2d Circuit Case Commentaries

Forfeiture and Evidence Limits in NYCHRL/NYSHRL Employer Liability for Employee Sexual Misconduct (Eckhart v. Fox News)

Date: Apr 26, 2026

Forfeiture and Evidence Limits in NYCHRL/NYSHRL Employer Liability for Employee Sexual Misconduct Commentary on Eckhart v. Fox News Network, LLC, No. 25-1538 (2d Cir. Apr. 24, 2026) (Summary Order)....

Hiya v. United States: Reaffirming the Presumption Against Bail Pending Extradition and Rejecting Private-Security “Self-Detention” Absent Wealth-Driven Flight Risk

Date: Apr 26, 2026

Hiya v. United States: Reaffirming the Presumption Against Bail Pending Extradition and Rejecting Private-Security “Self-Detention” Absent Wealth-Driven Flight Risk 1. Introduction In Hiya v. United...

Kulmann v. U.S. Postal Serv.: The FTCA “Postal Exception” Bars Damages Claims for Intentional Non-Delivery of Mail, and Federal Criminal Statutes Create No Private Civil Cause of Action

Date: Apr 26, 2026

Kulmann v. U.S. Postal Serv.: The FTCA “Postal Exception” Bars Damages Claims for Intentional Non-Delivery of Mail, and Federal Criminal Statutes Create No Private Civil Cause of Action 1....

Full-Video Republishing Is Hard to Dismiss as Fair Use on the Pleadings; Prominent Screenshots Aren’t De Minimis; YouTube TOS License Authorizes Embeds

Date: Apr 24, 2026

Full-Video Republishing Is Hard to Dismiss as Fair Use on the Pleadings; Prominent Screenshots Aren’t De Minimis; YouTube TOS License Authorizes Embeds 1. Introduction In Richardson v. Townsquare...

Golden v. NBCUniversal Media: Reaffirming Solomon’s “Ordinary Person” Test for VPPA PII and Narrowing the “Intervening Supreme Court” Escape Hatch

Date: Apr 24, 2026

Golden v. NBCUniversal Media: Reaffirming Solomon’s “Ordinary Person” Test for VPPA PII and Narrowing the “Intervening Supreme Court” Escape Hatch 1. Introduction Golden v. NBCUniversal Media, LLC...

Severe Emotional Distress for New York IIED Includes Pre-Death Trauma from Witnessing a Spouse’s Fatal Injury, and Liability Is Distinct from Solatium Damages

Date: Apr 24, 2026

Severe Emotional Distress for New York IIED Includes Pre-Death Trauma from Witnessing a Spouse’s Fatal Injury, and Liability Is Distinct from Solatium Damages 1. Introduction Theodoridis v. Islamic...

Seriousness of Supervised-Release Violation Conduct May Support a New Supervised-Release Term; § 3553(a)(2)(A)’s “Offense Seriousness” Bar Targets Only the Underlying Conviction

Date: Apr 24, 2026

Seriousness of Supervised-Release Violation Conduct May Support a New Supervised-Release Term; § 3553(a)(2)(A)’s “Offense Seriousness” Bar Targets Only the Underlying Conviction Introduction In...

ERISA Plan-Asset “Look-Through” Treats RMBS Trust Certificates as Equity (Beneficial Trust Interests), but Not Indenture RMBS Notes Lacking Substantial Equity Features

Date: Apr 24, 2026

ERISA Plan-Asset “Look-Through” Treats RMBS Trust Certificates as Equity (Beneficial Trust Interests), but Not Indenture RMBS Notes Lacking Substantial Equity Features 1. Introduction Powell v. Ocwen...

Compliance with a State Tax Warrant Does Not Convert a Bank into a State Actor; Account “Holds” Are Not EFTA Electronic Fund Transfers; Supplemental State Claims Must Be Without Prejudice

Date: Apr 24, 2026

Compliance with a State Tax Warrant Does Not Convert a Bank into a State Actor; Account “Holds” Are Not EFTA Electronic Fund Transfers; Supplemental State Claims Must Be Without Prejudice 1....

Explicit Appeal Waivers Bar Second Amendment Attacks on § 922(g)(1) Convictions and Substantive-Reasonableness Sentencing Appeals

Date: Apr 24, 2026

Explicit Appeal Waivers Bar Second Amendment Attacks on § 922(g)(1) Convictions and Substantive-Reasonableness Sentencing Appeals Introduction In United States v. Mitchell (2d Cir. Apr. 22, 2026)...

Youngpoong Corp. v. PedalPoint Holdings — § 1782 Intel Analysis: Nonparty “Obtainability” and Non-Speculative Foreign-Privilege Assertions

Date: Apr 24, 2026

§ 1782 After Youngpoong: The First Intel Factor Focuses on Practical Obtainability (Not Admissibility), and the Third Intel Factor Is Not Triggered by Speculative Foreign-Privilege Claims...

Second Circuit: Broad Internet-Activity Monitoring (Including Work Devices) Is Not an “Occupational Restriction” Absent a Specified Job Ban

Date: Apr 23, 2026

Second Circuit: Broad Internet-Activity Monitoring (Including Work Devices) Is Not an “Occupational Restriction” Absent a Specified Job Ban I. Introduction In United States v. Brown (2d Cir. Apr. 21,...

Extortion Is Not “Family-Group” Persecution Without Evidence of Animus or Targeting Beyond a Means-to-an-End

Date: Apr 23, 2026

Extortion Is Not “Family-Group” Persecution Without Evidence of Animus or Targeting Beyond a Means-to-an-End 1. Introduction In Xivir-Ixtos v. Blanche (2d Cir. Apr. 21, 2026) (summary order),...

Poor-Performance Evidence—Including OCR Findings—Defeats Rehabilitation Act and § 1981 Retaliation Claims Absent Proof of Pretext (Second Circuit Summary Order)

Date: Apr 23, 2026

Poor-Performance Evidence—Including OCR Findings—Defeats Rehabilitation Act and § 1981 Retaliation Claims Absent Proof of Pretext (Second Circuit Summary Order) Case: Baptiste v. City Univ. of N.Y....

United States v. Jones — Omissions in Early Cooperation Proffers Are Not Necessarily “Prior Inconsistent Statements,” and Rule 403 Supports Excluding Extrinsic Impeachment That Risks a Mini‑Trial

Date: Apr 23, 2026

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

Date: Apr 23, 2026

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

Date: Apr 23, 2026

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 609(b) Findings Required but Errors May Be Harmless

Date: Apr 23, 2026

“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

Date: Apr 23, 2026

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

Date: Apr 23, 2026

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...