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  • Commentaries
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clarifying-the-& Case Commentaries

“Extraordinary Means Extraordinary”: The Supreme Court Re-cements the Rigid Threshold for Rule 60(b)(6) Motions and Rejects Any Balancing with Rule 15(a)

“Extraordinary Means Extraordinary”: The Supreme Court Re-cements the Rigid Threshold for Rule 60(b)(6) Motions and Rejects Any Balancing with Rule 15(a)

Date: Jun 10, 2025
“Extraordinary Means Extraordinary”: The Supreme Court Re-cements the Rigid Threshold for Rule 60(b)(6) Motions and Rejects Any Balancing with Rule 15(a) 1. Introduction In BLOM Bank SAL v....
“Automatic Personal Jurisdiction” under the FSIA: CC/Devas v. Antrix and the Demise of the Minimum-Contacts Overlay

“Automatic Personal Jurisdiction” under the FSIA: CC/Devas v. Antrix and the Demise of the Minimum-Contacts Overlay

Date: Jun 10, 2025
“Automatic Personal Jurisdiction” under the FSIA: CC/Devas (Mauritius) Ltd. & Devas Multimedia Pvt. Ltd. v. Antrix Corp. Ltd. (U.S. 2025) I. Introduction The Supreme Court’s unanimous opinion in...
No Proselytization Requirement: The Denominational-Neutrality Rule Refined in Catholic Charities Bureau, Inc. v. Wisconsin LIRC (U.S. 2025)

No Proselytization Requirement: The Denominational-Neutrality Rule Refined in Catholic Charities Bureau, Inc. v. Wisconsin LIRC (U.S. 2025)

Date: Jun 10, 2025
No Proselytization Requirement: The U.S. Supreme Court Refines the Denominational-Neutrality Rule in Religious Employer Exemptions Introduction In Catholic Charities Bureau, Inc. v. Wisconsin Labor &...
When the High Court Abstains: Laboratory Corp. of America v. Davis and the Unsettled Doctrine of “Mixed-Injury” Class Certification

When the High Court Abstains: Laboratory Corp. of America v. Davis and the Unsettled Doctrine of “Mixed-Injury” Class Certification

Date: Jun 10, 2025
When the High Court Abstains: Laboratory Corp. of America v. Davis and the Unsettled Doctrine of “Mixed-Injury” Class Certification 1. Introduction On 5 June 2025 the U.S. Supreme Court issued a...
Aiding-and-Abetting under PLCAA Requires Active, Targeted Participation: Commentary on Smith & Wesson Brands, Inc. v. Estados Unidos Mexicanos (605 U.S. ___ 2025)

Aiding-and-Abetting under PLCAA Requires Active, Targeted Participation: Commentary on Smith & Wesson Brands, Inc. v. Estados Unidos Mexicanos (605 U.S. ___ 2025)

Date: Jun 10, 2025
Aiding-and-Abetting under PLCAA Requires Active, Targeted Participation: An In-Depth Commentary on Smith & Wesson Brands, Inc. v. Estados Unidos Mexicanos, 605 U.S. ___ (2025) 1. Introduction In...
Irrevocability Requirement for Government-Granted Property Interests under Florida’s Takings Clause

Irrevocability Requirement for Government-Granted Property Interests under Florida’s Takings Clause

Date: Jun 10, 2025
Irrevocability Requirement for Government-Granted Property Interests under Florida’s Takings Clause Introduction In Gustavo Bojorquez, et al. v. State of Florida, the Supreme Court of Florida...
Mandating Multilingual Residential Eviction Summons: Enhancing Procedural Fairness under Florida Rule 1.923(a)

Mandating Multilingual Residential Eviction Summons: Enhancing Procedural Fairness under Florida Rule 1.923(a)

Date: Jun 10, 2025
Mandating Multilingual Residential Eviction Summons: Enhancing Procedural Fairness under Florida Rule 1.923(a) Introduction This commentary examines the Supreme Court of Florida’s per curiam decision...
Inherent Docket-Management Authority and Fair-Notice Pleading: Gorawara v. Caprio

Inherent Docket-Management Authority and Fair-Notice Pleading: Gorawara v. Caprio

Date: Jun 10, 2025
Inherent Docket-Management Authority and Fair-Notice Pleading: Gorawara v. Caprio Introduction Gorawara v. Caprio, 24-17 (2d Cir. June 4, 2025), presents two primary issues: first, whether the...
Second Circuit Upholds the “Reasonable Opportunity to Observe” Mens Rea Standard in 18 U.S.C. § 1591(c)

Second Circuit Upholds the “Reasonable Opportunity to Observe” Mens Rea Standard in 18 U.S.C. § 1591(c)

Date: Jun 10, 2025
Second Circuit Upholds the “Reasonable Opportunity to Observe” Mens Rea Standard in 18 U.S.C. § 1591(c) Introduction United States v. Concepcion, decided June 4, 2025 by the Second Circuit, tested...
Coker v. Warren: Clarifying Article III Standing and Pleading Requirements for Section 1985 Conspiracy Claims

