Balancing Statutory Factors in Speedy Trial Act Dismissals: Discretionary Remedy Affirmed in United States v. Pikus Introduction United States v. Pikus, No. 24-1262-cr (2d Cir. Apr. 28, 2025),...
Narrowing Rooker-Feldman: Third-Party §1983 Claims for Misconduct in State Court Demolition Orders 1. Introduction Almazon v. Town of Oyster Bay (2d Cir. Apr. 28, 2025) presents a pro se challenge...
Clarification of Requirements for Upward Variance and Special Conditions of Supervised Release Introduction United States v. Cook, decided April 25, 2025 by the Second Circuit in a summary order...
Clarifying Accrual and Statute-of-Limitations for GBL §§349–350 Claims: Injury Upon Premium Payment as Trigger Introduction The Second Circuit’s summary order in Nachman v. Tesla, Inc., 24-2362 (2d...
Affirming Admissibility of Co-Conspirator Statements and Excluding Wharton's Rule in Honest Services Fraud Conspiracies Introduction United States v. Maharaj is a Second Circuit summary order decided...
Clarifying the Use of Arrest Records and Section 3553(a)(2)(A) Factors in Supervised Release Revocation Sentencing Introduction United States v. Gregory (2d Cir. Apr. 25, 2025) addresses two...
Elavon v. Katz: Principal Place of Business Dictates Accrual Under C.P.L.R. 202 for Corporate Plaintiffs Introduction In Elavon, Inc. v. Katz, the Second Circuit affirmed the Eastern District of New...
Clarifying the Futility Exception in ADEA Prima Facie Cases Introduction Cohen v. Arnot Health, Inc. is a summary order from the United States Court of Appeals for the Second Circuit, decided April...
Substantial Evidence Over Treating‐Physician Deference in LHWCA Disability Claims Introduction Dedic v. Fluor Federal, decided April 25, 2025 by the United States Court of Appeals for the Second...
Expanded Tolling Under the FTCA’s Continuous Treatment Doctrine in Carroll v. United States Introduction Carroll v. United States (2d Cir. Apr. 25, 2025) addresses the scope of the “continuous...
Delegated Arbitrability and District Court Jurisdiction to Confirm Arbitration Awards Post-FAA §3 Stay Introduction Jules v. Andre Balazs Properties is a Second Circuit summary order issued April 25,...
Refusal to Pay Extortion Demands by Criminal Gangs Does Not Establish Nexus to a Protected Ground for Asylum Introduction Quichimbo-Caracundo v. Bondi is a summary order issued on April 24, 2025, by...
Clarification of Nexus and Corroboration Standards in Asylum Proceedings: Mahmud v. Bondi Introduction The Second Circuit’s summary order in Mahmud v. Bondi (23-6043, April 24, 2025) addresses...
Isolated Threats and Prior Safe Relocation: Limits on Asylum Claims from Private-Actor Violence Introduction This commentary examines the Second Circuit’s summary order in Ixcoy Sica v. Bondi,...
Linton v. Zorn: Pain-Compliance on Passive Resistors Exceeds Fourth Amendment Bounds Introduction The Second Circuit’s April 24, 2025 decision in Linton v. Zorn arises out of a January 2015 sit-in...
Demonstrating Racial Motivation in Hostile Work Environment Claims: Title VII’s Evidentiary Threshold Clarified Introduction Browne v. New York State Department of Corrections and Community...
Esteban-Ramirez v. Bondi: Exclusion of “Witness to a Crime” as a Particular Social Group and Mandatory CAT Claim Exhaustion Introduction In Esteban-Ramirez v. Bondi, 22-6434 (2d Cir. Apr. 22, 2025),...
United States v. Acevedo: Standards for Sufficiency and Jury Instruction in 18 U.S.C. §1959(a)(1) Murder in Aid of Racketeering Introduction United States v. Acevedo (2d Cir. 2025) is a summary order...
Pan v. City of Niagara Falls: Federal Limits on §1983 Claims – Sovereign Immunity, Tax Injunction Act, and the Class-of-One Equal Protection Doctrine Introduction Pan v. City of Niagara Falls,...
Pattern-Based Evidence and Sentencing Discretion in Armed Spree Robbery: United States v. Hampton Introduction United States v. Hampton (2d Cir. Apr. 21, 2025) concerns the appeal of Justin Hampton,...