Do It For The Caselaw

The Second Circuit affirmed in part and vacated in part the dismissal of plaintiffs' claims against foreign banks, holding that settlement agreements released some but not all non-turnover claims. The court reasoned that while assets were located abroad, New York state law permits an exercise of in personam jurisdiction to compel a non-sovereign possessor to turn over extraterritorial sovereign assets. Consequently, the case is remanded for the district court to determine if such jurisdiction exists and whether execution immunity would ultimately bar turnover. Read the full decision narrative and case summary.

The Second Circuit held that the District Court erred in dismissing securities fraud claims by ruling that public misstatements regarding revenue recognition and employee bonuses were non-actionable statements of opinion; the appellate court found these opinions actionable under the specific circumstances alleged. While affirming the dismissal of remaining claims, the court vacated the judgment regarding the actionable opinion claims and remanded the case for further proceedings. Read the full decision narrative and case summary.

The Second Circuit affirmed Percoco and Aiello's convictions for honest-services wire fraud, ruling that while the "as opportunities arise" jury instruction fell short of the required standard for a specific commitment to official action, the error was harmless. The court further held that non-employees may owe fiduciary duties under federal law if they dominate governmental business and are relied upon by officials, rejecting the argument that Percoco's status precluded liability. Consequently, the defendants' convictions stand as no reversible error affected the trial's outcome. Read the full decision narrative and case summary.

The Second Circuit affirmed Percoco and Aiello's convictions for honest-services wire fraud, holding that while the "as opportunities arise" jury instruction was technically flawed under *Skilling*, the error was harmless given the overwhelming evidence. The court further ruled that non-officials who dominate government business owe a fiduciary duty to the public, rejecting the argument that Percoco's status as an unaffiliated advisor precluded liability. Consequently, the defendants' convictions stand and no new trial is required. Read the full decision narrative and case summary.

The Second Circuit held that a denial of a motion to dismiss a criminal indictment based on the Foreign Sovereign Immunities Act (FSIA) is immediately appealable under the collateral order doctrine. The court further determined that even assuming FSIA immunity applies in criminal cases, the defendant bank's conduct fell within the commercial activity exception, thereby affirming the district court's denial of the motion to dismiss. Read the full decision narrative and case summary.

A full daily newscast recap from Do It For The Caselaw for federal court activity on May 22, 2026. David Chen opens the broadcast, then the reporting team covers the day’s federal appellate decisions by beat. Chapters 0:00 – Intro – David Chen 0:58 – James Taylor – Criminal Justice 2:48 – Aisha Johnson – Civil Rights 4:17 – Michael Reeves – Constitutional Law and Habeas Corpus 5:20 – Maria Santos – Business and Civil 7:49 – Raj Patel – Immigration and Government 10:12 – Outro – David Chen Coverage This episode covers criminal justice, civil rights, constitutional law and habeas corpus, business and civil litigation, immigration, environmental, tax, and administrative decisions from the federal appellate courts.