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  • Commentaries
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comprehensive-interpretation-of-&amp Case Commentaries


    United States v. Guyton: The Third Circuit Adopts Plain-Error Review
    for Unpreserved § 851(b) Omissions and Expands the Definition of
    “Term of Imprisonment” under 21 U.S.C. § 802(58)

United States v. Guyton: The Third Circuit Adopts Plain-Error Review for Unpreserved § 851(b) Omissions and Expands the Definition of “Term of Imprisonment” under 21 U.S.C. § 802(58)

Date: Jul 22, 2025
United States v. Guyton: The Third Circuit Adopts Plain-Error Review for Unpreserved § 851(b) Omissions and Expands the Meaning of “Term of Imprisonment” for Serious-Drug-Felony Enhancements...
“Not the Proper Stuff of a Federal Harassment Claim”: The Fifth Circuit Re-draws the Severity Line for Student-on-Student Title IX Claims in M.K. v. Pearl River County School District

“Not the Proper Stuff of a Federal Harassment Claim”: The Fifth Circuit Re-draws the Severity Line for Student-on-Student Title IX Claims in M.K. v. Pearl River County School District

Date: Jul 22, 2025
“Not the Proper Stuff of a Federal Harassment Claim”: The Fifth Circuit Re-draws the Severity Line for Student-on-Student Title IX Claims in M.K. v. Pearl River County School District 1. Introduction...
Fifth Circuit Clarifies that Louisiana Synthetic-Cannabinoid Convictions Are Not Automatically “Controlled Substance Offenses” for Career-Offender Purposes

Fifth Circuit Clarifies that Louisiana Synthetic-Cannabinoid Convictions Are Not Automatically “Controlled Substance Offenses” for Career-Offender Purposes

Date: Jul 22, 2025
Fifth Circuit Clarifies that Louisiana Synthetic-Cannabinoid Convictions Are Not Automatically “Controlled Substance Offenses” for Career-Offender Purposes Introduction In United States v. Edmond,...
“Holistic Comparator Analysis in Workforce Reductions” – A Commentary on Dawn Hayes v. Clariant Plastics & Coatings USA, Inc.

“Holistic Comparator Analysis in Workforce Reductions” – A Commentary on Dawn Hayes v. Clariant Plastics & Coatings USA, Inc.

Date: Jul 22, 2025
“Holistic Comparator Analysis in Workforce Reductions” Commentary on Dawn Hayes v. Clariant Plastics & Coatings USA, Inc. I. Introduction In Hayes v. Clariant, the Sixth Circuit revisits the...
Arbitrator Findings & Post-Reinstatement Delay as Evidence of Pretext and Retaliation: A Commentary on Jeff Smith v. City of Union, Ohio (6th Cir. 2025)

Arbitrator Findings & Post-Reinstatement Delay as Evidence of Pretext and Retaliation: A Commentary on Jeff Smith v. City of Union, Ohio (6th Cir. 2025)

Date: Jul 22, 2025
Arbitrator Findings & Post-Reinstatement Delay as Evidence of Pretext and Retaliation Commentary on Jeff Smith v. City of Union, Ohio, 89 F.4th ___ (6th Cir. 2025) Introduction In Jeff Smith v. City...
Private-University Police as State Actors: A Commentary on Warman v. Mount St. Joseph University (6th Cir. 2025)

Private-University Police as State Actors: A Commentary on Warman v. Mount St. Joseph University (6th Cir. 2025)

Date: Jul 22, 2025
Private-University Police as State Actors: A Commentary on Warman v. Mount St. Joseph University (6th Cir. 2025) 1. Introduction In Matthew Warman v. Mount St. Joseph University, the United States...
The “Endless-Cycle” Doctrine Reaffirmed: United States v. Frederick and the Scope of § 3583 Revocation Authority

The “Endless-Cycle” Doctrine Reaffirmed: United States v. Frederick and the Scope of § 3583 Revocation Authority

