2d Circuit Case Commentaries

Nonprecedential but Instructive: Rigorous Limits on Appellate Review of “Exceptional and Extremely Unusual Hardship” Findings in Cancellation of Removal

Date: Apr 10, 2026

Nonprecedential but Instructive: Rigorous Limits on Appellate Review of “Exceptional and Extremely Unusual Hardship” Findings in Cancellation of Removal Status of the decision. This is a Second...

United States v. Ragano: Victim State of Mind Is Not an Element of § 894 and “Entrapment-Like” FBI-Cooperation Evidence May Be Excluded Under Rule 403

Date: Apr 10, 2026

United States v. Ragano: Victim State of Mind Is Not an Element of § 894 and “Entrapment-Like” FBI-Cooperation Evidence May Be Excluded Under Rule 403 Court: United States Court of Appeals for the...

Pleading Actual Malice for Limited-Purpose Public Figures: Context, Attribution, and Disclosed Contradictions Defeat Defamation Claims

Date: Apr 9, 2026

Pleading Actual Malice for Limited-Purpose Public Figures: Context, Attribution, and Disclosed Contradictions Defeat Defamation Claims Decision: McGillvary v. Rolling Stone, LLC (2d Cir. Apr. 8,...

Admissions at Reentry Can Trigger “Seeking Admission” Status for Returning LPRs Under 8 U.S.C. § 1101(a)(13)(C)(v) Without a Final Conviction

Date: Apr 9, 2026

Admissions at Reentry Can Trigger “Seeking Admission” Status for Returning LPRs Under 8 U.S.C. § 1101(a)(13)(C)(v) Without a Final Conviction Introduction In Peralta Taveras v. Blanche (2d Cir. Apr....

Bitcoin-for-Cash Exchanges Are “Transferring Funds” Under 18 U.S.C. § 1960

Date: Apr 8, 2026

Bitcoin-for-Cash Exchanges Are “Transferring Funds” Under 18 U.S.C. § 1960 I. Introduction In United States v. Goklu (2d Cir. Apr. 7, 2026), the Second Circuit affirmed the conviction of Mustafa...

Ambiguity in Shepard Materials Defeats § 924(c) Predicate for VICAR Assault with a Deadly Weapon After Davis and Borden

Date: Apr 8, 2026

Ambiguity in Shepard Materials Defeats § 924(c) Predicate for VICAR Assault with a Deadly Weapon After Davis and Borden Introduction In Campbell v. United States (2d Cir. Apr. 6, 2026) (summary...

No-Merger Rule on Rule 41(b) Dismissals: Appellate Jurisdiction Cannot Reach Prior Interlocutory Orders

Date: Apr 8, 2026

No-Merger Rule on Rule 41(b) Dismissals: Appellate Jurisdiction Cannot Reach Prior Interlocutory Orders Case: Curry-Malcolm v. Rochester City Sch. Dist., Nos. 24-2838 (Lead), 24-2873 (Con) Court:...

UCC Statute of Frauds Bars Unwritten Supply Commitments; No § 2-309(3) Notice Liability Without an Enforceable Contract; Course of Dealing Does Not Create a Duty to Grant Order “Rollovers”

Date: Apr 8, 2026

UCC Statute of Frauds Bars Unwritten Supply Commitments; No § 2-309(3) Notice Liability Without an Enforceable Contract; Course of Dealing Does Not Create a Duty to Grant Order “Rollovers” Case:...

Forged Proof of Agency Authority as “Sophisticated Means” and the High Bar for Severance in Joint Fraud Trials (Second Circuit Summary Order)

Date: Apr 8, 2026

Forged Proof of Agency Authority as “Sophisticated Means” and the High Bar for Severance in Joint Fraud Trials (Second Circuit Summary Order) Case: United States v. Davidson, No. 24-448 (2d Cir. Apr....

Trustee Standing Under § 544(a) to Bring Delaware Outsider Reverse Veil-Piercing (Alter-Ego) Claims as General Claims

Date: Apr 8, 2026

Trustee Standing Under § 544(a) to Bring Delaware Outsider Reverse Veil-Piercing (Alter-Ego) Claims as General Claims 1. Introduction In re: Kwok (2d Cir. Apr. 6, 2026) arises from the Chapter 11...

