2d Circuit Case Commentaries

Suspicionless Searches as a Condition of Supervised Release: United States v. Poole

Date: Apr 8, 2025

Suspicionless Searches as a Condition of Supervised Release: United States v. Poole Introduction United States v. Poole, 24-1201 (2d Cir. Apr. 7, 2025), addresses whether a district court may impose...

Volunteer Drivers as Insureds under RRG Policies and Co-Excess Coverage Allocation

Date: Apr 8, 2025

Volunteer Drivers as Insureds under RRG Policies and Co-Excess Coverage Allocation Introduction County of Ulster, New York State Local Government Services Foundation Inc. (as attorney-in-fact for New...

Reaffirming the Presumption of §3553(a) Consideration in Sentencing Reasonableness Review

Date: Apr 5, 2025

Reaffirming the Presumption of §3553(a) Consideration in Sentencing Reasonableness Review Introduction United States v. Ullman arises from the appeal of Thomas Ullman’s 300-month prison sentence for...

Presumption of § 3553(a) Factor Consideration and Reasonableness of Below-Guidelines Variances – United States v. Ullman

Date: Apr 5, 2025

Presumption of § 3553(a) Factor Consideration and Reasonableness of Below-Guidelines Variances – United States v. Ullman Introduction The United States Court of Appeals for the Second Circuit’s...

Mandate Rule and ERISA Benefit Calculations: Finality of Actuarial Assumptions in McCutcheon v. Colgate-Palmolive

Date: Apr 5, 2025

Mandate Rule and ERISA Benefit Calculations: Finality of Actuarial Assumptions in McCutcheon v. Colgate-Palmolive Introduction McCutcheon v. Colgate-Palmolive Co., No. 24-1419 (2d Cir. April 4,...

Presumption of §3553(a) Factor Consideration and Substantive Reasonableness in High-Range Child Exploitation Sentences

Date: Apr 5, 2025

Presumption of §3553(a) Factor Consideration and Substantive Reasonableness in High-Range Child Exploitation Sentences Introduction United States v. Ullman, 24-987-cr (2d Cir. Apr. 4, 2025) arises...

Mandate Rule and Law-of-the-Case Doctrine in ERISA Benefit Calculations

Date: Apr 5, 2025

Mandate Rule and Law-of-the-Case Doctrine in ERISA Benefit Calculations Introduction McCutcheon v. Colgate-Palmolive Co., 24-1419 (2d Cir. Apr. 4, 2025), is a summary order affirming a district...

Prohibition of Pre-Retirement Mortality Discounts and Uniform Projection Rates in ERISA Residual Annuity Calculations

Date: Apr 5, 2025

Prohibition of Pre-Retirement Mortality Discounts and Uniform Projection Rates in ERISA Residual Annuity Calculations Introduction This commentary examines the Second Circuit’s decision in McCutcheon...

Reaffirming Presumption of §3553(a) Consideration and Plain‐Error Review in Sentencing: United States v. Ullman

Date: Apr 5, 2025

Reaffirming Presumption of §3553(a) Consideration and Plain‐Error Review in Sentencing: United States v. Ullman Introduction United States v. Ullman, 24-987-cr (2d Cir. Apr. 4, 2025), is a summary...

Mandate Rule Bars Mortality Discounts and Requires Uniform Projection Rates in ERISA Residual Annuity Calculations

Date: Apr 5, 2025

Mandate Rule Bars Mortality Discounts and Requires Uniform Projection Rates in ERISA Residual Annuity Calculations Introduction McCutcheon v. Colgate-Palmolive Co., No. 24-1419 (2d Cir. Apr. 4,...

United States v. Ullman: Presumption of Comprehensive §3553(a) Consideration and Plain-Error Review in Sentencing Appeals

Date: Apr 5, 2025

United States v. Ullman: Presumption of Comprehensive §3553(a) Consideration and Plain-Error Review in Sentencing Appeals Introduction United States v. Ullman, No. 24-987-cr (2d Cir. Apr. 4, 2025),...

Prohibition of Pre-Retirement Mortality Discounts and Enforced Projection Rates under ERISA: Law-of-the-Case Doctrine in McCutcheon v. Colgate-Palmolive Co.

Date: Apr 5, 2025

Prohibition of Pre-Retirement Mortality Discounts and Enforced Projection Rates under ERISA: Law-of-the-Case Doctrine in McCutcheon v. Colgate-Palmolive Co. Introduction McCutcheon v....

Presumption of Comprehensive §3553(a) Consideration in Sentencing: United States v. Ullman

Date: Apr 5, 2025

Presumption of Comprehensive §3553(a) Consideration in Sentencing: United States v. Ullman Introduction United States v. Ullman (2d Cir. Apr. 4, 2025) addresses two central sentencing questions: (1)...

Law-of-the-Case Governs ERISA Residual Annuity Calculations: Pre-Retirement Mortality Discounts and Uniform 20+1% Projection Rate Required

Date: Apr 5, 2025

Law-of-the-Case Governs ERISA Residual Annuity Calculations: Pre-Retirement Mortality Discounts and Uniform 20+1% Projection Rate Required Introduction McCutcheon v. Colgate-Palmolive Co. is the...

United States v. Ullman: Clarifying Deferential Plain-Error Review and Reasonableness in Child Exploitation Sentencing

Date: Apr 5, 2025

United States v. Ullman: Clarifying Deferential Plain-Error Review and Reasonableness in Child Exploitation Sentencing 1. Introduction In United States v. Ullman (2d Cir. 2025), the Second Circuit...

ERISA Residual Annuity Calculation Standard: Prohibition of Pre-Retirement Mortality Discounts and Uniform Projection Rate Requirement

Date: Apr 5, 2025

ERISA Residual Annuity Calculation Standard: Prohibition of Pre-Retirement Mortality Discounts and Uniform Projection Rate Requirement Introduction McCutcheon v. Colgate-Palmolive Co., 24-1419 (2d...

Affirmation of Presumptive §3553(a) Consideration and Deferential Sentencing Review in United States v. Ullman

Date: Apr 5, 2025

Affirmation of Presumptive §3553(a) Consideration and Deferential Sentencing Review in United States v. Ullman Introduction In United States v. Ullman, 24-987-cr (2d Cir. Apr. 4, 2025) (summary...

ERISA Law-of-the-Case: Prohibition on Mortality Discounts and Uniform Projection Rates in Residual Annuity Calculations

Date: Apr 5, 2025

ERISA Law-of-the-Case: Prohibition on Mortality Discounts and Uniform Projection Rates in Residual Annuity Calculations Introduction McCutcheon v. Colgate-Palmolive Co., decided April 4, 2025 by the...

Clarifying Constitutional Boundaries for Prisoner Contraband Watch Procedures

Date: Apr 4, 2025

Clarifying Constitutional Boundaries for Prisoner Contraband Watch Procedures Introduction In Johnson v. Chappius, 24-1225 (2d Cir. Apr. 3, 2025), the United States Court of Appeals for the Second...

Affirmation of Non-Punitive Retroactive Sex Offender Registration under Ex Post Facto and Due Process (Brown v. Mellekas)

Date: Apr 4, 2025

Affirmation of Non-Punitive Retroactive Sex Offender Registration under Ex Post Facto and Due Process (Brown v. Mellekas) Introduction Brown v. Mellekas (2d Cir. Apr. 3, 2025) addresses whether...