

Enforceability of Sole-Remedy Clauses and Economic Loss Rule in Maritime Fuel Supply Contracts Introduction This commentary examines the Second Circuit’s Summary Order in Serifos Maritime Corporation...

Koenigsberg v. Columbia University: Equitable Estoppel Limits in GBL §349/350 Claims

Date: May 31, 2025

Koenigsberg v. Columbia University: Equitable Estoppel Limits in GBL §349/350 Claims Introduction In Koenigsberg et al. v. Board of Trustees of Columbia University in the City of New York (2d Cir....

District Court Discretion in Competency Hearings and Waiver of Restitution Challenges Established in United States v. Barreto

Date: May 31, 2025

District Court Discretion in Competency Hearings and Waiver of Restitution Challenges Established in United States v. Barreto Introduction United States v. Barreto, 23-6799-cr (2d Cir. May 30, 2025),...