Supportability and Consistency as Cornerstones of Medical Opinion Evaluation under 20 C.F.R. § 416.920c Introduction In Blanford v. Dudek (2d Cir. 2025), the Second Circuit affirmed the denial of...
Xi He v. Bondi: Upholding Frivolous Asylum Findings on Circumstantial Evidence under the Clear and Convincing Standard Introduction Xin He, a Chinese national, applied for asylum in the United...
United States v. Romeo: No Sixth Amendment Right to Counsel in Post-Judgment Substitute-Asset Forfeiture and CCPA Garnishment Exclusion for Lump-Sum Proceeds Introduction United States v. Romeo,...
Protecting Foreclosure Surplus Under the Takings Clause: Sikorsky v. City of Newburgh Introduction In Sikorsky v. City of Newburgh, 23-1171-cv (2d Cir. May 2, 2025), the Second Circuit addressed...
Defining “Adverse Actions” and Causation in ADA and State Retaliation Claims: Sosa v. NYC DOE Introduction In Sosa v. New York City Department of Education, the United States Court of Appeals for the...
Defining the Contours of Sidebar Presence and Rule 404(b) Admissibility in United States v. Civitello Introduction United States v. Civitello is a Second Circuit summary order affirming the...
District Courts’ Broad Discretion to Apply Uniform Percentage Reductions in Section 1988 Fee Awards Introduction In Franco v. Gunsalus, 24-2061 (2d Cir. May 1, 2025), the United States Court of...
Proper Service Determines Applicability of the Forum Defendant Rule in Removal Jurisdiction Introduction Uzoigwe v. Charter Communications, LLC (2d Cir. May 1, 2025) presents two key issues: Whether...
Establishing the “Ordinary Person” Standard for Personally Identifiable Information Under the VPPA Introduction Detrina Solomon v. Flipps Media, Inc. (No. 23-7597-cv) is a Second Circuit decision...
Jurisdictional Limits on Appeals of Consent Judgment Interpretations: Nunez v. City of New York Introduction Nunez v. City of New York, decided by the United States Court of Appeals for the Second...
Reinforcement of Adverse Credibility Standards: Inconsistencies and Corroboration in Asylum Adjudications Introduction In Huang v. Bondi, No. 23-6540 (2d Cir. Apr. 30, 2025), the Second Circuit...
Restricting Federal Jurisdiction Over State-Law Claims Involving Federal Tax Code Interpretation Introduction AMTAX Holdings 227, LLC v. CohnReznick LLP, decided April 30, 2025 by the Second Circuit,...
Termination by Mass Withdrawal Does Not Preclude SFA Eligibility Under 29 U.S.C. § 1432(b)(1)(A) Introduction This commentary examines the United States Court of Appeals for the Second Circuit’s...
Material Omissions and Internal Relocation Standards in Asylum and CAT Adjudications Introduction Hernandez-Hernandez v. Bondi is a Second Circuit summary order issued on April 29, 2025. Petitioners...
Specific Promise Requirement for In-Person Learning in Student-University Implied Contracts under New York Law Introduction Beck v. Manhattan College, decided by the United States Court of Appeals...
Constructive Employer Liability and Harmless Hearsay: New Frontiers in Hostile Work Environment Litigation in Smart v. USA Labor for Hire, Inc. Introduction Smart v. USA Labor for Hire, Inc. (No....
Limits of New York’s Long-Arm Jurisdiction in Correspondent Banking Transactions Introduction Raad v. Bank Audi S.A.L., 24-840-cv (2d Cir. Apr. 28, 2025), presents a dispute between three New York...
Singh v. Bondi: Fundamental Changed Country Conditions Bar Asylum and Related Relief 1. Introduction In Singh v. Bondi, 22-6437 (2d Cir. Apr. 28, 2025), Sarwinder Singh, a Sikh national from Punjab,...
Business Connections as “Pecuniary Value” & Mandatory Life Terms under 18 U.S.C. § 1958(a) Introduction United States v. Zhe Zhang, 24-1532(L), decided April 28, 2025 by the Second Circuit, presents...
Presumption of Proper Consideration of Section 3553(a) Factors in §3582(c)(2) Sentencing Reductions Introduction United States v. Jacklyn, 24-1817 (2d Cir. Apr. 28, 2025), presents the Second...