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  • Commentaries
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2d Circuit Case Commentaries

“The Post-Daubert Reasonable-Juror Threshold for Class Certification” – Commentary on City of Philadelphia v. Banc of Am. Securities LLC (2d Cir. 2025)

“The Post-Daubert Reasonable-Juror Threshold for Class Certification” – Commentary on City of Philadelphia v. Banc of Am. Securities LLC (2d Cir. 2025)

Date: Aug 6, 2025
“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: A Commentary on Lopez-Avila v. Bondi

“Chain-of-Speculation” Insufficiency and Minor-Service NTAs: A Commentary on Lopez-Avila v. Bondi

Date: Aug 6, 2025
“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: A Commentary on United States v. Martin (2025)

Second Circuit Re-Affirms § 922(g)(1) Constitutionality Post-Zherka: A Commentary on United States v. Martin (2025)

Date: Aug 6, 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)

Affirming Broad District Court Discretion in AVAA Restitution Calculations: United States v. Schmitt (2d Cir. 2025)

Date: Aug 6, 2025
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

“Certifying Speech”: Volokh v. James and the Future Scrutiny of Social-Media Disclosure Mandates

Date: Aug 6, 2025
“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

Expanding the Core of Habeas Corpus: Diaz v. Kopp and System-Wide Conditions-of-Confinement Claims Under § 2254

Date: Aug 1, 2025
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

“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

Date: Aug 1, 2025
“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

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

Date: Aug 1, 2025
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”

“From Contract to Courtroom: The Second Circuit Confirms that Forum-Selection Clauses May Tip the Intel Scales in § 1782 Discovery Disputes”

Date: Aug 1, 2025
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 – Comment on United States v. Chastain (2d Cir. 2025)

Commercial-Value Limitation on Confidential Information as “Property” Under § 1343 – Comment on United States v. Chastain (2d Cir. 2025)

Date: Aug 1, 2025
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

Chavez-Suntaxi v. Bondi: Post-Loper Bright Continuity of the “One Central Reason” Standard and the Rigorous Abandonment Rule in Asylum Litigation

Date: Aug 1, 2025
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 Commentary on Alvarez Carguachi v. Bondi (2d Cir. 2025)

“Waiver at the Immigration Judge Level Bars Re-Framing of Particular Social Groups on Appeal” ― A Commentary on Alvarez Carguachi v. Bondi (2d Cir. 2025)

Date: Aug 1, 2025
“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: Commentary on United States v. Hild (2d Cir. 2025)

Due-Diligence Boundaries and Materiality under Rule 33: Commentary on United States v. Hild (2d Cir. 2025)

Date: Aug 1, 2025
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

Whitney v. Montefiore: Second Circuit Re-Affirms Limits of ADA Protection When Patient Safety and Professional Integrity Are Compromised

Date: Aug 1, 2025
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

Minott v. The Washington Law Firm PLLC: Re-affirming Broad District Court Discretion over Attorney Charging Liens and Lodestar Calculations

Date: Aug 1, 2025
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

Haque v. Bondi: Re-affirming that Future-Persecution Claims Fail When Tethered to Discredited Testimony

Date: Jul 31, 2025
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)

Second Circuit Fortifies Authors’ Termination Power: Exclusive Rights in Underlying Works Do Not Survive under § 304(c)(6)(A)

Date: Jul 31, 2025
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

Individualized Review Required: Second Circuit Affirms First-Amendment Right of Public Access to Sentencing Memoranda and Exhibits

Date: Jul 30, 2025
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 – A Commentary on United States v. Bardakova (2025)

Clarifying Constructive Flight: The Second Circuit’s Totality-of-the-Circumstances Test for Fugitive Disentitlement – A Commentary on United States v. Bardakova (2025)

Date: Jul 30, 2025
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

“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

Date: Jul 30, 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....
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