Omissions in Early Cooperation Proffers Are Not Necessarily “Prior Inconsistent Statements,” and Rule 403 Supports Excluding Extrinsic Impeachment That Risks a Mini‑Trial Nonprecedential posture....
Independent “Lone-Wolf” Terrorism Is Not “Material Support” Under 18 U.S.C. § 2339B Absent Direction/Control or Coordination Case: United States v. Ullah (2d Cir. Apr. 21, 2026) | Court: Court of...
Banyan v. Sikorski: Claim Abandonment at Summary Judgment and Probable Cause Grounded in Eyewitness Identification Despite Later Non‑Indictment Introduction In Banyan v. Sikorski (Second Circuit,...
“The Proximate Cause” on a Verdict Form Is Not Fundamental Error When the Jury Charge Correctly States “A Proximate Cause”; Late-Disclosed Damages Witnesses May Be Excluded Under Rule 37(c); Rule...
ADA Title III Standing Requires Past Denial and Plausible Future Use; Dissatisfaction with an Accommodation Process Is Not Discrimination Introduction In Abadi v. Greyhound Lines, Inc. (2d Cir. Apr....
Pseudonymity Is the Exception: Strict Sealed Plaintiff Balancing and No “Second-Bite” Evidence on Reconsideration 1. Introduction In Doe v. Yale Univ. (2d Cir. Apr. 20, 2026) (summary order), a Yale...
Post-Deprivation State Remedies Defeat § 1983 Due Process Claims for Unauthorized Property Seizures; Sherman Act Pleading Requires Market-Wide Competitive Harm Introduction In Ams. Choice Veterans...
MVRA Restitution in “Fraudulent Clinic” No-Fault Schemes: Full Reimbursement as Loss, Joint-and-Several Liability, and Defendant-Borne Offset Proof 1. Introduction United States v. Israilov (2d Cir....
United States v. Gnahore: Intended-Loss Stipulations After Rainford Are Not Ineffective Assistance; Acquittals Do Not Create Retroactive Misjoinder; Post‑Trial Rule 17(c) “Fishing Expeditions”...
Williams v. Smith — Expired Eligibility Defeats Standing for APA Delay Claims; FAA Interpretive Letters Are Notice-and-Comment Exempt 1. Introduction In Williams v. Smith (2d Cir. Apr. 17, 2026)...
Remand Futility in Asylum Appeals: Nexus Error Does Not Require Remand Where Lack of Future Persecution Independently Defeats Relief I. Introduction In Carbajal-Carbajal v. Blanche (2d Cir. Apr. 16,...
Advocacy Organizations Cannot “Spend Their Way” Into Article III Standing; Increased-Risk Standing Requires Non-Speculative, Corroborated Facts Introduction In Farm Sanctuary v. United States...
Williams v. Trans Union LLC — Procedural Forfeiture, Judicial Notice on Rule 12 Motions, and No Sua Sponte Leave to Amend for Pro Se Attorneys 1. Introduction In Williams v. Trans Union LLC (2d Cir....
Crypto-Ponzi Prosecutions: Prior-Fraud 404(b) Evidence and “Red Flag” Willful Blindness Sustain Wire-Fraud Conspiracy Convictions (United States v. Carmona) Introduction In United States v. Carmona...
Issue Exhaustion Controls: Unchallenged BIA Waiver Bars Asylum/Withholding Review; CAT Relief Requires Proof of Government Acquiescence 1. Introduction Gonzalez Gonzalez v. Blanche (2d Cir. Apr. 13,...
Pleading an Oral Joint Venture for Crypto Profits Requires Concrete Allegations of Capital Contribution, Joint Control, and Profit/Loss Sharing Introduction In Tesla v. Pelinkovic (2d Cir. Apr. 13,...
Issue-Abandonment in Immigration Petitions: Failure to Challenge Dispositive Findings (Including Internal Relocation) Defeats Asylum/CAT Claims; Continuance Denials Require Prejudice Case: Sheraz v....
United States v. Pence: Voluntary Questioning in an FBI Vehicle During Warrant Execution Is Not “Custody” for Miranda When the Suspect Is Told He Is Not Under Arrest and Is Not Restrained...
Post–Loper Bright, the Second Circuit Reaffirms Wei Sun: No Pre-Decision Notice Requirement for Corroboration, and Pattern-or-Practice Claims Still Require Proof of Group Inclusion 1. Introduction In...
“Vulnerability” and Crime-Reporting Victimhood Are Not Enough: Particular Social Group Precision, Exhaustion, and Nexus Limits in Gang-Extortion Asylum Claims 1. Introduction In Diaz Pulig v. Blanche...