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  • Commentaries
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2d Circuit Case Commentaries

Probable Cause Unshaken by Unreviewed Video Evidence: The Alberty v. Hunter Doctrine

Probable Cause Unshaken by Unreviewed Video Evidence: The Alberty v. Hunter Doctrine

Date: Jul 22, 2025
Probable Cause Unshaken by Unreviewed Video Evidence: The Alberty v. Hunter Doctrine Alberty v. Hunter, No. 23-7564-cv, United States Court of Appeals for the Second Circuit (decided 21 July 2025)...
Cementing Admissions: Second Circuit Confirms Rule 36 Requests May Address the “Application of Law to Fact” and Upholds Strict Consequences for Non-Response

Cementing Admissions: Second Circuit Confirms Rule 36 Requests May Address the “Application of Law to Fact” and Upholds Strict Consequences for Non-Response

Date: Jul 22, 2025
Cementing Admissions: Second Circuit Confirms Rule 36 Requests May Address the “Application of Law to Fact” and Upholds Strict Consequences for Non-Response 1. Introduction In Cement and Concrete...
Hernandez v. McIntosh:  Seibert-Compliant Jury Instructions and the Limits of AEDPA Harmless-Error Deference

Hernandez v. McIntosh: Seibert-Compliant Jury Instructions and the Limits of AEDPA Harmless-Error Deference

Date: Jul 22, 2025
Hernandez v. McIntosh: Seibert-Compliant Jury Instructions and the Limits of AEDPA Harmless-Error Deference 1. Introduction Pedro Hernandez was convicted in New York State court of the 1979...
United States v. Adamu: Automated Forensic Reports Held Non-Testimonial and §959’s Extraterritorial Reach Reaffirmed

United States v. Adamu: Automated Forensic Reports Held Non-Testimonial and §959’s Extraterritorial Reach Reaffirmed

Date: Jul 22, 2025
United States v. Adamu: Automated Forensic Reports Held Non-Testimonial and §959’s Extraterritorial Reach Reaffirmed Introduction United States v. Adamu, Nos. 23-6561 & 23-6696 (2d Cir. July 21,...
“Culpable-Nexus” Doctrine Under JASTA – A Commentary on Wildman v. Deutsche Bank

“Culpable-Nexus” Doctrine Under JASTA – A Commentary on Wildman v. Deutsche Bank

Date: Jul 22, 2025
Wildman v. Deutsche Bank – The Second Circuit Crystallises a “Culpable-Nexus” Requirement for Bank Liability under JASTA 1. Introduction In Wildman v. Deutsche Bank, Docket No. 23-132 (2d Cir....
Cable First v. Lepetiuk Engineering: The Second Circuit’s Clear Warning on Frivolous Appeals, Misrepresented Ownership, and Rule 38 Sanctions

Cable First v. Lepetiuk Engineering: The Second Circuit’s Clear Warning on Frivolous Appeals, Misrepresented Ownership, and Rule 38 Sanctions

Date: Jul 22, 2025
Cable First v. Lepetiuk Engineering: The Second Circuit’s Clear Warning on Frivolous Appeals, Misrepresented Ownership, and Rule 38 Sanctions Introduction Cable First Construction, Inc. (“Cable...
Clarifying Warrant-Exception Boundaries During Police “Wellness Checks” – A Commentary on Alicea v. City of Bridgeport

Clarifying Warrant-Exception Boundaries During Police “Wellness Checks” – A Commentary on Alicea v. City of Bridgeport

Date: Jul 22, 2025
Clarifying Warrant-Exception Boundaries During Police “Wellness Checks” – A Commentary on Alicea v. City of Bridgeport 1. Introduction Jurisdiction & Panel: Second Circuit Court of Appeals (Judges...
Perpetuating Diversity Jurisdiction after Partial Dismissal: The Second Circuit’s Clarification in Banga v. Lustig (2025)

Perpetuating Diversity Jurisdiction after Partial Dismissal: The Second Circuit’s Clarification in Banga v. Lustig (2025)

