2d Circuit Case Commentaries

Standing Traceability in Offshore Wind Challenges Requires a “Determinative or Coercive Effect” on Third-Party State/Local Decisions

Date: Apr 4, 2026

Standing Traceability in Offshore Wind Challenges Requires a “Determinative or Coercive Effect” on Third-Party State/Local Decisions Case: Kinsella v. Bureau of Ocean Energy Mgmt., No. 25-355-cv (2d...

Rys v. Davis: Reaffirming the Second Circuit’s Sham-Affidavit Doctrine and the Proof Demands for § 1983 Equal Protection Hostile Work Environment Claims

Date: Apr 4, 2026

Rys v. Davis: Reaffirming the Second Circuit’s Sham-Affidavit Doctrine and the Proof Demands for § 1983 Equal Protection Hostile Work Environment Claims 1. Introduction Rys v. Davis (2d Cir. Apr. 2,...

Vidal v. Venettozzi: 180+ Days of Disciplinary SHU Confinement Triggers a Liberty Interest Based on Duration Alone

Date: Apr 4, 2026

Vidal v. Venettozzi: 180+ Days of Disciplinary SHU Confinement Triggers a Liberty Interest Based on Duration Alone 1. Introduction In Vidal v. Venettozzi (2d Cir. Apr. 1, 2026), Plaintiff-Appellant...

Forum-Selection Clauses Do Not Bar 28 U.S.C. § 1782 Discovery and Contract-Damages Counterclaims Fall Outside § 1782’s Scope (In re Orthogen International GmbH)

Date: Apr 4, 2026

Forum-Selection Clauses Do Not Bar 28 U.S.C. § 1782 Discovery and Contract-Damages Counterclaims Fall Outside § 1782’s Scope Introduction In In Re: Orthogen Int'l GmbH (2d Cir. Apr. 1, 2026) (summary...

Qualified Immunity and “Arguable Probable Cause” Based on a Putative Victim’s Complaint in Domestic-Incident Arrests (Jeanty v. Viruet)

Date: Apr 4, 2026

Qualified Immunity and “Arguable Probable Cause” Based on a Putative Victim’s Complaint in Domestic-Incident Arrests (Jeanty v. Viruet) Nonprecedential posture. The Second Circuit resolved Jeanty v....

Federal Sentencing: Above-Guidelines Variance Justified by Similar Gun Misconduct on Probation; Court May Forbear on Concurrency With a Hypothetical Future State Sentence

Date: Apr 4, 2026

Federal Sentencing: Above-Guidelines Variance Justified by Similar Gun Misconduct on Probation; Court May Forbear on Concurrency With a Hypothetical Future State Sentence Introduction In United...

Second Circuit Reaffirms Deference to Adverse Credibility Findings and the Immigration Judge’s Record-Development Role

Date: Apr 4, 2026

Second Circuit Reaffirms Deference to Adverse Credibility Findings and the Immigration Judge’s Record-Development Role Introduction Zeng v. Bondi (2d Cir. Mar. 31, 2026) is a nonprecedential “summary...

Coram Nobis Requires “Sound Reasons” for Delay: Ruan Does Not Create Timeliness, and the Mandate Rule Bars Repackaged Claims (United States v. Bouchard)

Date: Apr 3, 2026

Coram Nobis Requires “Sound Reasons” for Delay: Ruan Does Not Create Timeliness, and the Mandate Rule Bars Repackaged Claims (United States v. Bouchard, 2d Cir. Mar. 30, 2026) (summary order) 1....

Speculative Appeals and Contingent UAE Criminal Complaints Do Not Satisfy § 1782’s “For Use” Requirement; District Courts May Vacate Ex Parte § 1782 Orders and Quash Subpoenas in Full

Date: Apr 3, 2026

Speculative Appeals and Contingent UAE Criminal Complaints Do Not Satisfy § 1782’s “For Use” Requirement; District Courts May Vacate Ex Parte § 1782 Orders and Quash Subpoenas in Full 1. Introduction...

PSJVTA Deemed-Consent Jurisdiction Justifies Recall of Mandate and Reinstatement of a Vacated ATA Money Judgment

Date: Apr 3, 2026

PSJVTA Deemed-Consent Jurisdiction Justifies Recall of Mandate and Reinstatement of a Vacated ATA Money Judgment Case: Waldman v. Palestine Liberation Org. (2d Cir. Mar. 30, 2026) Court: United...

