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  • Commentaries
  • Judgments

2d Circuit Case Commentaries

Coverage-Action Litigation Costs Are a Present Injury for Ripeness; An Insurance Broker’s Specific Undertaking Creates a Duty to Notify the Insurer

Coverage-Action Litigation Costs Are a Present Injury for Ripeness; An Insurance Broker’s Specific Undertaking Creates a Duty to Notify the Insurer

Date: Nov 7, 2025
Coverage-Action Litigation Costs Are a Present Injury for Ripeness; An Insurance Broker’s Specific Undertaking Creates a Duty to Notify the Insurer A commentary on Paro Mgmt. Co., Inc. v. Willis of...
“Lozada Lives After Loper Bright”: Second Circuit Reaffirms Strict Lozada Compliance for Ineffective-Assistance-Based Motions to Reopen and Enforces Petition Deadlines Under Riley v. Bondi

“Lozada Lives After Loper Bright”: Second Circuit Reaffirms Strict Lozada Compliance for Ineffective-Assistance-Based Motions to Reopen and Enforces Petition Deadlines Under Riley v. Bondi

Date: Nov 7, 2025
“Lozada Lives After Loper Bright”: Second Circuit Reaffirms Strict Lozada Compliance for Ineffective-Assistance-Based Motions to Reopen and Enforces Petition Deadlines Under Riley v. Bondi...
No Equitable Tolling for Post-Order Eligibility: Second Circuit Denies Untimely Reopening for Non-LPR Cancellation in Wang v. Bondi

No Equitable Tolling for Post-Order Eligibility: Second Circuit Denies Untimely Reopening for Non-LPR Cancellation in Wang v. Bondi

Date: Nov 7, 2025
No Equitable Tolling for Post-Order Eligibility: Second Circuit Denies Untimely Reopening for Non-LPR Cancellation in Wang v. Bondi Court: U.S. Court of Appeals for the Second Circuit (Summary Order...
Reaffirming Christiansburg for Title II: Second Circuit Vacates Defense Fee Award Against Pro Se Plaintiff and Affirms Dismissal of § 1981/NYCHRL Claims

Reaffirming Christiansburg for Title II: Second Circuit Vacates Defense Fee Award Against Pro Se Plaintiff and Affirms Dismissal of § 1981/NYCHRL Claims

Date: Nov 7, 2025
Reaffirming Christiansburg for Title II: Second Circuit Vacates Defense Fee Award Against Pro Se Plaintiff and Affirms Dismissal of § 1981/NYCHRL Claims Case: Alexander v. Private Protective...
Limits Reaffirmed on Domestic-Violence-Based Particular Social Groups and the Need for Particularized, Ongoing Risk for Asylum and CAT: Commentary on Amaya Mejia v. Bondi (2d Cir. Nov. 4, 2025)

Limits Reaffirmed on Domestic-Violence-Based Particular Social Groups and the Need for Particularized, Ongoing Risk for Asylum and CAT: Commentary on Amaya Mejia v. Bondi (2d Cir. Nov. 4, 2025)

Date: Nov 7, 2025
Limits Reaffirmed on Domestic-Violence-Based Particular Social Groups and the Need for Particularized, Ongoing Risk for Asylum and CAT Case: Amaya Mejia v. Bondi, No. 23-6369 (2d Cir. Nov. 4, 2025)...
Qualified Immunity Shields Early‑Pandemic Nursing‑Home Admission Directives; Lobbying Alone Does Not Make Private Hospital Actors “State Actors” — Commentary on Arbeeny v. Cuomo (2d Cir. 2025)

Qualified Immunity Shields Early‑Pandemic Nursing‑Home Admission Directives; Lobbying Alone Does Not Make Private Hospital Actors “State Actors” — Commentary on Arbeeny v. Cuomo (2d Cir. 2025)

Date: Nov 7, 2025
Qualified Immunity Shields Early‑Pandemic Nursing‑Home Admission Directives; Lobbying Alone Does Not Make Private Hospital Actors “State Actors” — Commentary on Arbeeny v. Cuomo (2d Cir. 2025) Note...
Arias-Arevalo v. Bondi (2d Cir. 2025): Waiver of NTA Time/Place Defects and the Demanding Nexus Requirement in Gang-Related Asylum Claims

