2d Circuit Case Commentaries

Electronic Data Compilations as Business Records: Expanding Fed. R. Evid. 803(6) and 902(11) in United States v. Conde

Date: Apr 12, 2025

Electronic Data Compilations as Business Records: Expanding Fed. R. Evid. 803(6) and 902(11) in United States v. Conde Introduction United States v. Conde, 22-250 (2d Cir. Apr. 11, 2025), addressed...

Strict Limitation on Interlocutory Appeals under 28 U.S.C. § 1292(b): Federal Insurance Co. v. American Precision Industries, Inc.

Date: Apr 12, 2025

Strict Limitation on Interlocutory Appeals under 28 U.S.C. § 1292(b): Federal Insurance Co. v. American Precision Industries, Inc. Introduction In Federal Insurance Company v. American Precision...

United States v. White: Clarifying “Actual Loss” under U.S.S.G. §2B1.1 and Factual Basis for Aggravated Identity Theft

Date: Apr 12, 2025

United States v. White: Clarifying “Actual Loss” under U.S.S.G. §2B1.1 and Factual Basis for Aggravated Identity Theft Introduction This case arises on appeal from the Southern District of New York...

Clarifying Loss Calculations and Plea Foundations in Procurement Fraud and Aggravated Identity Theft: United States v. White

Date: Apr 12, 2025

Clarifying Loss Calculations and Plea Foundations in Procurement Fraud and Aggravated Identity Theft: United States v. White Introduction The Second Circuit’s summary order in United States v. White...

United States v. White: Foreseeable Procurement Loss and “At the Crux” Test in Aggravated Identity Theft

Date: Apr 12, 2025

United States v. White: Foreseeable Procurement Loss and “At the Crux” Test in Aggravated Identity Theft Introduction United States v. White is a Second Circuit summary order affirming the conviction...

Clarifying Foreseeable Loss in Fraud Sentencing and Factual‐Basis Standards for Aggravated Identity Theft Pleas

Date: Apr 12, 2025

Clarifying Foreseeable Loss in Fraud Sentencing and Factual-Basis Standards for Aggravated Identity Theft Pleas Introduction United States v. White, 24-66 (2d Cir. Apr. 11, 2025), presented the...

Electronic Data Compilations as Self-Authenticating Business Records: United States v. Conde

Date: Apr 12, 2025

Electronic Data Compilations as Self-Authenticating Business Records: United States v. Conde Introduction The Second Circuit’s decision in United States v. Conde, 22-250 (2d Cir. Apr. 11, 2025),...

United States v. White: Defining Reasonably Foreseeable Loss and the “At the Crux” Test in Aggravated Identity Theft Pleas

Date: Apr 12, 2025

United States v. White: Defining Reasonably Foreseeable Loss and the “At the Crux” Test in Aggravated Identity Theft Pleas 1. Introduction United States v. White, decided April 11, 2025 by the Second...

Strict Enforcement of Final-Judgment Rule: Limiting Interlocutory Appeals under 28 U.S.C. §1292(b) in Insurance Coverage Litigation

Date: Apr 12, 2025

Strict Enforcement of Final-Judgment Rule: Limiting Interlocutory Appeals under 28 U.S.C. §1292(b) in Insurance Coverage Litigation Introduction In Fed. Ins. Co. v. Am. Precision Indus., Inc., the...

United States v. Kandic: Validation of Broad Conspiracy Counts with “Death Results” Element

Date: Apr 12, 2025

United States v. Kandic: Validation of Broad Conspiracy Counts with “Death Results” Element Introduction United States v. Kandic, 23-7146-cr (2d Cir. April 11, 2025) is a significant Second Circuit...

Notice and Unanimity Safeguards in “Death Results” Terrorism Conspiracy Counts: United States v. Kandic

Date: Apr 12, 2025

Notice and Unanimity Safeguards in “Death Results” Terrorism Conspiracy Counts: United States v. Kandic Introduction United States v. Kandic, decided April 11, 2025 by the Second Circuit (No....

Clarifying “Death Results” in Material Support Conspiracy: Notice, Unanimity, and Duplicity Safeguards

Date: Apr 12, 2025

Clarifying “Death Results” in Material Support Conspiracy: Notice, Unanimity, and Duplicity Safeguards Introduction The Second Circuit’s decision in United States v. Kandic (23-7146-cr), decided...

Clarifying Loss Calculation and “At the Crux” in Aggravated Identity Theft: United States v. White

Date: Apr 12, 2025

Clarifying Loss Calculation and “At the Crux” in Aggravated Identity Theft: United States v. White Introduction United States v. White, decided April 11, 2025 by the Second Circuit (24-66), involves...

Ripening of Appeal and Pleading Standards under ADA, NYCRL §50, and Defamation in Pro Se Actions

Date: Apr 11, 2025

Ripening of Appeal and Pleading Standards under ADA, NYCRL §50, and Defamation in Pro Se Actions Introduction In Lewis v. R.L. Vallee, Inc., No. 24-1438 (2d Cir. Apr. 10, 2025), the United States...

Strangulation Offenses Constitute Particularly Serious Crimes Under INA § 1231(b)(3)(B)(ii): Jimenez v. Bondi

Date: Apr 11, 2025

Strangulation Offenses Constitute Particularly Serious Crimes Under INA § 1231(b)(3)(B)(ii) Introduction The Second Circuit’s summary order in Jimenez v. Bondi (2025) addresses the scope of...

Pro Se Pleading Standards Under §1915(e)(2): Finality of Dismissals and the Threshold for ADA, NYCRL §50, and Defamation Claims

Date: Apr 11, 2025

Pro Se Pleading Standards Under §1915(e)(2): Finality of Dismissals and the Threshold for ADA, NYCRL §50, and Defamation Claims Introduction Lewis v. R.L. Vallee, Inc. (2d Cir. Apr. 10, 2025) arises...

Consensual Entry and Probable Cause: Delineating Fourth Amendment Boundaries in Warrantless Home Arrests

Date: Apr 11, 2025

Consensual Entry and Probable Cause: Delineating Fourth Amendment Boundaries in Warrantless Home Arrests Introduction Glover v. Onondaga County Sheriff's Department (2nd Cir. Apr. 10, 2025) addresses...

Establishing the Particularly Serious Crime Bar in Withholding of Removal and CAT Deferral: Jimenez v. Bondi

Date: Apr 11, 2025

Establishing the Particularly Serious Crime Bar in Withholding of Removal and CAT Deferral: Jimenez v. Bondi Introduction The case of Jimenez v. Bondi was decided by the United States Court of...

Pleading Standards in IFP Pro Se ADA, NYCRL §50, and Defamation Claims: Lewis v. R.L. Vallee

Date: Apr 11, 2025

Pleading Standards in IFP Pro Se ADA, NYCRL §50, and Defamation Claims: Lewis v. R.L. Vallee Introduction Lewis v. R.L. Vallee, Inc. is a summary order issued by the United States Court of Appeals...

Spring v. Allegany-Limestone: Proportionality in ADA Attorney’s Fees and Disability Determinations

Date: Apr 11, 2025

Spring v. Allegany-Limestone Central School District: Proportionality in ADA Attorney’s Fees and Disability Determinations I. Introduction Spring v. Allegany-Limestone Central School District is a...