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2d Circuit Case Commentaries

United States v. Raniere: Second Circuit Reaffirms Strict Standards for Rule 33 “Newly Discovered Evidence,” No Freestanding Post‑Judgment Discovery Right, and the High Bar for Judicial Recusal

United States v. Raniere: Second Circuit Reaffirms Strict Standards for Rule 33 “Newly Discovered Evidence,” No Freestanding Post‑Judgment Discovery Right, and the High Bar for Judicial Recusal

Date: Oct 30, 2025
United States v. Raniere: Second Circuit Reaffirms Strict Standards for Rule 33 “Newly Discovered Evidence,” No Freestanding Post‑Judgment Discovery Right, and the High Bar for Judicial Recusal...
When a Conspiracy Acquittal Necessarily Rejects the Core Factual Theory, Double Jeopardy Bars Retrial on Substantive Counts — United States v. Cole (2d Cir. 2025)

When a Conspiracy Acquittal Necessarily Rejects the Core Factual Theory, Double Jeopardy Bars Retrial on Substantive Counts — United States v. Cole (2d Cir. 2025)

Date: Oct 30, 2025
When a Conspiracy Acquittal Necessarily Rejects the Core Factual Theory, Double Jeopardy Bars Retrial on Substantive Counts — United States v. Cole (2d Cir. 2025) Introduction In United States v....
Ceccarelli v. Morgan Stanley: Second Circuit reiterates the Rooker-Feldman/Res Judicata divide in post-foreclosure TILA suits and requires without-prejudice jurisdictional dismissals

Ceccarelli v. Morgan Stanley: Second Circuit reiterates the Rooker-Feldman/Res Judicata divide in post-foreclosure TILA suits and requires without-prejudice jurisdictional dismissals

Date: Oct 28, 2025
Ceccarelli v. Morgan Stanley: Second Circuit reiterates the Rooker-Feldman/Res Judicata divide in post-foreclosure TILA suits and requires without-prejudice jurisdictional dismissals Introduction In...
Non‑Reserved Acceptance Triggers Inter‑Insurer Estoppel: Second Circuit Affirms Standing, Reliance, and Prejudice in Penn‑Star v. Dongbu

Non‑Reserved Acceptance Triggers Inter‑Insurer Estoppel: Second Circuit Affirms Standing, Reliance, and Prejudice in Penn‑Star v. Dongbu

Date: Oct 28, 2025
Non‑Reserved Acceptance Triggers Inter‑Insurer Estoppel: Second Circuit Affirms Standing, Reliance, and Prejudice in Penn‑Star v. Dongbu Court: United States Court of Appeals for the Second Circuit...
Residential Storage Triggers the §2D1.1(b)(12) “Stash House” Enhancement; DWAI Always Counts in Criminal History Under Amended §4A1.2 cmt. n.5; Appeal Waiver Bars Fine Challenge — United States v. Luizzi (2d Cir. 2025 Summary Order)

Residential Storage Triggers the §2D1.1(b)(12) “Stash House” Enhancement; DWAI Always Counts in Criminal History Under Amended §4A1.2 cmt. n.5; Appeal Waiver Bars Fine Challenge — United States v. Luizzi (2d Cir. 2025 Summary Order)

Date: Oct 28, 2025
Residential Storage Triggers the §2D1.1(b)(12) “Stash House” Enhancement; DWAI Always Counts in Criminal History Under Amended §4A1.2 cmt. n.5; Appeal Waiver Bars Fine Challenge — United States v....
Second Circuit Reaffirms PLRA 150% Fee Cap and Declines “Mini En Banc” Reconsideration in Webb v. Trombley

Second Circuit Reaffirms PLRA 150% Fee Cap and Declines “Mini En Banc” Reconsideration in Webb v. Trombley

Date: Oct 28, 2025
Second Circuit Reaffirms PLRA 150% Fee Cap and Declines “Mini En Banc” Reconsideration in Webb v. Trombley Introduction In Webb v. Trombley, No. 24-2582-pr (2d Cir. Oct. 24, 2025) (Summary Order),...
Second Circuit Confirms Constitutional Limit on Mandatory § 1226(c) Detention: Bond Hearing Required Once Detention Becomes Unreasonably Prolonged, With Government’s Clear-and-Convincing Burden

