2d Circuit Case Commentaries

Proportionality in ADA Fee Awards and Recognition of Communication Disabilities Under Title II

Date: Apr 11, 2025

Proportionality in ADA Fee Awards and Recognition of Communication Disabilities Under Title II Introduction Spring v. Allegany-Limestone Central School District is a 2025 decision of the United...

Accrual of §1983 Due Process Claims from Revoked Certificates of Occupancy: Discrete Acts and Statute of Limitations Clarified

Date: Apr 11, 2025

Accrual of §1983 Due Process Claims from Revoked Certificates of Occupancy: Discrete Acts and Statute of Limitations Clarified Introduction Potter v. Incorporated Village of Ocean Beach (2d Cir. Apr....

Jimenez v. Bondi: Clarifying “Particularly Serious Crime” Determinations and CAT Relief Review in Aggravated Felony Cases

Date: Apr 11, 2025

Jimenez v. Bondi: Clarifying “Particularly Serious Crime” Determinations and CAT Relief Review in Aggravated Felony Cases Introduction In Jimenez v. Bondi, Nos. 23-6005, 23-6143, 23-6895 & 24-665 (2d...

Jimenez v. Bondi: Clarifying the “Particularly Serious Crime” Standard and CAT Review in Removal Proceedings

Date: Apr 11, 2025

Jimenez v. Bondi: Clarifying the “Particularly Serious Crime” Standard and CAT Review in Removal Proceedings Introduction Jimenez v. Bondi (2nd Cir. 2025) consolidates four challenges by Dayvid De...

Spring v. Allegany-Limestone: Affirming the Motivating-Factor Test and Constraining ADA Fee Reductions

Date: Apr 11, 2025

Spring v. Allegany-Limestone Central School District: Affirming the Motivating-Factor Test and Constraining ADA Fee Reductions Introduction Spring v. Allegany-Limestone Central School District is a...

Defining “Particularly Serious Crime” and CAT Standards: Insights from Jimenez v. Bondi

Date: Apr 11, 2025

Defining “Particularly Serious Crime” and CAT Standards: Insights from Jimenez v. Bondi Introduction Jimenez v. Bondi arises from consolidated petitions for review of Board of Immigration Appeals...

Section 1367(a) Common Nucleus Standard Controls Supplemental Jurisdiction Over Intervenor Claims

Date: Apr 11, 2025

Section 1367(a) Common Nucleus Standard Controls Supplemental Jurisdiction Over Intervenor Claims Introduction In Hamilton Reserve Bank Ltd. v. Democratic Socialist Republic of Sri Lanka (2d Cir....

Clarifying “By Reason Of” Causation under Title II of the ADA and Proportional Fee Reductions under the ADA and Rehabilitation Act

Date: Apr 11, 2025

Clarifying “By Reason Of” Causation under Title II of the ADA and Proportional Fee Reductions under the ADA and Rehabilitation Act Introduction This commentary examines the Second Circuit’s summary...

Accrual of §1983 Land-Use Due Process Claims: Potter v. Incorporated Village of Ocean Beach

Date: Apr 11, 2025

Accrual of §1983 Land-Use Due Process Claims: Potter v. Incorporated Village of Ocean Beach Introduction Potter v. Incorporated Village of Ocean Beach, decided April 10, 2025 by the Second Circuit,...

Spring v. Allegany-Limestone: Disability-Driven Conduct as ADA-Protected and Limits on Fee Reductions

Date: Apr 11, 2025

Spring v. Allegany-Limestone Central School District: Recognizing Disability-Linked Conduct Under Title II of the ADA and Curbing Excessive Fee Awards Introduction In Spring v. Allegany-Limestone...

Establishing the Two-Step “Particularly Serious Crime” Test and CAT Deferral Standards: Jimenez v. Bondi

Date: Apr 11, 2025

Establishing the Two-Step “Particularly Serious Crime” Test and CAT Deferral Standards: Jimenez v. Bondi Introduction The Second Circuit’s summary order in Jimenez v. Bondi (2025) addresses the...

Voluntary Home Entry and Probable Cause in Warrantless Arrests: Reaffirmation of Fourth Amendment Boundaries

Date: Apr 11, 2025

Voluntary Home Entry and Probable Cause in Warrantless Arrests: Reaffirmation of Fourth Amendment Boundaries Introduction In Glover v. Onondaga County Sheriff’s Dept., 24-630-cv (2d Cir. Apr. 10,...

Lewis v. R.L. Vallee, Inc.: Ripening of Appeals and Pleading Standards in Pro Se In Forma Pauperis Filings

Date: Apr 11, 2025

Lewis v. R.L. Vallee, Inc.: Ripening of Appeals and Pleading Standards in Pro Se In Forma Pauperis Filings Introduction In Lewis v. R.L. Vallee, Inc. (2d Cir. Apr. 10, 2025), the Second Circuit...

Consent to Warrantless Home Entry and Probable Cause in Counterfeit Currency Arrests

Date: Apr 11, 2025

Consent to Warrantless Home Entry and Probable Cause in Counterfeit Currency Arrests Introduction Glover v. Onondaga County Sheriff's Department (2d Cir. Apr. 10, 2025) arises from the October 2016...

Jimenez v. Bondi: Clarifying “Particularly Serious Crime” and CAT Standards in Withholding of Removal

Date: Apr 11, 2025

Jimenez v. Bondi: Clarifying “Particularly Serious Crime” and CAT Standards in Withholding of Removal Introduction In Jimenez v. Bondi, the United States Court of Appeals for the Second Circuit...

Clarifying Accrual of §1983 Due-Process Claims in Land-Use Certificate of Occupancy Disputes

Date: Apr 11, 2025

Clarifying Accrual of §1983 Due-Process Claims in Land-Use Certificate of Occupancy Disputes Introduction Potter v. Incorporated Village of Ocean Beach, 24-2033-cv (2d Cir. Apr. 10, 2025), addresses...

Lewis v. R.L. Vallee, Inc.: Finality of §1915(e)(2) Dismissals Upon Expiration of Leave to Amend

Date: Apr 11, 2025

Lewis v. R.L. Vallee, Inc.: Finality of §1915(e)(2) Dismissals Upon Expiration of Leave to Amend Introduction In Lewis v. R.L. Vallee, Inc., No. 24-1438 (2d Cir. April 10, 2025), the United States...

Ensuring Proportionality in ADA Fee Awards: Reaffirming the Lodestar Method and Limiting Across-the-Board Reductions

Date: Apr 11, 2025

Ensuring Proportionality in ADA Fee Awards: Reaffirming the Lodestar Method and Limiting Across-the-Board Reductions Introduction This commentary examines the Second Circuit’s April 10, 2025 summary...

Probable Cause and Consent: Upholding Warrantless In-Home Arrests for Counterfeit Currency Under the Fourth Amendment

Date: Apr 11, 2025

Probable Cause and Consent: Upholding Warrantless In-Home Arrests for Counterfeit Currency Under the Fourth Amendment Introduction Glover v. Onondaga County Sheriff’s Dept., decided April 10, 2025 by...

Doctrine of Non-Actionable Opinion for Colloquial “Terrorist” Labels and Standing Threshold for Chilled Speech Claims

Date: Apr 10, 2025

Doctrine of Non-Actionable Opinion for Colloquial “Terrorist” Labels and Standing Threshold for Chilled Speech Claims Introduction Miller et al. v. James, decided April 9, 2025 by the United States...