Clarifying the Threshold for Government Inability to Protect in Asylum Claims: Singh-Kar v. Bondi Introduction In Singh-Kar v. Bondi, 22-6309 (2d Cir. May 21, 2025), the United States Court of...
Affirmance of Completed Carjacking as a Categorical Crime of Violence Under 18 U.S.C. § 924(c) Introduction United States v. Caille is a Second Circuit summary-order decision issued on May 21, 2025....
Contractual Prerequisites and Assignment Requirements for Healthcare Providers’ ERISA Claims: Insights from Abira Medical Laboratories v. Cigna Introduction In Abira Medical Laboratories, LLC v....
Limits of Appellate Jurisdiction over Settlement Enforcement: Non-Appealability of Orders Enforcing Class Action Releases 1. Introduction In In re Credit Default Swaps Antitrust Litigation, 24-635-cv...
Enforceability of Forum Selection Clauses via Forum Non Conveniens in the Second Circuit Introduction This commentary examines the Second Circuit’s summary order in Meerovich v. Big Apple Institute,...
Authority-Limited Qualified Immunity in §1983 Gender Discrimination Claims Introduction Brown v. Donat is a summary order issued by the United States Court of Appeals for the Second Circuit on May...
Establishing Arguable Probable Cause on Victim Allegations: Qualified Immunity in Platsky v. N.Y. Police Dep’t Introduction The case of Platsky v. New York Police Department (2d Cir. 2025) centers on...
Binding Effect of General Releases on Subsequent Federal §1983 Claims Introduction Caraballo v. City of New York is a summary order issued on May 19, 2025 by the United States Court of Appeals for...
Denial of USCIS Adjustment of Status as an Unreviewable “Judgment” under 8 U.S.C. §1252(a)(2)(B)(i) Introduction The Second Circuit’s decision in Xia v. Bondi clarifies that denials of...
Tactical Waiver of Post-Plea Challenges Based on Intervening Precedent Bars Appellate Review 1. Introduction United States v. Ray is a Second Circuit summary order issued on May 16, 2025. The...
Prohibition Against Delegation of Device Restrictions to Probation: United States v. Mayhew Introduction In United States v. Mayhew, 22-1704-cr (2d Cir. May 16, 2025), Michael Mayhew pled guilty to...
United States v. Bimbow: Clarifying Probable Cause for the Automobile Exception and Independent Source Doctrine Introduction In United States v. Bimbow (2d Cir. May 16, 2025), the Second Circuit...
Clarification of Interlocutory Appeal Jurisdiction and Standards for Preliminary Injunctions and Anonymity Motions in Prisoners’ §1983 Actions Introduction In Sloley v. NYS DOCCS, 24-662-cv (2d Cir....
Reaffirming the Rigorous Application of Adverse Credibility Standards under 8 U.S.C. §1158(b)(1)(B)(iii) Introduction Singh v. Bondi, 23-6358 (2d Cir. May 16, 2025) presents the petition for review...
Affirmation of the PSLRA Safe Harbor and Rigorous Scienter Standards in Securities Litigation Introduction In Mangrove Partners Fund, Ltd. v. Bristol-Myers Squibb Co., 24-826 (2d Cir. May 16, 2025),...
Enforcement of Appellate Waivers Under Rule 11(b)(1)(N): United States v. Landa Introduction The Second Circuit’s summary order in United States v. Landa, No. 24-1307-cr (2d Cir. May 16, 2025),...
Inquiry Notice and Reasonable Diligence Under CPLR 213(8): Poulard v. Delphin Introduction Poulard v. Delphin is a summary order issued by the United States Court of Appeals for the Second Circuit on...
Substantial Evidence, Supportability, and Appeals Council Review: Clarifications from Wickham v. Commissioner of Social Security Introduction In Wickham v. Commissioner of Social Security, 24-2045...
Affirmation of Article 78 as Adequate Post-Deprivation Remedy & Heightened “Class of One” Equal Protection Standard Introduction Grune v. Hernandez, No. 24-1803-cv (2d Cir. May 16, 2025), is a...
United States v. Young: Affirmation of Discretion in Compassionate Release Balancing § 3553(a) Factors Introduction United States v. Young, 24-1913 (2d Cir. 2025), is a summary order from the United...