Second Circuit Confirms Constitutional Limit on Mandatory § 1226(c) Detention: Bond Hearing Required Once Detention Becomes Unreasonably Prolonged, With Government’s Clear-and-Convincing Burden

Date: Oct 28, 2025
Second Circuit Confirms Constitutional Limit on Mandatory § 1226(c) Detention: Bond Hearing Required Once Detention Becomes Unreasonably Prolonged, With Government’s Clear-and-Convincing Burden...
Qualifying-Child Status for Non–LPR Cancellation Is Measured at Adjudication, Not Filing: Yupangui‑Yunga v. Bondi (2d Cir. 2025)

Qualifying-Child Status for Non–LPR Cancellation Is Measured at Adjudication, Not Filing: Yupangui‑Yunga v. Bondi (2d Cir. 2025)

Date: Oct 28, 2025
Qualifying-Child Status for Non–LPR Cancellation Is Measured at Adjudication, Not Filing Commentary on Yupangui‑Yunga v. Bondi, No. 23‑6522 (2d Cir. Oct. 24, 2025) Introduction In this precedential...
Minimal Inference Reaffirmed: Coworker Allegations and Facially Neutral Acts May Form the “Mosaic” Supporting Title VII/NYSHRL Pleadings

Minimal Inference Reaffirmed: Coworker Allegations and Facially Neutral Acts May Form the “Mosaic” Supporting Title VII/NYSHRL Pleadings

Date: Oct 25, 2025
Minimal Inference Reaffirmed: Coworker Allegations and Facially Neutral Acts May Form the “Mosaic” Supporting Title VII/NYSHRL Pleadings Case: Brown v. Montefiore Health System, Inc., No. 24-3078-cv...
“Something More” Still Means More: Second Circuit Reaffirms Narrow Defamation Jurisdiction Under CPLR 302(a)(1) and Rejects Property-Based Hook Under 302(a)(4) for Third-Party USPS “Known Office of Publication”

“Something More” Still Means More: Second Circuit Reaffirms Narrow Defamation Jurisdiction Under CPLR 302(a)(1) and Rejects Property-Based Hook Under 302(a)(4) for Third-Party USPS “Known Office of Publication”

Date: Oct 25, 2025
“Something More” Still Means More: Second Circuit Reaffirms Narrow Defamation Jurisdiction Under CPLR 302(a)(1) and Rejects Property-Based Hook Under 302(a)(4) for Third-Party USPS “Known Office of...
“Outside the Heartland” in §924(c) Sentencing: Second Circuit Affirms Significant Upward Variances When Firearm Use Results in Homicide

“Outside the Heartland” in §924(c) Sentencing: Second Circuit Affirms Significant Upward Variances When Firearm Use Results in Homicide

Date: Oct 25, 2025
“Outside the Heartland” in §924(c) Sentencing: Second Circuit Affirms Significant Upward Variances When Firearm Use Results in Homicide Introduction In United States v. Ben-Jochannan (consolidated...
Harmless Guidelines Error under a Rule 11(c)(1)(C) Plea and “Self‑Evident” Justification for Alcohol‑Abstinence Conditions: United States v. Goins (2d Cir. 2025)

Harmless Guidelines Error under a Rule 11(c)(1)(C) Plea and “Self‑Evident” Justification for Alcohol‑Abstinence Conditions: United States v. Goins (2d Cir. 2025)

Date: Oct 25, 2025
Harmless Guidelines Error under a Rule 11(c)(1)(C) Plea and “Self‑Evident” Justification for Alcohol‑Abstinence Conditions: United States v. Goins (2d Cir. 2025) Note on precedential status: This is...
Second Circuit Narrows “Misappropriation” Exclusion: Client‑Authorized Fund Transfers Do Not Defeat Duty to Defend Under New York Law

Second Circuit Narrows “Misappropriation” Exclusion: Client‑Authorized Fund Transfers Do Not Defeat Duty to Defend Under New York Law

Date: Oct 25, 2025
Second Circuit Narrows “Misappropriation” Exclusion: Client‑Authorized Fund Transfers Do Not Defeat Duty to Defend Under New York Law Introduction In Marcus & Cinelli, LLP v. Aspen American Insurance...
Material Omissions and Conflicting Residence Evidence Sustain Adverse Credibility Under the REAL ID Act: Chen v. Bondi (2d Cir. 2025) [Summary Order]

