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  • Commentaries
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2d Circuit Case Commentaries

United States v. Figueroa: Sharpening the Limits of the Cronic Presumption and Client-Autonomy Claims in the Second Circuit

United States v. Figueroa: Sharpening the Limits of the Cronic Presumption and Client-Autonomy Claims in the Second Circuit

Date: Aug 13, 2025
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

The Gardner-Alfred Doctrine: Second Circuit Defines When Courts May Resolve Religious-Accommodation Claims at Summary Judgment and Upholds Robust Discovery-Sanctions Powers

Date: Aug 13, 2025
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)

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)

Date: Aug 13, 2025
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: Mandatory Dismissal of Frivolous In-Forma-Pauperis Appeals From Compassionate-Release Denials

United States v. Rodriguez: Mandatory Dismissal of Frivolous In-Forma-Pauperis Appeals From Compassionate-Release Denials

Date: Aug 13, 2025
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

“Dangerousness as a Historical Constant” – The Second Circuit Upholds 18 U.S.C. § 922(g)(9) in United States v. Simmons

Date: Aug 13, 2025
“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

“The ‘Before-Trial’ Rule” — Second Circuit Declares Post-Verdict Westfall Act Substitution Barred in Carroll v. Trump

Date: Aug 13, 2025
“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

Offensive Claim Preclusion Rebuffed: Second Circuit Clarifies the Limits of Bankruptcy Allowance Orders

Date: Aug 13, 2025
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 v. HHS – The Second Circuit Re-Affirms the “Voluntary Participation” Doctrine and Upholds IRA Drug-Price Negotiations

Boehringer v. HHS – The Second Circuit Re-Affirms the “Voluntary Participation” Doctrine and Upholds IRA Drug-Price Negotiations

Date: Aug 13, 2025
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

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

Date: Aug 13, 2025
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:  An In-Depth Commentary on Wassily & Velasquez Arreaga v. Bondi (2d Cir. 2025)

“Current Asylum Status” as a Condition Precedent to Adjustment of Status: An In-Depth Commentary on Wassily & Velasquez Arreaga v. Bondi (2d Cir. 2025)

Date: Aug 13, 2025
“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

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

Date: Aug 13, 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

Second Circuit Flexes Rule 62.1: Appellate Remand Permitted After Sua Sponte Indicative Ruling

Date: Aug 13, 2025
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...
Mosaic Health v. Sanofi-Aventis: A New Blueprint for Pleading Antitrust Conspiracies and Confirming 340B Safety-Net Provider Standing

Mosaic Health v. Sanofi-Aventis: A New Blueprint for Pleading Antitrust Conspiracies and Confirming 340B Safety-Net Provider Standing

Date: Aug 13, 2025
Mosaic Health v. Sanofi-Aventis: A New Blueprint for Pleading Antitrust Conspiracies and Confirming 340B Safety-Net Provider Standing 1. Introduction In Mosaic Health, Inc. v. Sanofi-Aventis U.S.,...
The Implicit-Abandonment Rule in Credibility Appeals: A Commentary on Chen v. Bondi (2d Cir. 2025)

The Implicit-Abandonment Rule in Credibility Appeals: A Commentary on Chen v. Bondi (2d Cir. 2025)

Date: Aug 7, 2025
The Implicit-Abandonment Rule in Credibility Appeals: How Chen v. Bondi Strengthens Border-Interview Evidence and Clarifies Pattern-or-Practice Proof 1. Introduction Chen v. Bondi, No. 23-6508 (2d...
“Substantively-the-Same” State Tort Claims Survive: Second Circuit Narrows HMTA Pre-emption in DCC Propane LLC v. KMT Enterprises, Inc.

“Substantively-the-Same” State Tort Claims Survive: Second Circuit Narrows HMTA Pre-emption in DCC Propane LLC v. KMT Enterprises, Inc.

Date: Aug 7, 2025
“Substantively-the-Same” State Tort Claims Survive: Second Circuit Narrows HMTA Pre-emption in DCC Propane LLC v. KMT Enterprises, Inc. 1. Introduction The United States Court of Appeals for the...
“Fairfield Sentry” and the Extraterritorial Safe-Harbor: The Second Circuit Extends § 546(e) to Foreign-Law and Common-Law Claims in Chapter 15 Proceedings

“Fairfield Sentry” and the Extraterritorial Safe-Harbor: The Second Circuit Extends § 546(e) to Foreign-Law and Common-Law Claims in Chapter 15 Proceedings

Date: Aug 7, 2025
“Fairfield Sentry” and the Extraterritorial Safe-Harbor: The Second Circuit Extends § 546(e) to Foreign-Law and Common-Law Claims in Chapter 15 Proceedings Introduction The decision in In re...
United States v. Fasasi: Second Circuit Clarifies the Boundaries of Plain-Error Review, Rule 32 PSR Verification, and the “Substantial Overseas Conduct” Fraud Enhancement

United States v. Fasasi: Second Circuit Clarifies the Boundaries of Plain-Error Review, Rule 32 PSR Verification, and the “Substantial Overseas Conduct” Fraud Enhancement

Date: Aug 6, 2025
United States v. Fasasi: Second Circuit Clarifies the Boundaries of Plain-Error Review, Rule 32 PSR Verification, and the “Substantial Overseas Conduct” Fraud Enhancement 1. Introduction United...
“Post-Bruen Constitutionality of 18 U.S.C. § 922(g)(1) and Probable-Cause Parameters in Multi-State Drug Conspiracies” – A Commentary on United States v. Miller (2d Cir. 2025)

“Post-Bruen Constitutionality of 18 U.S.C. § 922(g)(1) and Probable-Cause Parameters in Multi-State Drug Conspiracies” – A Commentary on United States v. Miller (2d Cir. 2025)

Date: Aug 6, 2025
Post-Bruen Constitutionality of 18 U.S.C. § 922(g)(1) and Probable-Cause Parameters in Multi-State Drug Conspiracies A Detailed Commentary on United States v. Miller, 23-7699-cr (2d Cir. Aug. 4,...
United States v. Pierre – The Second Circuit’s Reinforced Thresholds for Severance, Bruton Claims, and Victim-Impact Evidence

United States v. Pierre – The Second Circuit’s Reinforced Thresholds for Severance, Bruton Claims, and Victim-Impact Evidence

Date: Aug 6, 2025
United States v. Pierre – The Second Circuit’s Reinforced Thresholds for Severance, Bruton Claims, and Victim-Impact Evidence 1. Introduction United States v. Pierre (2d Cir. 2025) arises from a...
Chevron Is Dead, But Stare Decisis Lives: Statutory Fixity and the Definition of “Sexual Abuse of a Minor” after Garcia Pinach v. Bondi

Chevron Is Dead, But Stare Decisis Lives: Statutory Fixity and the Definition of “Sexual Abuse of a Minor” after Garcia Pinach v. Bondi

Date: Aug 6, 2025
Chevron Is Dead, But Stare Decisis Lives: Statutory Fixity and the Definition of “Sexual Abuse of a Minor” after Garcia Pinach v. Bondi 1. Introduction On 4 August 2025 the United States Court of...
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