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  • Commentaries
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2d Circuit Case Commentaries

Mandatory Buy-Out Obligation for Decedent's Estate in Shareholder Agreements: A New Precedent

Mandatory Buy-Out Obligation for Decedent's Estate in Shareholder Agreements: A New Precedent

Date: Mar 6, 2025
Mandatory Buy-Out Obligation for Decedent's Estate in Shareholder Agreements: A New Precedent Introduction The present case, Neville, Rodie and Shaw, Inc. v. E.A. Prescott Legard, as Executor of the...
The Dual Duties of Premises Liability: Affirming the Distinct Duty to Maintain in Open and Obvious Hazard Claims

The Dual Duties of Premises Liability: Affirming the Distinct Duty to Maintain in Open and Obvious Hazard Claims

Date: Mar 6, 2025
The Dual Duties of Premises Liability: Affirming the Distinct Duty to Maintain in Open and Obvious Hazard Claims Introduction This commentary examines the recent United States Court of Appeals for...
Affirming the Separation of QTIP Trust Assets from Gross Estate Valuation: A New Precedent on Settlement Claims in Estate Taxation

Affirming the Separation of QTIP Trust Assets from Gross Estate Valuation: A New Precedent on Settlement Claims in Estate Taxation

Date: Mar 6, 2025
Affirming the Separation of QTIP Trust Assets from Gross Estate Valuation: A New Precedent on Settlement Claims in Estate Taxation Introduction The United States Court of Appeals for the Second...
Defining Privity in Bankruptcy Litigation: Claim Preclusion in Partnership Disputes

Defining Privity in Bankruptcy Litigation: Claim Preclusion in Partnership Disputes

Date: Mar 6, 2025
Defining Privity in Bankruptcy Litigation: Claim Preclusion in Partnership Disputes Introduction The case, In Re: 720 Livonia Developments LLC, Debtor. v. 720 Livonia Operations LLC, Appellee, along...
Reinforcing the Evidence Threshold in Discrimination Claims: A Burden-Shifting and Admissibility Analysis

Reinforcing the Evidence Threshold in Discrimination Claims: A Burden-Shifting and Admissibility Analysis

Date: Mar 6, 2025
Reinforcing the Evidence Threshold in Discrimination Claims: A Burden-Shifting and Admissibility Analysis Introduction This commentary examines the United States Court of Appeals for the Second...
Affirmation and Remand: Redefining Successive §2255 Motions in the Context of Amended Judgments

Affirmation and Remand: Redefining Successive §2255 Motions in the Context of Amended Judgments

Date: Mar 6, 2025
Affirmation and Remand: Redefining Successive §2255 Motions in the Context of Amended Judgments Introduction The case of Gazi Ibrahim Abu Mezer, a.k.a. Amir v. United States of America presents an...
Direct vs. Derivative Claims in Bankruptcy: Establishing Distinct Contractual Rights

Direct vs. Derivative Claims in Bankruptcy: Establishing Distinct Contractual Rights

Date: Mar 6, 2025
Direct vs. Derivative Claims in Bankruptcy: Establishing Distinct Contractual Rights Introduction In the recent decision of In re: 305 East 61st Street Group LLC, Debtor., Little Hearts Marks Family...
Enhancing Equitable Remedies in Securities Fraud: Lessons from Halitron, Inc. v. SEC

Enhancing Equitable Remedies in Securities Fraud: Lessons from Halitron, Inc. v. SEC

Date: Mar 6, 2025
Enhancing Equitable Remedies in Securities Fraud: Lessons from Halitron, Inc. v. SEC Introduction The case of United States Securities and Exchange Commission v. Halitron, Inc. and Bernard Findley...
Undisputed Fact Adherence and the Rule 56.1 Imperative: A New Benchmark in Title VII Discrimination Claims

Undisputed Fact Adherence and the Rule 56.1 Imperative: A New Benchmark in Title VII Discrimination Claims

Date: Mar 6, 2025
Undisputed Fact Adherence and the Rule 56.1 Imperative: A New Benchmark in Title VII Discrimination Claims Introduction The case of Miankanze Bamba v. United States Department of Homeland Security et...
New Precedent Establishing the Neutrality of State Immunization Mandates

New Precedent Establishing the Neutrality of State Immunization Mandates

Date: Mar 6, 2025
New Precedent Establishing the Neutrality of State Immunization Mandates Introduction This commentary examines the United States Court of Appeals decision in Joseph Miller, Ezra Wengerd, Jonas...
Intertwined Claims and Reasonableness of Attorneys’ Fees: Clarifying Discretion in §1988 Awards