Date: Jul 22, 2025
Perpetuating Diversity Jurisdiction after Partial Dismissal: The Second Circuit’s Clarification in Banga v. Lustig (2025) Introduction Banga v. Lustig, 24-140-cv, is a Second Circuit summary order...
Clarifying Section 29(b) Rescission: Convertible Notes Not Voidable Absent Contractual Broker-Dealer Obligations – Commentary on EMA Financial, LLC v. Vystar Corp. (2d Cir. 2025)

Clarifying Section 29(b) Rescission: Convertible Notes Not Voidable Absent Contractual Broker-Dealer Obligations – Commentary on EMA Financial, LLC v. Vystar Corp. (2d Cir. 2025)

Date: Jul 22, 2025
Clarifying Section 29(b) Rescission: Convertible Notes Not Voidable Absent Contractual Broker-Dealer Obligations – Commentary on EMA Financial, LLC v. Vystar Corp. (2d Cir. 2025) Introduction The...
Gluck v. Hecla Mining Co.: The Second Circuit’s Reinforcement of Strict PSLRA Pleading—Puffery, Scienter, and Safe-Harbor in Securities Fraud

Gluck v. Hecla Mining Co.: The Second Circuit’s Reinforcement of Strict PSLRA Pleading—Puffery, Scienter, and Safe-Harbor in Securities Fraud

Date: Jul 22, 2025
Gluck v. Hecla Mining Co.: The Second Circuit’s Reinforcement of Strict PSLRA Pleading—Puffery, Scienter, and Safe-Harbor in Securities Fraud Introduction In Gluck v. Hecla Mining Co. (24-2947-cv),...
Standard Account Terms as a Global Waiver of Sovereign Immunity & The Civil Nature of Large Coercive Fines ― A Commentary on JPMorgan Chase Bank, N.A. v. VTB Bank, P.J.S.C. (2d Cir. 2025)

Standard Account Terms as a Global Waiver of Sovereign Immunity & The Civil Nature of Large Coercive Fines ― A Commentary on JPMorgan Chase Bank, N.A. v. VTB Bank, P.J.S.C. (2d Cir. 2025)

Date: Jul 22, 2025
Standard Account Terms as a Global Waiver of Sovereign Immunity & The Civil Nature of Large Coercive Fines Comprehensive Commentary on JPMorgan Chase Bank, N.A. v. VTB Bank, P.J.S.C. United States...
The Illusion of APA Work-Arounds: Quezada Palacios v. Bondi and the Second Circuit’s Re-affirmation of § 1252(a)(2)(B)’s Jurisdictional Bar

The Illusion of APA Work-Arounds: Quezada Palacios v. Bondi and the Second Circuit’s Re-affirmation of § 1252(a)(2)(B)’s Jurisdictional Bar

Date: Jul 22, 2025
The Illusion of APA Work-Arounds: Quezada Palacios v. Bondi and the Second Circuit’s Re-affirmation of § 1252(a)(2)(B)’s Jurisdictional Bar 1. Introduction Kevin Donely Quezada Palacios (“Quezada”),...
“Hostile Appropriation by a Co-Owner” and “Active Concealment” as Dual Triggers: Commentary on Su v. Yeh (2d Cir. 2025)

“Hostile Appropriation by a Co-Owner” and “Active Concealment” as Dual Triggers: Commentary on Su v. Yeh (2d Cir. 2025)

Date: Jul 22, 2025
“Hostile Appropriation by a Co-Owner” and “Active Concealment” as Dual Triggers for Conversion & Equitable Estoppel: An In-Depth Commentary on Su v. Yeh, 24-0653 (2d Cir. 2025) 1. Introduction...