Date: Jul 22, 2025
The “Endless-Cycle” Doctrine Reaffirmed: United States v. Frederick and the Scope of § 3583 Revocation Authority Introduction In United States v. Frederick, No. 24-5099 (10th Cir. July 18, 2025), the...
Clarifying Warrant-Exception Boundaries During Police “Wellness Checks” – A Commentary on Alicea v. City of Bridgeport

Clarifying Warrant-Exception Boundaries During Police “Wellness Checks” – A Commentary on Alicea v. City of Bridgeport

Date: Jul 22, 2025
Clarifying Warrant-Exception Boundaries During Police “Wellness Checks” – A Commentary on Alicea v. City of Bridgeport 1. Introduction Jurisdiction & Panel: Second Circuit Court of Appeals (Judges...
Perpetuating Diversity Jurisdiction after Partial Dismissal: The Second Circuit’s Clarification in Banga v. Lustig (2025)

Perpetuating Diversity Jurisdiction after Partial Dismissal: The Second Circuit’s Clarification in Banga v. Lustig (2025)

Date: Jul 22, 2025
Perpetuating Diversity Jurisdiction after Partial Dismissal: The Second Circuit’s Clarification in Banga v. Lustig (2025) Introduction Banga v. Lustig, 24-140-cv, is a Second Circuit summary order...
Clarifying Section 29(b) Rescission: Convertible Notes Not Voidable Absent Contractual Broker-Dealer Obligations – Commentary on EMA Financial, LLC v. Vystar Corp. (2d Cir. 2025)

Clarifying Section 29(b) Rescission: Convertible Notes Not Voidable Absent Contractual Broker-Dealer Obligations – Commentary on EMA Financial, LLC v. Vystar Corp. (2d Cir. 2025)

Date: Jul 22, 2025
Clarifying Section 29(b) Rescission: Convertible Notes Not Voidable Absent Contractual Broker-Dealer Obligations – Commentary on EMA Financial, LLC v. Vystar Corp. (2d Cir. 2025) Introduction The...
Gluck v. Hecla Mining Co.: The Second Circuit’s Reinforcement of Strict PSLRA Pleading—Puffery, Scienter, and Safe-Harbor in Securities Fraud

Gluck v. Hecla Mining Co.: The Second Circuit’s Reinforcement of Strict PSLRA Pleading—Puffery, Scienter, and Safe-Harbor in Securities Fraud

Date: Jul 22, 2025
Gluck v. Hecla Mining Co.: The Second Circuit’s Reinforcement of Strict PSLRA Pleading—Puffery, Scienter, and Safe-Harbor in Securities Fraud Introduction In Gluck v. Hecla Mining Co. (24-2947-cv),...
Standard Account Terms as a Global Waiver of Sovereign Immunity & The Civil Nature of Large Coercive Fines ― A Commentary on JPMorgan Chase Bank, N.A. v. VTB Bank, P.J.S.C. (2d Cir. 2025)

Standard Account Terms as a Global Waiver of Sovereign Immunity & The Civil Nature of Large Coercive Fines ― A Commentary on JPMorgan Chase Bank, N.A. v. VTB Bank, P.J.S.C. (2d Cir. 2025)

Date: Jul 22, 2025
Standard Account Terms as a Global Waiver of Sovereign Immunity & The Civil Nature of Large Coercive Fines Comprehensive Commentary on JPMorgan Chase Bank, N.A. v. VTB Bank, P.J.S.C. United States...
The Illusion of APA Work-Arounds: Quezada Palacios v. Bondi and the Second Circuit’s Re-affirmation of § 1252(a)(2)(B)’s Jurisdictional Bar

The Illusion of APA Work-Arounds: Quezada Palacios v. Bondi and the Second Circuit’s Re-affirmation of § 1252(a)(2)(B)’s Jurisdictional Bar

Date: Jul 22, 2025
The Illusion of APA Work-Arounds: Quezada Palacios v. Bondi and the Second Circuit’s Re-affirmation of § 1252(a)(2)(B)’s Jurisdictional Bar 1. Introduction Kevin Donely Quezada Palacios (“Quezada”),...
“Hostile Appropriation by a Co-Owner” and “Active Concealment” as Dual Triggers: Commentary on Su v. Yeh (2d Cir. 2025)

“Hostile Appropriation by a Co-Owner” and “Active Concealment” as Dual Triggers: Commentary on Su v. Yeh (2d Cir. 2025)

Date: Jul 22, 2025
“Hostile Appropriation by a Co-Owner” and “Active Concealment” as Dual Triggers for Conversion & Equitable Estoppel: An In-Depth Commentary on Su v. Yeh, 24-0653 (2d Cir. 2025) 1. Introduction...

