Divisibility of Vermont Domestic Assault (§ 1042) and Its Qualification as a “Misdemeanor Crime of Domestic Violence” Under 18 U.S.C. §§ 921(a)(33)(A) & 922(g)(9) United States v. Ross, No. 25-210-cr...
Generic Risk Disclosures and Item 303 Omissions: No Securities-Fraud Liability Without a Misleading Statement Introduction In Smith v. The Gap, Inc. (2d Cir. May 28, 2026), investors brought a...
New York Design-Defect Causation: Juries May Infer Proximate Cause Without a Causation Expert When Product Characteristics and Accident Testimony Permit Common-Sense Evaluation 1. Introduction...
Implied Actual Authority to Accept Bankruptcy Adversary Service Through a Proof-of-Claim Collection Subagent Introduction Ryniker v. Sumec Textile Co. (2d Cir. May 27, 2026) addresses a recurring...
Sufiyan v. Blanche: The BIA Must Make “But-For” Merits Findings When the Material Support Bar Is Dispositive and a DHS Waiver Requires “Otherwise Eligible” Status I. Introduction In Sufiyan v....
Second Circuit Requires Enhanced Anders Scrutiny When Electronic-Device Search Conditions Present Potentially Non-Frivolous Appellate Issues Introduction In United States v. Samuels (2d Cir. May 26,...
Reverse False Claims Against Online Marketplaces Require Particularized Scienter; Routine Platform Operations Do Not Plead FCA Conspiracy Case: United States v. Amazon.com, Inc. (No. 25-207-cv)...
Property Interest in 24‑Hour Medicaid Personal Care Services (NY), Yet Existing “Enroll‑Then‑Request‑Increase” Appeals Process Satisfies Due Process Bellin v. McDonald (2d Cir. May 21, 2026) (Carney,...
Second Circuit: No “Emergency” Child Removal When There Is Time to Seek a Family-Court Order; Material Omissions in Petitions Defeat Probable Cause and Qualified Immunity Case: K.W. v. The City of...
Harmlessness of Pre-Ruan “Objective Good-Faith” Instructions in § 841 Prescriber Cases; Admissibility of State Medical Standards and Expert Norms Testimony I. Introduction United States v. Parasmo is...
Second Circuit Endorses Munsingwear Vacatur on Joint Motion When Mootness Is Not Fairly Attributable to Appellants I. Introduction Am. Ass'n of Univ. Professors v. U.S. Dep't of Just. (2d Cir. May...
Federal Reserve Act Confers Discretion (Not Entitlement) Over Master Accounts for Nonmember Depository Institutions I. Introduction In Banco San Juan Internacional, Inc. v. Fed. Rsrv. Bank of N.Y.,...
Second Circuit Rejects New York’s “Opt-In” Default Gun Ban on Public-Access Private Property While Upholding an Urban Public-Park Carry Ban on Facial Review 1. Introduction Christian v. James (Nos....
United States v. Dralle: Plain Error to Rely on a Co-Defendant’s Prior Violence as “Context” at Sentencing Absent Joint Undertaking, Foreseeability, or a § 3553(a) Nexus Introduction In United States...
Appeal Waivers Bar Resentencing on Limited Remand Despite Intervening Guidelines Law; Ripeness of Supervised-Release Conditions Is Issue-Specific Case: United States v. Jimenez (2d Cir. Feb. 25,...
FAPA Retroactivity Upheld: No Federal Due Process, Contracts Clause, or Takings Clause Violation in Mortgage Quiet-Title Litigation Article 13 LLC v. LaSalle Nat'l Bank Ass'n (2d Cir. May 13, 2026)...
Brown v. James: Drawing a Firearm as an Imminent Threat of Deadly Force Makes the Defendant the “Initial Aggressor,” Defeating a Justification Charge (and a Due Process Habeas Claim) 1. Introduction...
“Operate Its Business” Means What It Says: Pandemic Shutdown Orders Can Trigger a Lease “Taking” Even Where Some Use Continues 1. Introduction Delshah 60 Ninth, LLC v. Free People of PA LLC (2d Cir....
National Bank Act Preempts State Minimum Interest Mandates on Mortgage-Escrow Accounts Under Barnett Bank’s “Nature and Degree” Test Cases: Cantero v. Bank of America, N.A.; Hymes v. Bank of America,...
Second Circuit Leaves Intact: (1) a Pre‑Trial Constraint on Westfall Act Substitution in State‑Filed Cases, and (2) Waiver/Law‑of‑the‑Case Limits on Re‑Litigating Presidential Immunity I....