affirmation-of-alj&amp Case Commentaries

Settlement Payments After a Short‑Form Merger Are “Under” the Merger Contract for § 483 Imputed Interest; Minority Assent Not Required (Third Circuit)

Date: Nov 2, 2025

Settlement Payments After a Short‑Form Merger Are “Under” the Merger Contract for § 483 Imputed Interest; Minority Assent Not Required Case: Charles G. Berwind Trust v. Commissioner of Internal...

“Under” Means “Authorized By”: Third Circuit Holds Short‑Form Merger Plans Are “Contracts” for § 483 and Imputes Interest to Later Settlement Payments

Date: Nov 2, 2025

“Under” Means “Authorized By”: Third Circuit Holds Short‑Form Merger Plans Are “Contracts” for § 483 and Imputes Interest to Later Settlement Payments Introduction In a precedential decision with...

Section 483 Applies to Deferred Settlement Payments Authorized by Short‑Form Merger Plans: Third Circuit Defines “Under” and Confirms Merger Plans as “Contracts” Without Minority Assent

Date: Nov 2, 2025

Section 483 Applies to Deferred Settlement Payments Authorized by Short‑Form Merger Plans: Third Circuit Defines “Under” and Confirms Merger Plans as “Contracts” Without Minority Assent Court: U.S....

Settlement Payments Fixing Price After a Short‑Form Merger Are “Under” the Merger for IRC §483; Short‑Form Merger Agreements Are “Contracts” Despite Minority Non‑Assent

Date: Nov 2, 2025

Settlement Payments Fixing Price After a Short‑Form Merger Are “Under” the Merger for IRC §483; Short‑Form Merger Agreements Are “Contracts” Despite Minority Non‑Assent Introduction In Estate of...

“Under” Means “Authorized By”: Third Circuit Holds § 483 Imputes Interest to Settlement Payments That Satisfy Obligations Created by a Short‑Form Merger Agreement—Minority Assent Not Required

Date: Nov 2, 2025

“Under” Means “Authorized By”: Third Circuit Holds § 483 Imputes Interest to Settlement Payments That Satisfy Obligations Created by a Short‑Form Merger Agreement—Minority Assent Not Required Case:...

Section 3553(a) as an Independent, Dispositive Ground for Denying Compassionate Release; No Stay Pending Supreme Court Review of Amendment 814 Issues; Proper Post-Conviction Vehicles After Rivers v. Guerrero

Date: Nov 2, 2025

Section 3553(a) as an Independent, Dispositive Ground for Denying Compassionate Release; No Stay Pending Supreme Court Review of Amendment 814 Issues; Proper Post-Conviction Vehicles After Rivers v....

Meaningful Access, Not Physical Access: Fifth Circuit Upholds Courthouse Restrictions, Declines Bivens Expansion, and Rejects ADA Title II Claims Against Federal Courts

Date: Nov 2, 2025

Meaningful Access, Not Physical Access: Fifth Circuit Upholds Courthouse Restrictions, Declines Bivens Expansion, and Rejects ADA Title II Claims Against Federal Courts Case: Garces v. Biery, No....

Stays Do Not Suspend Compliance: Fifth Circuit Affirms Dismissal With Prejudice and Rejects PACER/Pro Se Excuses as “Excusable Neglect”

Date: Nov 2, 2025

Stays Do Not Suspend Compliance: Fifth Circuit Affirms Dismissal With Prejudice and Rejects PACER/Pro Se Excuses as “Excusable Neglect” Introduction In Miller v. Ohio Security Insurance, No. 24-30740...

Adoption-by-Reference After Diggles: Rule 32 Verification Is a Prerequisite to Imposing Discretionary Supervised-Release Conditions

Date: Nov 2, 2025

Adoption-by-Reference After Diggles: Rule 32 Verification Is a Prerequisite to Imposing Discretionary Supervised-Release Conditions Introduction In United States v. Rivera-Hernandez, No. 25-20022...

Direct Threat, Not Diagnostic Perfection: Fifth Circuit Endorses FMCSA-Guided, File-Review Assessments for Safety-Critical Rail Jobs and Tightens Proof of Reassignment under the ADA

Date: Nov 2, 2025

Direct Threat, Not Diagnostic Perfection: Fifth Circuit Endorses FMCSA-Guided, File-Review Assessments for Safety-Critical Rail Jobs and Tightens Proof of Reassignment under the ADA Introduction In...