Article 78 Review as an Adequate Post-Deprivation Remedy for NYRA Credential Confiscation and Disciplinary Sanctions (Second Circuit Summary Order)

Date: Apr 3, 2026

Article 78 Review as an Adequate Post-Deprivation Remedy for NYRA Credential Confiscation and Disciplinary Sanctions (Second Circuit Summary Order) Introduction In Cobham v. N.Y. Racing Ass'n, Inc....

Traceability Requires Federal Control: Standing Fails Where State/Local Actors Independently Approve Onshore Components of a Federally Permitted Offshore Project

Date: Apr 3, 2026

Traceability Requires Federal Control: Standing Fails Where State/Local Actors Independently Approve Onshore Components of a Federally Permitted Offshore Project Introduction Kinsella v. Bureau of...

Reaffirming Limits on COVID-Mandate Litigation Against New York Courts: Eleventh Amendment Immunity, Mootness, and Title VII’s “Policymaking Appointee” Exclusion for City Judges

Date: Apr 3, 2026

Reaffirming Limits on COVID-Mandate Litigation Against New York Courts: Eleventh Amendment Immunity, Mootness, and Title VII’s “Policymaking Appointee” Exclusion for City Judges Introduction In Mora...

Second Circuit Limits Tender-Offer Damages After Sovereign Expropriation: YPF Bylaws Are Not a Bilateral Shareholder Contract and GEL Art. 28 Bars Third-Party Impeding Actions

Date: Mar 29, 2026

Second Circuit Limits Tender-Offer Damages After Sovereign Expropriation: YPF Bylaws Are Not a Bilateral Shareholder Contract and GEL Art. 28 Bars Third-Party Impeding Actions Case: Petersen Energía;...

Equitable Tolling After a True Change in Law: The BIA Abuses Discretion When It Denies Reopening Based on a Misreading of the Movant’s “Change-in-Law” Theory

Date: Mar 29, 2026

Equitable Tolling After a True Change in Law: The BIA Abuses Discretion When It Denies Reopening Based on a Misreading of the Movant’s “Change-in-Law” Theory 1. Introduction Ramsay v. Bondi (2d Cir....

Article 78 Is an Adequate Post-Deprivation Remedy Even When a DOC Chief of Staff Effects Termination; Union Counsel Are Not § 1983 State Actors in NPA Negotiations

Date: Mar 29, 2026

Article 78 Is an Adeate Post-Deprivation Remedy Even When a DOC Chief of Staff Effects Termination; Union Counsel Are Not § 1983 State Actors in NPA Negotiations Introduction In Nelson v. Thomson (2d...

Settlement Releases Bar § 1983/Wiretap Claims Against County DAs Acting as County Officials; Fabrication Claims Demand Specific Allegations — Ryder v. Czajka (2d Cir. 2026)

Date: Mar 29, 2026

Settlement Releases Bar § 1983/Wiretap Claims Against County DAs Acting as County Officials; Fabrication Claims Demand Specific Allegations Introduction In Ryder v. Czajka (2d Cir. Mar. 27, 2026)...

ERISA Plan-Asset “Look-Through” for RMBS: Regular-Interest Trust Certificates Are Beneficial Interests; Indenture Notes Without Substantial Equity Features Are Not

Date: Mar 28, 2026

ERISA Plan-Asset “Look-Through” for RMBS: Regular-Interest Trust Certificates Are Beneficial Interests; Indenture Notes Without Substantial Equity Features Are Not Case: Powell v. Ocwen Fin. Corp....

FSA Earned-Time Credits Cannot Shorten Supervised Release; § 2241 Becomes Moot After Transfer to Prerelease Custody

Date: Mar 28, 2026

FSA Earned-Time Credits Cannot Shorten Supervised Release; § 2241 Becomes Moot After Transfer to Prerelease Custody I. Introduction In Rivera-Perez v. Stover (2d Cir. Mar. 26, 2026), the Second...

Singh v. Bondi: Internal Relocation Rebuttal Defeats Asylum/Withholding and Forecloses CAT Where Torture Risk Rests on the Same Speculative Nationwide-Tracking Theory

Date: Mar 28, 2026

Singh v. Bondi: Internal Relocation Rebuttal Defeats Asylum/Withholding and Forecloses CAT Where Torture Risk Rests on the Same Speculative Nationwide-Tracking Theory I. Introduction Case: Singh v....

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