Second Circuit Endorses “One-Facility / One-Remediation” Rule: 
Statute of Limitations Under CERCLA Runs from the First Physical Cleanup

Second Circuit Endorses “One-Facility / One-Remediation” Rule: Statute of Limitations Under CERCLA Runs from the First Physical Cleanup

Date: Jul 22, 2025
Second Circuit Endorses “One-Facility / One-Remediation” Rule: Statute of Limitations Under CERCLA Runs from the First Physical Cleanup I. Introduction On 17 July 2025, the United States Court of...
“Grave Doubt” in Coram Nobis: Johnson v. United States and the Second Circuit’s Refined Harmless-Error Framework after Ciminelli

“Grave Doubt” in Coram Nobis: Johnson v. United States and the Second Circuit’s Refined Harmless-Error Framework after Ciminelli

Date: Jul 22, 2025
“Grave Doubt” in Coram Nobis: Johnson v. United States and the Second Circuit’s Refined Harmless-Error Framework after Ciminelli Introduction Johnson v. United States, No. 24-1221 (2d Cir. July 17,...

        Qualified Immunity for Indirect Regulatory Coercion of Non-Expressive Conduct:
        A Commentary on Nat’l Rifle Ass’n of Am. v. Vullo (2d Cir. 2025)

Qualified Immunity for Indirect Regulatory Coercion of Non-Expressive Conduct: A Commentary on Nat’l Rifle Ass’n of Am. v. Vullo (2d Cir. 2025)

Date: Jul 22, 2025
Qualified Immunity for Indirect Regulatory Coercion of Non-Expressive Conduct: A Commentary on Nat’l Rifle Ass’n of Am. v. Vullo (2d Cir. 2025) 1. Introduction On 17 July 2025 the United States Court...
“Contingent GDP-Linked Payments Are Not ‘Principal or Interest’” – Commentary on Argentine GDP-Linked Securities Litigation (2d Cir. 2025)

“Contingent GDP-Linked Payments Are Not ‘Principal or Interest’” – Commentary on Argentine GDP-Linked Securities Litigation (2d Cir. 2025)

Date: Jul 22, 2025
“Contingent GDP-Linked Payments Are Not ‘Principal or Interest’” Commentary on the Second Circuit’s Argentine GDP-Linked Securities Litigation Summary Order (2025) 1. Introduction The Second...
Re-affirming the “Central Reason” Nexus Standard in Mixed-Motive Asylum Cases: A Commentary on Figueroa-Serrano v. Bondi (2d Cir. 2025)

Re-affirming the “Central Reason” Nexus Standard in Mixed-Motive Asylum Cases: A Commentary on Figueroa-Serrano v. Bondi (2d Cir. 2025)

Date: Jul 22, 2025
Re-affirming the “Central Reason” Nexus Standard in Mixed-Motive Asylum Cases: A Commentary on Figueroa-Serrano v. Bondi (2d Cir. 2025) 1. Introduction In Figueroa-Serrano v. Bondi, the United States...
Fredricks v. Shaheen: The Second Circuit Re-emphasizes the Courts’ Dual Duty to Furnish Rule 56 Notice and Verify Service on Pro Se Litigants

Fredricks v. Shaheen: The Second Circuit Re-emphasizes the Courts’ Dual Duty to Furnish Rule 56 Notice and Verify Service on Pro Se Litigants

Date: Jul 22, 2025
Fredricks v. Shaheen: The Second Circuit Re-emphasizes the Courts’ Dual Duty to Furnish Rule 56 Notice and Verify Service on Pro Se Litigants Introduction Fredricks v. Shaheen, No. 22-2480 (2d Cir....
Clarifying the Dual Reasonableness Requirement in Visual Body-Cavity Searches – A Commentary on Hester v. Kelly (2d Cir. 2025)

Clarifying the Dual Reasonableness Requirement in Visual Body-Cavity Searches – A Commentary on Hester v. Kelly (2d Cir. 2025)

Date: Jul 22, 2025
Clarifying the Dual Reasonableness Requirement in Visual Body-Cavity Searches: A Comprehensive Commentary on Hester v. Kelly (2d Cir. 2025) I. Introduction On 16 July 2025 the United States Court of...
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