Fourth Circuit Confirms No Financial-Distress Prerequisite for Bankruptcy Court Jurisdiction: En Banc Rehearing Denied in Bestwall (Texas Two‑Step Context)

Date: Nov 2, 2025

Fourth Circuit Confirms No Financial-Distress Prerequisite for Bankruptcy Court Jurisdiction: En Banc Rehearing Denied in Bestwall (Texas Two‑Step Context) Introduction In Bestwall LLC v. Official...

Ruelas v. State: Nevada Clarifies that Motive-to-Lie Inquiries Are Not Vouching and Endorses Mid‑Trial Date‑Range Amendments Absent Prejudice

Date: Nov 2, 2025

Ruelas v. State: Nevada Clarifies that Motive-to-Lie Inquiries Are Not Vouching and Endorses Mid‑Trial Date‑Range Amendments Absent Prejudice Court: Supreme Court of Nevada Date: October 30, 2025...

Shelton v. State: Nevada Supreme Court narrows res gestae to same‑transaction events and reaffirms mandatory limiting instructions for identity-based other‑acts evidence (harmless error applied)

Date: Nov 2, 2025

Shelton v. State: Nevada Supreme Court narrows res gestae to same‑transaction events and reaffirms mandatory limiting instructions for identity-based other‑acts evidence (harmless error applied)...

Utah Supreme Court Confirms Borrowers Can Contractually Waive Rule 69B(d)’s “Highest-Price” Parceling Requirement and Pyper-Based Equitable Relief

Date: Nov 2, 2025

Utah Supreme Court Confirms Borrowers Can Contractually Waive Rule 69B(d)’s “Highest-Price” Parceling Requirement and Pyper-Based Equitable Relief Introduction In Talisker Partnership v. Midtown...

No Cure by Removal: Second Circuit Applies Derivative Jurisdiction to FIRREA Removals When State Courts Lack Subject-Matter Jurisdiction

Date: Nov 1, 2025

No Cure by Removal: Second Circuit Applies Derivative Jurisdiction to FIRREA Removals When State Courts Lack Subject-Matter Jurisdiction Case: Panos v. Federal Deposit Insurance Corporation, No....

No Per Se Rule: Intoxication Does Not Automatically Invalidate Consent; Apparent Authority Can Validate a Roommate-Consent Search — United States v. Boone (2d Cir. 2025) [Summary Order]

Date: Nov 1, 2025

No Per Se Rule: Intoxication Does Not Automatically Invalidate Consent; Apparent Authority Can Validate a Roommate-Consent Search — United States v. Boone (2d Cir. 2025) [Summary Order] Court: U.S....

Off‑Campus Social Media Speech Is Protected Absent Safety-Based Threats: Reaction-Driven “Disruption” Alone Cannot Justify Discipline (Leroy v. Livingston Manor CSD)

Date: Nov 1, 2025

Off‑Campus Social Media Speech Is Protected Absent Safety-Based Threats: Reaction-Driven “Disruption” Alone Cannot Justify Discipline Leroy v. Livingston Manor Central School District, No. 24-1241...

Santiago v. Fischer: Second Circuit Requires Admission of “Impediments” Evidence to Prove Causation and Punitive Liability in Earley PRS Cases; Qualified Immunity Remains Unavailable Post-Earley

Date: Nov 1, 2025

Santiago v. Fischer: Second Circuit Requires Admission of “Impediments” Evidence to Prove Causation and Punitive Liability in Earley PRS Cases; Qualified Immunity Remains Unavailable Post-Earley...

Venue Errors Do Not Defeat Judicial Immunity: Eleventh Circuit Affirms Transfer and Dismissal in Ibhar Al Mheid v. Minchew

Date: Nov 1, 2025

Venue Errors Do Not Defeat Judicial Immunity: Eleventh Circuit Affirms Transfer and Dismissal in Ibhar Al Mheid v. Minchew Introduction In Ibhar Al Mheid v. Katy Minchew et al., No. 24-11930 (11th...

Waiver Under Rule 72(a) Bars Appellate Review; “Stray Remarks” and Non‑Comparable Exchanges Do Not Sustain § 1981 Retail Discrimination Claims — Harris v. Bath & Body Works (11th Cir. 2025)

Date: Nov 1, 2025

Waiver Under Rule 72(a) Bars Appellate Review; “Stray Remarks” and Non‑Comparable Exchanges Do Not Sustain § 1981 Retail Discrimination Claims — Harris v. Bath & Body Works (11th Cir. 2025) Court:...

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