Arias-Arevalo v. Bondi (2d Cir. 2025): Waiver of NTA Time/Place Defects and the Demanding Nexus Requirement in Gang-Related Asylum Claims

Date: Nov 7, 2025
Arias-Arevalo v. Bondi (2d Cir. 2025): Waiver of NTA Time/Place Defects and the Demanding Nexus Requirement in Gang-Related Asylum Claims Court: U.S. Court of Appeals for the Second Circuit (Summary...
Samarov v. Bondi: Abandonment for Inadequate Briefing and Harmless Correction of an IJ’s Overly Stringent Nexus Standard

Samarov v. Bondi: Abandonment for Inadequate Briefing and Harmless Correction of an IJ’s Overly Stringent Nexus Standard

Date: Nov 7, 2025
Samarov v. Bondi: Abandonment for Inadequate Briefing and Harmless Correction of an IJ’s Overly Stringent Nexus Standard Introduction In a non-precedential summary order, the United States Court of...
Specific, Memorable-Detail Inconsistencies and Sparse Corroboration Sustain Adverse Credibility Findings; Nervousness at Credible-Fear Interviews Does Not Undermine Reliability — Singh v. Bondi (2d Cir. 2025)

Specific, Memorable-Detail Inconsistencies and Sparse Corroboration Sustain Adverse Credibility Findings; Nervousness at Credible-Fear Interviews Does Not Undermine Reliability — Singh v. Bondi (2d Cir. 2025)

Date: Nov 7, 2025
Specific, Memorable-Detail Inconsistencies and Sparse Corroboration Sustain Adverse Credibility Findings; Nervousness at Credible-Fear Interviews Does Not Undermine Reliability — Singh v. Bondi (2d...
No Interlocutory Appeal Without Accepted Plaintiff-Favorable Facts: Second Circuit Reaffirms Limits on Collateral-Order Review of Qualified Immunity in Vann v. City of Rochester

No Interlocutory Appeal Without Accepted Plaintiff-Favorable Facts: Second Circuit Reaffirms Limits on Collateral-Order Review of Qualified Immunity in Vann v. City of Rochester

Date: Nov 7, 2025
No Interlocutory Appeal Without Accepted Plaintiff-Favorable Facts: Second Circuit Reaffirms Limits on Collateral-Order Review of Qualified Immunity in Vann v. City of Rochester Court: U.S. Court of...
Obvious Venue Omissions as Ineffective Appellate Assistance and Narrowing of the Concurrent Sentence Doctrine for Non‑Life § 2255 Petitioners: Purcell v. United States (2d Cir. 2025)

Obvious Venue Omissions as Ineffective Appellate Assistance and Narrowing of the Concurrent Sentence Doctrine for Non‑Life § 2255 Petitioners: Purcell v. United States (2d Cir. 2025)

Date: Nov 7, 2025
Obvious Venue Omissions as Ineffective Appellate Assistance and Narrowing of the Concurrent Sentence Doctrine for Non‑Life § 2255 Petitioners Commentary on Purcell v. United States, No. 23-6985-pr...
Res judicata reaffirmed: Second Circuit bars fourth federal suit challenging NYC Campaign Finance Board clawback and cautions vexatious filers with potential leave‑to‑file sanctions

Res judicata reaffirmed: Second Circuit bars fourth federal suit challenging NYC Campaign Finance Board clawback and cautions vexatious filers with potential leave‑to‑file sanctions

Date: Nov 5, 2025
Res judicata reaffirmed: Second Circuit bars fourth federal suit challenging NYC Campaign Finance Board clawback and cautions vexatious filers with potential leave‑to‑file sanctions Introduction In a...
Post-Filing Assignment Does Not Moot, Redundant Conspiracy Claims Are Dismissable, and “Actual Knowledge” Means Actual: The Second Circuit’s Summary Order in Fezzani v. Dweck

Post-Filing Assignment Does Not Moot, Redundant Conspiracy Claims Are Dismissable, and “Actual Knowledge” Means Actual: The Second Circuit’s Summary Order in Fezzani v. Dweck

Date: Nov 5, 2025
Post-Filing Assignment Does Not Moot, Redundant Conspiracy Claims Are Dismissable, and “Actual Knowledge” Means Actual: The Second Circuit’s Summary Order in Fezzani v. Dweck Decision: Fezzani v....
Second Circuit Summary Order Reaffirms Minimal Due Process for Short Student Suspensions: Doe & Roe v. Levittown Public Schools

