U.S. Court of Appeals for the Second Circuit

The Second Circuit held that the complaint plausibly alleges compensable FLSA waiting time because Lidl allegedly required Santos to report ready to work before her shift, but managers sometimes prevented her from entering the store and clocking in.

The Second Circuit affirmed McClain’s judgment, holding that the district court adequately pronounced the standard supervised-release conditions by incorporating the district’s publicly accessible general order and did not need to explain each standard condition individually.

The Second Circuit affirmed dismissal under the filed rate doctrine because state utility regulators received the bond terms and interest rates, had authority to decline issuance, and permitted the bonds to issue despite notice of Bloomberg’s publicly announced reclassification.

The Second Circuit held that agents did not violate the Fourth Amendment by seizing Acevedo’s minivan for forfeiture without listing vehicles in the search warrant, because a separate warrant authorized them to search the driveway where the minivan was located.

The Second Circuit held that when a plaintiff properly invokes the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA), the pre-dispute arbitration agreement is unenforceable as to the entire lawsuit, not only the sexual-harassment claims.

The Second Circuit affirmed Arias’s 115-month sentence, concluding that the district court adequately found that he threatened a potential witness with the specific intent to obstruct justice and properly applied the obstruction enhancement.

The court denied review of the asylum and withholding claims because Chinchilla-Navarro did not exhaust a challenge to the serious-nonpolitical-crime bar, a dispositive basis for denying those forms of relief.

The court denied the petition for review, concluding that substantial evidence supported the agency’s findings that the petitioner failed to connect his feared harm to a protected ground and failed to show that he was likely to be tortured in Ecuador.

The Second Circuit affirmed dismissal of Figuereo’s complaint, holding that he waived any assumed individual right to pursue his termination grievance in arbitration by authorizing the Union to handle it.

The court denied the petition for review of the agency’s denial of asylum, withholding of removal, and CAT relief. It concluded that the asylum and withholding claims were abandoned or, as to a newly asserted social group, unexhausted; the CAT claim was abandoned and, independently, the record did not compel a finding…

The court dismisses Ceasar’s appeal from her failure-to-appear conviction because her knowing and voluntary plea-agreement waiver barred her challenge that her conduct fell outside the statute.

The Second Circuit denied rehearing en banc because no majority favored rehearing; the panel decision affirming relief for the detainee therefore remains in place. The order itself did not decide the merits anew.

The Second Circuit affirmed orders denying Kamdem-Ouaffo leave to file additional Rule 60(b) and recusal motions, as well as leave to seek reconsideration of that denial. It concluded that the proposed Rule 60(b) motions were untimely and meritless, and that the allegations of judicial bias did not establish a basis…

The court vacated summary judgment for the New York City Department of Education and remanded because the State Review Officer did not adequately explain how the proposed school could implement D.O.’s IEP when the decision relied on push-in services for only a majority of the required related services.

The Second Circuit affirmed summary judgment placing Greenwich Land and its assets within the debtor’s bankruptcy estate. It concluded that the evidentiary challenges showed no reversible error and that undisputed evidence established both that Greenwich Land was the debtor’s alter ego and that he was its beneficial…

The Second Circuit affirmed the sua sponte dismissal of Hernandez’s federal claims and the denial of leave to amend. The court concluded that the court employee was immune for actions closely associated with the judicial process, the private defendants were not plausibly alleged to have acted under color of state law…

The court denied the petition insofar as He sought equitable tolling of the time and number limits on his motion to reopen, because his later eligibility for cancellation of removal did not establish an extraordinary circumstance that caused his late filing.

The court denied review of the agency's denial of asylum and withholding of removal because, even assuming credibility and considering all proffered evidence, substantial evidence supported the finding that Tejada-Tejada did not corroborate his core allegation that relatives were murdered by a group targeting his…

The court denied review of the agency's denial of asylum, withholding of removal, and CAT protection because substantial evidence supported the adverse credibility determination.

The court denied review of the agency's denial of asylum, withholding of removal, and CAT relief. It held that the petitioner abandoned challenges to the nexus and CAT likelihood determinations and, independently, that substantial evidence supported the agency's conclusions because the record showed criminal extortion…

The court affirmed summary judgment for Aramark on Barker’s Title VII constructive-discharge claim. It held that two offensive remarks, considered together with the alleged route reassignments, reduced pay, stress, and depression, did not satisfy the demanding requirement that Aramark deliberately create intolerable…

The court granted the petition for review, vacated the BIA's decision, and remanded because the agency failed to conduct the required mixed-motive analysis and failed to consider significant evidence relevant to whether the abuse was motivated in part by protected grounds.

