2d Circuit Case Commentaries

Waiver of Procedural Challenges and Substantive Reasonableness in Sentencing: Analysis of United States v. Cepeda

Date: Dec 9, 2024

Waiver of Procedural Challenges and Substantive Reasonableness in Sentencing: Analysis of United States v. Cepeda Introduction In the case of United States of America v. Luis Cepeda, decided on...

Affirmation of Domestic Relations Abstention and Pre-Filing Injunction in Zappin v. Comfort

Date: Dec 9, 2024

Affirmation of Domestic Relations Abstention and Pre-Filing Injunction in Zappin v. Comfort Introduction The case of Anthony Zappin, Plaintiff-Appellant, versus Claire Comfort and associated...

Substantial Truth and Fair Report Privilege Uphold Dismissal of Defamation Claims in Olivet University v. Newsweek Digital

Date: Dec 9, 2024

Substantial Truth and Fair Report Privilege Uphold Dismissal of Defamation Claims in Olivet University v. Newsweek Digital Introduction In the landmark case of Olivet University, Plaintiff-Appellant,...

United States v. Martin: Upholding Sentencing Enhancements for Serious Bodily Injury and Vulnerable Victims

Date: Dec 9, 2024

United States v. Martin: Upholding Sentencing Enhancements for Serious Bodily Injury and Vulnerable Victims Introduction The case of United States of America v. John Martin involves complex issues...

Second Circuit Affirms Immigration Court Jurisdiction Despite Deficient Notice to Appear

Date: Dec 9, 2024

Second Circuit Affirms Immigration Court Jurisdiction Despite Deficient Notice to Appear Introduction The case of United States of America v. Miguel Martinez Beltran presents significant insights...

Second Circuit Reinforces 'Social Distinctiveness' Requirement in Asylum Claims

Date: Dec 9, 2024

Second Circuit Reinforces 'Social Distinctiveness' Requirement in Asylum Claims Introduction The case of Fausto Enrique Angamarca-Bueno v. Merrick B. Garland represents a significant affirmation of...

Clarifying Standards for Supervised Release and Restitution: Second Circuit's Affirmation in United States v. Carney

Date: Dec 9, 2024

Clarifying Standards for Supervised Release and Restitution: Second Circuit's Affirmation in United States v. Carney Introduction In the case of United States of America v. Donna Carney, decided on...

Affirmation of Summary Judgment Upholding Objective Reasonableness in Excessive Force Claims

Date: Dec 9, 2024

Affirmation of Summary Judgment Upholding Objective Reasonableness in Excessive Force Claims Introduction In the case of Roxanne Purcell, Estate of Garland Tyree Jr., Plaintiff-Appellant, versus City...

Affirmation of Statute of Limitations in section 1983 Claims: Khokhar v. Warmhold

Date: Dec 7, 2024

Affirmation of Statute of Limitations in section 1983 Claims: Khokhar v. Warmhold Introduction Khokhar v. Warmhold is a recent decision by the United States Court of Appeals for the Second Circuit,...

Affirmation of Rooker-Feldman Doctrine in Kamdem-Ouaffo v. Baker Botts LLP

Date: Dec 7, 2024

Affirmation of Rooker-Feldman Doctrine in Kamdem-Ouaffo v. Baker Botts LLP Introduction In the case of Ricky Kamdem-Ouaffo v. Baker Botts LLP, the United States Court of Appeals for the Second...

Knowing the One‑Year Deadline Undercuts “Extraordinary Circumstances”; Family Affidavits Are Reasonably Obtainable Corroboration — Deleg‑Penaranda v. Garland (2d Cir. 2024)

Date: Dec 5, 2024

Knowing the One‑Year Deadline Undercuts “Extraordinary Circumstances”; Family Affidavits Are Reasonably Obtainable Corroboration — Deleg‑Penaranda v. Garland (2d Cir. 2024) Note: This is a Second...

Consent Monitorship Clauses Mandating Conversion to Receivership Are Enforceable Without Additional Equitable Findings

Date: Dec 4, 2024

Consent Monitorship Clauses Mandating Conversion to Receivership Are Enforceable Without Additional Equitable Findings Introduction In a nonprecedential but highly instructive summary order, the...

Reaffirming the Duty to Explain Major Upward Variances in Supervised Release Revocations: United States v. Ramos (2d Cir. Summary Order)

Date: Dec 4, 2024

Reaffirming the Duty to Explain Major Upward Variances in Supervised Release Revocations: United States v. Ramos (2d Cir. Summary Order) Introduction This Second Circuit summary order vacates a...

Reaffirming Deference to Adverse Credibility Determinations and the Evidentiary Weight of Consular Records in Asylum Adjudication

Date: Dec 4, 2024

Reaffirming Deference to Adverse Credibility Determinations and the Evidentiary Weight of Consular Records in Asylum Adjudication Introduction In this nonprecedential summary order, the United States...

Enforcing the Frow Principle: Ensuring Consistent Dismissals Under the Prison Litigation Reform Act

Date: Nov 26, 2024

Enforcing the Frow Principle: Ensuring Consistent Dismissals Under the Prison Litigation Reform Act Introduction In the landmark case of Moore v. Booth, the United States Court of Appeals for the...

Second Circuit Reinforces Standards for Credibility in Asylum Cases: Importance of Consistent Testimony and Corroboration

Date: Nov 25, 2024

Second Circuit Reinforces Standards for Credibility in Asylum Cases: Importance of Consistent Testimony and Corroboration Introduction The case of Liang Chen v. Merrick B. Garland adjudicated by the...

Insurers Mandated to Provide Underinsured Motorist Coverage Regardless of Retained Limits: Loomis v. ACE Decision

Date: Nov 24, 2024

Insurers Mandated to Provide Underinsured Motorist Coverage Regardless of Retained Limits: Loomis v. ACE Decision Introduction The legal landscape surrounding underinsured motorist (UM) and uninsured...

Affirmation of "Now Settled" Defense in Hague Convention Child Abduction Case

Date: Nov 24, 2024

Affirmation of "Now Settled" Defense in Hague Convention Child Abduction Case Introduction In the case of Raphael Stein, acting on behalf of his minor children J.S., Z.N., and A.Z., versus Adeena...

Jurisdictional Boundaries in Successive 28 U.S.C. § 2255 Petitions: Insights from Forbes v. United States

Date: Nov 24, 2024

Jurisdictional Boundaries in Successive 28 U.S.C. § 2255 Petitions: Insights from Forbes v. United States Introduction In the landmark case of Dennis Forbes, Petitioner-Appellant, v. United States of...

Collateral Order Doctrine Affirmed in Pro Se Estate Representation: Clark v. Santander Bank

Date: Nov 24, 2024

Collateral Order Doctrine Affirmed in Pro Se Estate Representation: Clark v. Santander Bank Introduction In the landmark case Gordon Clark v. Santander Bank, N.A., et al., the United States Court of...