Second Circuit Endorses “One-Facility / One-Remediation” Rule: 
Statute of Limitations Under CERCLA Runs from the First Physical Cleanup

Second Circuit Endorses “One-Facility / One-Remediation” Rule: Statute of Limitations Under CERCLA Runs from the First Physical Cleanup

Date: Jul 22, 2025
Second Circuit Endorses “One-Facility / One-Remediation” Rule: Statute of Limitations Under CERCLA Runs from the First Physical Cleanup I. Introduction On 17 July 2025, the United States Court of...
“Grave Doubt” in Coram Nobis: Johnson v. United States and the Second Circuit’s Refined Harmless-Error Framework after Ciminelli

“Grave Doubt” in Coram Nobis: Johnson v. United States and the Second Circuit’s Refined Harmless-Error Framework after Ciminelli

Date: Jul 22, 2025
“Grave Doubt” in Coram Nobis: Johnson v. United States and the Second Circuit’s Refined Harmless-Error Framework after Ciminelli Introduction Johnson v. United States, No. 24-1221 (2d Cir. July 17,...

        Qualified Immunity for Indirect Regulatory Coercion of Non-Expressive Conduct:
        A Commentary on Nat’l Rifle Ass’n of Am. v. Vullo (2d Cir. 2025)

Qualified Immunity for Indirect Regulatory Coercion of Non-Expressive Conduct: A Commentary on Nat’l Rifle Ass’n of Am. v. Vullo (2d Cir. 2025)

Date: Jul 22, 2025
Qualified Immunity for Indirect Regulatory Coercion of Non-Expressive Conduct: A Commentary on Nat’l Rifle Ass’n of Am. v. Vullo (2d Cir. 2025) 1. Introduction On 17 July 2025 the United States Court...
Expansive Reach of PPIA Preemption over On-Site Distribution Operations: Northwestern Selecta, Inc. v. González-Beiró

Expansive Reach of PPIA Preemption over On-Site Distribution Operations: Northwestern Selecta, Inc. v. González-Beiró

Date: Jul 22, 2025
Expansive Reach of PPIA Preemption over On-Site Distribution Operations: Northwestern Selecta, Inc. v. González-Beiró Introduction In Northwestern Selecta, Inc. v. González-Beiró, the United States...
United States v. Muñoz-Gonzalez: Stipulated-Facts Advocacy & Plain-Error Waiver in Breach-of-Plea Claims

United States v. Muñoz-Gonzalez: Stipulated-Facts Advocacy & Plain-Error Waiver in Breach-of-Plea Claims

Date: Jul 22, 2025
United States v. Muñoz-Gonzalez: Stipulated-Facts Advocacy & Plain-Error Waiver in Breach-of-Plea Claims Introduction United States v. Muñoz-Gonzalez, No. 22-1423 (1st Cir. July 17 2025), addresses...
Fourth Circuit Abolishes the “Reasonable-Interpretation” Safe Harbor in Healthcare-Fraud Cases: A Commentary on United States v. Elfenbein

Fourth Circuit Abolishes the “Reasonable-Interpretation” Safe Harbor in Healthcare-Fraud Cases: A Commentary on United States v. Elfenbein

Date: Jul 22, 2025
Fourth Circuit Abolishes the “Reasonable-Interpretation” Safe Harbor in Healthcare-Fraud Cases: United States v. Elfenbein 1. Introduction In United States v. Ron Elfenbein, the United States Court...
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