The Second Circuit dismissed Jorge Ramiro Zhicay’s petition for review of the Board of Immigration Appeals’ denial of cancellation of removal. The court held that the BIA properly considered arrests within the statutory ten‑year window, that any possible error regarding a single arrest beyond that period did not…

The Second Circuit dismissed Napoleon Scott’s appeal, holding that his waiver of the right to appeal was enforceable and that there was no Brady violation because the withheld evidence was immaterial.

The Second Circuit affirmed the district court’s judgment, holding that the government’s cross‑examination of a character witness, the exclusion of a prior‑consistent email, and the denial of a motion to suppress iPhone evidence were not erroneous.

The Second Circuit denied the petition for review, affirming the BIA’s denial of asylum, withholding of removal, and CAT relief because the petitioner failed to show a sufficient nexus to a protected ground and did not demonstrate a more‑likely‑than‑not chance of torture or government acquiescence.

The Second Circuit denied the petition for review, affirming the BIA’s denial of asylum, withholding of removal, and CAT relief. The court held that the agency’s findings were supported by substantial evidence, the petitioners abandoned their claims by failing to address the record, and the one‑central‑reason standard…

The Second Circuit affirmed the district court’s denial of the motion to compel arbitration, finding that Defendants waived their right to arbitrate by litigating for nearly two years, and declined to exercise jurisdiction over the district court’s denial of the motion to strike the jury‑trial demand because the issue…

The Second Circuit affirmed the district court’s dismissal of O’Neal’s federal claims, modifying the judgment to dismiss the private‑defendant claims without prejudice. The court held that the Rooker‑Feldman doctrine barred her equitable relief claims, that Eleventh Amendment sovereign immunity and absolute immunity…

The court dismissed as moot the appeal seeking preliminary injunctive relief for the 2025–2026 school year because that school year had ended and the plaintiff did not show that unpaid amounts threatened the child's current educational placement.

The Second Circuit affirmed the district court’s dismissal of Graham’s federal claims against the individual defendants and its summary‑judgment dismissal of his state and city law claims against the DOE, but vacated the dismissal of his federal claims against the DOE and his state and city claims against the…

The court held that Newton plausibly alleged retaliation under federal, state, and local law because refusing to meet with her supervisor to discuss settlement of her discrimination claims could constitute protected opposition, and the surrounding allegations supported causation.

The Second Circuit denied the petition for a writ of mandamus, holding that the district court correctly refused a turnover order of the full value of the defendant’s assets because the restitution judgment contained a payment schedule and the defendant was in compliance with that schedule.

The Second Circuit affirmed the district court’s judgment, upholding Wilks’s convictions for narcotics conspiracy, money‑laundering conspiracy, and related offenses. The court found the evidence sufficient to support a single conspiracy, admitted post‑arrest conduct and co‑conspirator statements, and rejected Wilks’s…

The Second Circuit held that the defendant’s plea‑agreement waiver barred any appeal of the sentencing Guidelines calculation and that the district court erred by imposing the standard conditions of supervised release without proper notice, vacating those conditions and remanding for further proceedings; the remainder…

The Second Circuit affirmed the district court’s dismissal of Ferreira’s §1983 claims, finding she failed to plead sufficient facts to state a claim for failure‑to‑promote, disparate treatment, or retaliation under the Equal Protection Clause.

The Second Circuit dismissed the appeal as moot because the plaintiffs’ requested relief pertained to the 2025‑2026 school year, which had already ended, and thus could no longer be granted.

The Second Circuit affirmed the district court’s summary‑judgment grant to the New York City Department of Education, holding that the district court correctly applied the three‑part Burlington/Carter test, properly balanced the equities to deny reimbursement for 1:1 nursing, and independently reviewed the…

The Second Circuit affirmed the district court’s dismissal of Affinity’s breach‑of‑contract claim, holding that the partial summary judgment in the earlier action was a final judgment on the merits and therefore barred the claim under New York claim‑preclusion law.

The Second Circuit affirmed the district court’s denial of Shah’s motions to strike the defendants’ opposition and its denial of Shah’s Rule 60(b) motions for reconsideration, finding no abuse of discretion and that Muldrow provides no basis for relief.