Intertwined Claims and Reasonableness of Attorneys’ Fees: Clarifying Discretion in §1988 Awards

Date: Mar 6, 2025
Intertwined Claims and Reasonableness of Attorneys’ Fees: Clarifying Discretion in §1988 Awards Introduction This commentary reviews the recent judgment in the case of Michael Asseng v. John Beisel...
Robinson v. Kotler: Pending State Appeals Defeat Rooker-Feldman, but Absolute Judicial Immunity and § 1983’s Injunction Limits Foreclose Suits Against Judges

Robinson v. Kotler: Pending State Appeals Defeat Rooker-Feldman, but Absolute Judicial Immunity and § 1983’s Injunction Limits Foreclose Suits Against Judges

Date: Mar 5, 2025
Robinson v. Kotler: Pending State Appeals Defeat Rooker-Feldman, but Absolute Judicial Immunity and § 1983’s Injunction Limits Foreclose Suits Against Judges Introduction This Second Circuit summary...
Establishing the "Factual Grouping" Principle in Res Judicata: A New Precedent

Establishing the "Factual Grouping" Principle in Res Judicata: A New Precedent

Date: Mar 2, 2025
Establishing the "Factual Grouping" Principle in Res Judicata: A New Precedent Introduction The case of Michael M. Morgan, Plaintiff-Appellant, v. Scott Hartman, Mario Monello, Vincent Puma, NPM...
Reaffirming the Preponderance Standard in Competency Determinations: Insights from Toney Kelsey v. United States

Reaffirming the Preponderance Standard in Competency Determinations: Insights from Toney Kelsey v. United States

Date: Mar 2, 2025
Reaffirming the Preponderance Standard in Competency Determinations: Insights from Toney Kelsey v. United States Introduction In the case of Toney Kelsey, Petitioner-Appellant, v. United States of...
Defining Liability and Asset Freeze Parameters in SEC Enforcement: Joint-and-Several Disgorgement and Preservation of Untainted Assets

Defining Liability and Asset Freeze Parameters in SEC Enforcement: Joint-and-Several Disgorgement and Preservation of Untainted Assets

Date: Mar 2, 2025
Defining Liability and Asset Freeze Parameters in SEC Enforcement: Joint-and-Several Disgorgement and Preservation of Untainted Assets Introduction The case at hand, United States Securities and...
Redefining Developer Liability in Decentralized Exchanges and Reinforcing Supplemental Jurisdiction under CAFA

Redefining Developer Liability in Decentralized Exchanges and Reinforcing Supplemental Jurisdiction under CAFA

Date: Mar 2, 2025
Redefining Developer Liability in Decentralized Exchanges and Reinforcing Supplemental Jurisdiction under CAFA Introduction In this significant decision by the United States Court of Appeals for the...
Undue Hardship and Statutory Compliance: Limits on Religious Accommodations in Public Education Employment Policies

Undue Hardship and Statutory Compliance: Limits on Religious Accommodations in Public Education Employment Policies

Date: Mar 2, 2025
Undue Hardship and Statutory Compliance: Limits on Religious Accommodations in Public Education Employment Policies Introduction The case of Dayna Russo, aka Dayna M. Russo, aka Dayna Marie Russo v....
Clarifying Jury Instruction and Sentencing Enhancements in Ammunition & Attempted Murder Cases

Clarifying Jury Instruction and Sentencing Enhancements in Ammunition & Attempted Murder Cases

Date: Mar 2, 2025
Clarifying Jury Instruction and Sentencing Enhancements in Ammunition & Attempted Murder Cases Introduction In the case of United States of America v. Stephen Simmons, the United States Court of...
Parole Warrants and the Face-Validity Doctrine: A New Precedent in Detention under New York Law

Parole Warrants and the Face-Validity Doctrine: A New Precedent in Detention under New York Law

Date: Mar 2, 2025
Parole Warrants and the Face-Validity Doctrine: A New Precedent in Detention under New York Law Introduction The judgment in Joel Uviles v. City of New York, et al. establishes a significant...
Establishing the Independent Contractor Exception in Employment Discrimination Claims

Establishing the Independent Contractor Exception in Employment Discrimination Claims

Date: Mar 2, 2025
Establishing the Independent Contractor Exception in Employment Discrimination Claims Introduction The case of Palani Karupaiyan v. Experis U.S. Inc., ManpowerGroup U.S. Inc., Jonas Prising, Samantha...
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