Second Circuit Summary Order Reaffirms Minimal Due Process for Short Student Suspensions: Doe & Roe v. Levittown Public Schools

Date: Nov 5, 2025
Minimal Due Process for Ten-Day-or-Less Student Suspensions Reaffirmed; Evidence Sufficiency Review and Role-Separation Not Required (Doe & Roe v. Levittown Public Schools, 2d Cir. 2025) Case: John...
Unwilling or Unable Controls: Second Circuit Reaffirms Private-Actor Persecution Standard and Limits to the Administrative Record in Martinez‑Martinez v. Bondi

Unwilling or Unable Controls: Second Circuit Reaffirms Private-Actor Persecution Standard and Limits to the Administrative Record in Martinez‑Martinez v. Bondi

Date: Nov 5, 2025
Unwilling or Unable Controls: Second Circuit Reaffirms Private-Actor Persecution Standard and Limits to the Administrative Record in Martinez‑Martinez v. Bondi Introduction In Martinez‑Martinez v....
No “Ministerial” Shield from Section 5: Second Circuit Affirms “Necessary Participant” Liability, Scienter by Admissions, and Disgorgement Without Unsupported Expense Offsets (SEC v. Core Business One)

No “Ministerial” Shield from Section 5: Second Circuit Affirms “Necessary Participant” Liability, Scienter by Admissions, and Disgorgement Without Unsupported Expense Offsets (SEC v. Core Business One)

Date: Nov 5, 2025
No “Ministerial” Shield from Section 5: Second Circuit Affirms “Necessary Participant” Liability, Scienter by Admissions, and Disgorgement Without Unsupported Expense Offsets Case: SEC v. Core...
Reaffirming the Admissibility of Police Lay Identification Testimony and the Attempted Murder Cross-Reference in § 922(g) Sentencing: Commentary on United States v. King (2d Cir. 2025)

Reaffirming the Admissibility of Police Lay Identification Testimony and the Attempted Murder Cross-Reference in § 922(g) Sentencing: Commentary on United States v. King (2d Cir. 2025)

Date: Nov 5, 2025
Reaffirming the Admissibility of Police Lay Identification Testimony and the Attempted Murder Cross-Reference in § 922(g) Sentencing: Commentary on United States v. King (2d Cir. 2025) Introduction...
Minimal Explanation Suffices for Within-Range Revocation Sentences Under Plain Error Review: United States v. Lopez (2d Cir. 2025)

Minimal Explanation Suffices for Within-Range Revocation Sentences Under Plain Error Review: United States v. Lopez (2d Cir. 2025)

Date: Nov 5, 2025
Minimal Explanation Suffices for Within-Range Revocation Sentences Under Plain Error Review: United States v. Lopez (2d Cir. 2025) Court: U.S. Court of Appeals for the Second Circuit Date: November...
No Presumption from 18 U.S.C. § 1591(c): Second Circuit Confirms “Reasonable Opportunity to Observe” as a Standalone Path; Confrontation/Rule 15 Claim Resolved by Harmless Error in United States v. Paschal (Summary Order)

No Presumption from 18 U.S.C. § 1591(c): Second Circuit Confirms “Reasonable Opportunity to Observe” as a Standalone Path; Confrontation/Rule 15 Claim Resolved by Harmless Error in United States v. Paschal (Summary Order)

Date: Nov 5, 2025
No Presumption from 18 U.S.C. § 1591(c): Second Circuit Confirms “Reasonable Opportunity to Observe” as a Standalone Path; Confrontation/Rule 15 Claim Resolved by Harmless Error in United States v....
Second Circuit Reaffirms: Mere Derecognition Does Not Establish Injury-in-Fact; Student-Association “Legal Status” Conditions Are Viewpoint-Neutral, Reasonable Access Rules in a Limited Public Forum

Second Circuit Reaffirms: Mere Derecognition Does Not Establish Injury-in-Fact; Student-Association “Legal Status” Conditions Are Viewpoint-Neutral, Reasonable Access Rules in a Limited Public Forum

Date: Nov 5, 2025
Second Circuit Reaffirms: Mere Derecognition Does Not Establish Injury-in-Fact; Student-Association “Legal Status” Conditions Are Viewpoint-Neutral, Reasonable Access Rules in a Limited Public Forum...
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