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“The Post-Daubert Reasonable-Juror Threshold for Class Certification” Commentary on City of Philadelphia v. Banc of Am. Securities LLC (2d Cir. 2025) 1. Introduction On 1 August 2025, the United...
“Chain-of-Speculation” Insufficiency and Minor-Service NTAs: An In-Depth Commentary on Lopez-Avila v. Bondi 1. Introduction The Second Circuit’s summary order in Lopez-Avila v. Bondi (Aug. 1 2025)...
Second Circuit Re-Affirms § 922(g)(1) Constitutionality Post-Zherka: Comprehensive Commentary on United States v. Martin (2d Cir. 2025) 1. Introduction United States v. Martin, No. 23-7507-cr,...
Affirming Broad District Court Discretion in AVAA Restitution Calculations: United States v. Schmitt (2d Cir. 2025) Introduction United States v. Schmitt concerns the appeal of Michael Schmitt, who...
“Certifying Speech”: Volokh v. James and the Future Scrutiny of Social-Media Disclosure Mandates I. Introduction Volokh v. James, No. 23-356 (2d Cir. Aug. 1, 2025), is the Second Circuit’s first deep...
Expanding the Core of Habeas Corpus: Diaz v. Kopp and System-Wide Conditions-of-Confinement Claims Under § 2254 1. Introduction In Diaz v. Kopp, No. 22-1678 (2d Cir. July 30 2025), the United States...
“Citizen Speech” in the Courthouse: Second Circuit Holds a Court-Clerk’s Aid to a Judicial Misconduct Probe Is Potentially Protected by the First Amendment Introduction In Long v. Byrne, No. 24-3080...
Second Circuit Re-Defines the Boundaries of De-Novo Resentencing Discretion After § 924(c) Vacatur When the Habeas Judge Has Recently Ruled on a § 3582(c)(1)(A) Motion Introduction United States...
From Contract to Courtroom: The Second Circuit Confirms that Forum-Selection Clauses May Tip the Intel Scales in § 1782 Discovery Disputes 1. Introduction In Banoka S.à.r.l. v. Elliott Management...
Commercial-Value Limitation on Confidential Information as “Property” Under § 1343: Commentary on United States v. Chastain, No. 23-7038 (2d Cir. July 31 2025) 1. Introduction United States v....
Chavez-Suntaxi v. Bondi: Post-Loper Bright Continuity of the “One Central Reason” Standard and the Rigorous Abandonment Rule in Asylum Litigation 1. Introduction On 30 July 2025 the U.S. Court of...
“Waiver at the Immigration Judge Level Bars Re-Framing of Particular Social Groups on Appeal” A Comprehensive Commentary on Alvarez Carguachi v. Bondi (2d Cir. 2025) 1. Introduction In Alvarez...
Due-Diligence Boundaries and Materiality under Rule 33: Lessons from United States v. Hild (2d Cir. 2025) Introduction United States v. Hild is an appeal decided by the United States Court of Appeals...
Whitney v. Montefiore: Second Circuit Re-Affirms Limits of ADA Protection When Patient Safety and Professional Integrity Are Compromised Introduction Whitney v. Montefiore Medical Center, No....
Minott v. The Washington Law Firm PLLC: Re-affirming Broad District Court Discretion over Attorney Charging Liens and Lodestar Calculations Introduction In Minott v. The Washington Law Firm PLLC, the...
Haque v. Bondi: Re-affirming that Future-Persecution Claims Fail When Tethered to Discredited Testimony 1. Introduction Enamul Haque, a Bangladeshi national and self-proclaimed supporter of the...
Second Circuit Fortifies Authors’ Termination Power: Exclusive Rights in Underlying Works Do Not Survive under § 304(c)(6)(A) Introduction In Atticus Ltd. Liability Co. v. The Dramatic Publishing Co....
Individualized Review Required: Second Circuit Affirms First-Amendment Right of Public Access to Sentencing Memoranda and Exhibits Introduction Lee v. Greenwood, No. 23-7432-cr (2d Cir. July 28,...
Clarifying Constructive Flight: The Second Circuit’s Totality-of-the-Circumstances Test for Fugitive Disentitlement Comprehensive Commentary on United States v. Bardakova, 24-2038-cr (2d Cir. 2025)...
“Beyond Mere Opposition to Gangs” – The Second Circuit’s Re-affirmation of the Nexus and Credibility Thresholds for Gang-Related Asylum Claims after Matter of A-B-III Introduction In Acero-Zaruma v....