28 U.S.C. § 1332(c)(1) Does Not Confer Diversity Citizenship on Federally Chartered Corporations Based Solely on Principal Place of Business

Date: Apr 8, 2026

28 U.S.C. § 1332(c)(1) Does Not Confer Diversity Citizenship on Federally Chartered Corporations Based Solely on Principal Place of Business 1. Introduction Schneiderman v. American Chemical Society...

Retaliation for an Ex-Partner’s Death Does Not Establish Asylum Nexus; Proposed Domestic-Relationship Social Groups Must Be Socially Distinct Beyond the Persecutor’s Perception

Date: Apr 5, 2026

Retaliation for an Ex-Partner’s Death Does Not Establish Asylum Nexus; Proposed Domestic-Relationship Social Groups Must Be Socially Distinct Beyond the Persecutor’s Perception 1. Introduction In...

Pending FTCA Damages Claims Rarely Justify Administrative Closure or Continuance Absent Likely Immigration-Case Impact

Date: Apr 4, 2026

Pending FTCA Damages Claims Rarely Justify Administrative Closure or Continuance Absent Likely Immigration-Case Impact 1. Introduction Barzallo-Andrade v. Blanche (2d Cir. Apr. 3, 2026) is a...

Tucker v. United States — No Per Se Conflict from Counsel’s Unrelated SDNY Investigation; Conflict-Free Co-Counsel Suffices for Curcio Advice

Date: Apr 4, 2026

Tucker v. United States: Limiting “Per Se” Sixth Amendment Conflicts to the Two Traditional Categories, and Clarifying that Conflict-Free Co-Counsel Can Provide Curcio Guidance 1. Introduction In...

Time-of-Filing Domicile Controls Diversity Jurisdiction; Post-Judgment Amendment Requires Vacatur; Appellate Jurisdiction Requires a Notice of Appeal from Reconsideration

Date: Apr 4, 2026

Time-of-Filing Domicile Controls Diversity Jurisdiction; Post-Judgment Amendment Requires Vacatur; Appellate Jurisdiction Requires a Notice of Appeal from Reconsideration 1. Introduction In Powell v....

Penzo v. Consolidated Edison Co. of N.Y.: Pretrial Authentication of Medical Records Under FRE 902(11) and No New Trial Without Concrete Prejudice from Alleged Trial Misconduct

Date: Apr 4, 2026

Penzo v. Consolidated Edison Co. of N.Y.: Pretrial Authentication of Medical Records Under FRE 902(11) and No New Trial Without Concrete Prejudice from Alleged Trial Misconduct Introduction In Penzo...

Deep Fee Cuts Affirmed: Denial of “Fees on Fees” and Across-the-Board Reductions for Unreliable, Vague, and Block-Billed Time Records

Date: Apr 4, 2026

Deep Fee Cuts Affirmed: Denial of “Fees on Fees” and Across-the-Board Reductions for Unreliable, Vague, and Block-Billed Time Records 1. Introduction Gym Door Repairs, Inc. and Safepath Systems LLC...

IDEA Judicial Review: District Courts Must Defer to Reasoned SRO Findings on Mixed Fact–Law Placement/IAES Questions

Date: Apr 4, 2026

IDEA Judicial Review: District Courts Must Defer to Reasoned SRO Findings on Mixed Fact–Law Placement/IAES Questions 1. Introduction In Bd. of Educ. of the Mamaroneck Union Free Sch. Dist. v. A.N.S....

Rule-of-Reason Sherman Act Claims Against the Ivy League Require Plausible Market Definition (American Express Footnote Narrowly Construed)

Date: Apr 4, 2026

Rule-of-Reason Sherman Act Claims Against the Ivy League Require Plausible Market Definition (American Express Footnote Narrowly Construed) 1. Introduction Case: Choh v. Brown University (2d Cir....

Nonprecedential Summary Order Reinforcing Strict Limits on Late Expert Supplements, Speculative Causation Opinions, and the Narrow Scope of Connecticut’s Consumer-Expectations Design-Defect Test

Date: Apr 4, 2026

Nonprecedential Summary Order Reinforcing Strict Limits on Late Expert Supplements, Speculative Causation Opinions, and the Narrow Scope of Connecticut’s Consumer-Expectations Design-Defect Test...

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