Material Omissions and Conflicting Residence Evidence Sustain Adverse Credibility Under the REAL ID Act: Chen v. Bondi (2d Cir. 2025) [Summary Order]

Date: Oct 24, 2025
Material Omissions and Conflicting Residence Evidence Sustain Adverse Credibility Under the REAL ID Act: Chen v. Bondi (2d Cir. 2025) [Summary Order] Court: United States Court of Appeals for the...
Circumstance-Specific Proof of Protection-Order Violations May Rely on PSIs and Conviction Elements; Indictment Time Ranges Can Fix CIMT “Commission” Date for Stop-Time Purposes

Circumstance-Specific Proof of Protection-Order Violations May Rely on PSIs and Conviction Elements; Indictment Time Ranges Can Fix CIMT “Commission” Date for Stop-Time Purposes

Date: Oct 24, 2025
Circumstance-Specific Proof of Protection-Order Violations May Rely on PSIs and Conviction Elements; Indictment Time Ranges Can Fix CIMT “Commission” Date for Stop-Time Purposes Case: Moco v. Bondi,...
Second Circuit Clarifies Pro Se Estate Representation and Upholds Qualified Immunity for Warrantless Code‑Enforcement Entry Under Claimed Exigent Circumstances: Simmons v. Incorporated Village of Rockville Centre

Second Circuit Clarifies Pro Se Estate Representation and Upholds Qualified Immunity for Warrantless Code‑Enforcement Entry Under Claimed Exigent Circumstances: Simmons v. Incorporated Village of Rockville Centre

Date: Oct 24, 2025
Second Circuit Clarifies Pro Se Estate Representation and Upholds Qualified Immunity for Warrantless Code‑Enforcement Entry Under Claimed Exigent Circumstances Case: Simmons v. Incorporated Village...
No §3C1.1 Obstruction Enhancement on a Bare “Perjury” Label: Second Circuit Requires Discernable Dunnigan Findings in United States v. Onah

No §3C1.1 Obstruction Enhancement on a Bare “Perjury” Label: Second Circuit Requires Discernable Dunnigan Findings in United States v. Onah

Date: Oct 24, 2025
No §3C1.1 Obstruction Enhancement on a Bare “Perjury” Label: Second Circuit Requires Discernable Dunnigan Findings in United States v. Onah Introduction In a summary order issued on October 21, 2025,...
Second Circuit: No Property Right to Continue as a Medicaid Fiscal Intermediary; CDPAP Consolidation Survives Takings, Contracts, and Due Process Challenges

Second Circuit: No Property Right to Continue as a Medicaid Fiscal Intermediary; CDPAP Consolidation Survives Takings, Contracts, and Due Process Challenges

Date: Oct 24, 2025
Second Circuit: No Property Right to Continue as a Medicaid Fiscal Intermediary; CDPAP Consolidation Survives Takings, Contracts, and Due Process Challenges Introduction In Principle Homecare, LLC v....
(Nonprecedential) Second Circuit Clarifies That Home Health Care Benefits Require Either a Licensed Agency or a Certified/Licensed Aide: Jackling v. Brighthouse Life Insurance Co.

(Nonprecedential) Second Circuit Clarifies That Home Health Care Benefits Require Either a Licensed Agency or a Certified/Licensed Aide: Jackling v. Brighthouse Life Insurance Co.

Date: Oct 22, 2025
(Nonprecedential) Second Circuit Clarifies That Home Health Care Benefits Require Either a Licensed Agency or a Certified/Licensed Aide: Jackling v. Brighthouse Life Insurance Co. Introduction In an...
Express Incorporation of “Standard Conditions 1–12” Satisfies Maiorana; Delegation of Treatment Details and Third‑Party Search Notifications Upheld

Express Incorporation of “Standard Conditions 1–12” Satisfies Maiorana; Delegation of Treatment Details and Third‑Party Search Notifications Upheld

Date: Oct 22, 2025
Express Incorporation of “Standard Conditions 1–12” Satisfies Maiorana; Delegation of Treatment Details and Third‑Party Search Notifications Upheld Introduction In United States v. Randolph, No....
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