Coker v. Warren: Clarifying Article III Standing and Pleading Requirements for Section 1985 Conspiracy Claims

Date: Jun 10, 2025
Coker v. Warren: Clarifying Article III Standing and Pleading Requirements for Section 1985 Conspiracy Claims Introduction In Befaithful Coker v. Sylvester Warren, III (No. 23-11160, 11th Cir. June...
United States v. Robinson: Harmless‐Error Review of ACCA “Different Occasions” Findings and Due Process in Supervised Release Conditions

United States v. Robinson: Harmless‐Error Review of ACCA “Different Occasions” Findings and Due Process in Supervised Release Conditions

Date: Jun 10, 2025
United States v. Robinson: Harmless‐Error Review of ACCA “Different Occasions” Findings and Due Process in Supervised Release Conditions Introduction This commentary examines the Eleventh Circuit’s...
Preservation of Expert-Testimony Objections and Batson Affiliation Strikes: Third Circuit’s Clarification in United States v. Hamlet, Phillips & Manley

Preservation of Expert-Testimony Objections and Batson Affiliation Strikes: Third Circuit’s Clarification in United States v. Hamlet, Phillips & Manley

Date: Jun 10, 2025
Preservation of Expert-Testimony Objections and Batson Affiliation Strikes: Third Circuit’s Clarification in United States v. Hamlet, Phillips & Manley Introduction United States v. Corey Hamlet,...
Defining Waiver of Daubert Challenges and Batson Affiliation Strikes – United States v. Corey Hamlet

Defining Waiver of Daubert Challenges and Batson Affiliation Strikes – United States v. Corey Hamlet

Date: Jun 10, 2025
Defining Waiver of Daubert Challenges and Batson Affiliation Strikes United States v. Corey Hamlet Introduction United States v. Corey Hamlet (3d Cir. 2025) is a consolidated appeal from convictions...
Clarifying Waiver of Evidentiary Objections and Batson’s Affiliation-Based Challenges: United States v. Tony Phillips

Clarifying Waiver of Evidentiary Objections and Batson’s Affiliation-Based Challenges: United States v. Tony Phillips

Date: Jun 10, 2025
Clarifying Waiver of Evidentiary Objections and Batson’s Affiliation-Based Challenges: United States v. Tony Phillips Introduction United States v. Tony Phillips (3d Cir. June 4, 2025) arose from a...
Clarifying Bankruptcy Fee Approval: Proper Use of §§328 and 330 in Assadi v. Osherow

Clarifying Bankruptcy Fee Approval: Proper Use of §§328 and 330 in Assadi v. Osherow

Date: Jun 10, 2025
Clarifying Bankruptcy Fee Approval: Proper Use of §§328 and 330 in Assadi v. Osherow Introduction In Assadi v. Osherow, the Fifth Circuit confronted recurring fee disputes in a long-running Chapter 7...
Strict Enforcement of FTCA Presentment and Westfall Act Certification: Beary v. Harris County

Strict Enforcement of FTCA Presentment and Westfall Act Certification: Beary v. Harris County

Date: Jun 10, 2025
Strict Enforcement of FTCA Presentment and Westfall Act Certification: Beary v. Harris County Introduction Beary v. Harris County (5th Cir. June 4, 2025) presents a federal appeals court’s guidance...
Establishing Nexus and Exhaustion Standards in Gang-Related Asylum Claims: Castellan-Barrera v. Bondi

Establishing Nexus and Exhaustion Standards in Gang-Related Asylum Claims: Castellan-Barrera v. Bondi

Date: Jun 10, 2025
Establishing Nexus and Exhaustion Standards in Gang-Related Asylum Claims: Castellan-Barrera v. Bondi Introduction Castellan-Barrera v. Bondi, decided on June 4, 2025 by the United States Court of...
Pretext Standard in Failure-to-Promote Claims Affirmed: York v. Ezell

Pretext Standard in Failure-to-Promote Claims Affirmed: York v. Ezell

Date: Jun 10, 2025
Pretext Standard in Failure-to-Promote Claims Affirmed: York v. Ezell Introduction The Fifth Circuit’s decision in Delton York v. Charles Ezell, No. 24-50770 (5th Cir. June 4, 2025), clarifies the...
Purposeful Availment and Limits on Personal Jurisdiction for Nonresident Association Defendants

Purposeful Availment and Limits on Personal Jurisdiction for Nonresident Association Defendants

Date: Jun 10, 2025
Purposeful Availment and Limits on Personal Jurisdiction for Nonresident Association Defendants Introduction This commentary examines the Fifth Circuit’s decision in M. W. Prince Hall Grand Lodge,...
Mandatory Primacy of Arbitration Motions Under the Federal Arbitration Act

Mandatory Primacy of Arbitration Motions Under the Federal Arbitration Act

Date: Jun 10, 2025
Mandatory Primacy of Arbitration Motions Under the Federal Arbitration Act Introduction This commentary examines the Fifth Circuit’s per curiam decision in Odom Industries, Inc. v. Sipcam Agro...
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