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Statutory and Equitable Mootness under Section 363(m): Insulating Chapter 11 Plan Sales from Appeal and the Limits on Third-Party Releases Introduction In In re Boy Scouts of America and Delaware...
Finality of § 363(b) Sales and the Limits on Non-Consensual Third-Party Releases in Chapter 11 Plans Introduction This commentary examines the Third Circuit’s May 13, 2025 decision in In re Boy...
Statutory Mootness Under §363(m): Limiting Challenges to Plan-Incorporated §363 Sales Introduction This appeal arises from the confirmation of the Chapter 11 Plan of Reorganization for Boy Scouts of...
Respondeat Superior Liability of Supervising Physicians for Medical Students’ Negligence Introduction In Statham v. Quang (S24G0842), decided May 13, 2025 by the Supreme Court of Georgia, the Court...
Establishing Finality in Habeas Corpus Review: Requirement for Demonstrating a Final Judgment Before Granting Relief Introduction Case Name: Joseph, Warden v. Ingram (and Vice Versa) Court: Supreme...
Plea-Based Admissions & Forfeiture Figures as Clear-and-Convincing Proof of the $10,000 Loss Threshold Commentary on Roman Goltiescu v. U.S. Attorney General, 24-12552 (11th Cir. May 13 2025) 1....
“One Central Reason” Confirmed as the Nexus Standard for Both Asylum and Withholding-of-Removal in the Eleventh Circuit Commentary on Carlos Cordova-Garcia v. U.S. Attorney General, 20-11123 (11th...
In re L.T. and I.T.: Suitability Determination as a Prerequisite to Grandparent Home Studies Under W. Va. Code § 49-4-114 Introduction The Supreme Court of Appeals of West Virginia decided In re L.T....
Exclusive Remedy for Automatic Stay Violations Does Not Preclude §6503(h)(2) Tolling of Tax Penalty Collections Introduction The Second Circuit’s May 13, 2025 summary order in United States v....
Recorded Deed Insufficient Alone to Establish Constructive Possession for Adverse Possession Under Color of Title Introduction This commentary examines the Supreme Court of Georgia’s decision in...
Presumption Not Warranted: Prejudice Requirement for Statutory Maximum Errors in Sentencing Introduction This commentary examines the Tenth Circuit’s decision in United States v. Calderon-Padilla,...
Competent Summary-Judgment Evidence of Qualification Required in §1981 Failure-to-Promote Claims Introduction Fry v. City of Hernando, 5th Cir. No. 24-60532 (May 13, 2025), presents a dispute between...
Delaware’s Director-by-Director Demand Futility Standard in Shareholder Derivative Suits: Ezell v. Dinges Introduction Ezell v. Dinges, 24-20050 (5th Cir. May 13, 2025), arises from a derivative...
Active Efforts under ICWA and Termination of Parental Rights: Matter of J.T.L. Introduction The Supreme Court of Montana’s decision in Matter of J.T.L., 2025 MT 98, clarifies how “active efforts”...
Statutory Finality of § 363 Sales and Limits on Nonconsensual Releases in Chapter 11: In re Boy Scouts of America and Delaware BSA, LLC Introduction In May 2025, a divided Third Circuit issued a...
Clarifying Willfulness in Unemployment Benefits Fraud under Idaho Code §72-1366(12) Introduction The Supreme Court of Idaho’s decision in Flynn v. Sun Valley Brewing Company, 50921 (May 13, 2025),...
Mandate for Comprehensive Fact-Finding in Declaratory Challenges to Zoning Ordinance Validity Introduction Koziol Firearms, Inc. v. Kevin Marchand, in his capacity as member of the Zoning Board of...
Section 363(m) Finality and Non-Consensual Third-Party Releases: Boy Scouts Chapter 11 Plan Decision Introduction In In re Boy Scouts of America and Delaware BSA, LLC, the Third Circuit addressed...
Bankruptcy §363(m) Reins in Challenges to Non-Consensual Third-Party Releases: Commentary on Boy Scouts of America Appeals Introduction The Boy Scouts of America and Delaware BSA, LLC filed Chapter...
Statutory Finality of Non-Stayed §363(b) Sales: Boy Scouts Appellate Commentary Introduction In May 2025 the Third Circuit issued a precedential opinion in the consolidated appeals arising from the...