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establishing-&amp Case Commentaries

Clarifying “Cause” for Dismissal of Involuntary Bankruptcy Petitions and the Limits of Appellate Jurisdiction over § 303(i) Fee Awards

Clarifying “Cause” for Dismissal of Involuntary Bankruptcy Petitions and the Limits of Appellate Jurisdiction over § 303(i) Fee Awards

Date: Aug 15, 2025
Clarifying “Cause” for Dismissal of Involuntary Bankruptcy Petitions and the Limits of Appellate Jurisdiction over § 303(i) Fee Awards 1. Introduction In Re: Valuex Research, LLC concerns creditors...
Clarifying Prevailing-Party Status and Recognising Joint Trademark Ownership: A Commentary on Zioness Movement, Inc. v. The Lawfare Project, Inc.

Clarifying Prevailing-Party Status and Recognising Joint Trademark Ownership: A Commentary on Zioness Movement, Inc. v. The Lawfare Project, Inc.

Date: Aug 15, 2025
Clarifying Prevailing-Party Status and Recognising Joint Trademark Ownership: Commentary on Zioness Movement, Inc. v. The Lawfare Project, Inc. (2d Cir. 2025) Introduction The Second Circuit's...

        “No Legislative Short-Cut to Article III”:  The Second Circuit Rejects 
        “Congressionally-Authorized Representational Standing” and Clarifies 
        Mootness Procedure —  Commentary on A.H. v. N.Y. State Dep’t of Health

“No Legislative Short-Cut to Article III”: The Second Circuit Rejects “Congressionally-Authorized Representational Standing” and Clarifies Mootness Procedure — Commentary on A.H. v. N.Y. State Dep’t of Health

Date: Aug 15, 2025
“No Legislative Short-Cut to Article III”: The Second Circuit Rejects “Congressionally-Authorized Representational Standing” and Clarifies Mootness Procedure — Commentary on A.H. v. N.Y. State Dep’t...
“The Carew Principle” – No Per-Se Duty on Defence Counsel to Pursue a Batson Remedy

“The Carew Principle” – No Per-Se Duty on Defence Counsel to Pursue a Batson Remedy

Date: Aug 15, 2025
“The Carew Principle” No Per-Se Duty on Defence Counsel to Pursue a Batson Remedy – Court of Appeals for the Second Circuit, 2025 1. Introduction In Carew v. Morton, the United States Court of...
“A Single Straw Breaks the Camel’s Back” – Isaacs v. Zimmerman and the Second Circuit’s Zero-Tolerance Approach to Discovery-Order Breaches

“A Single Straw Breaks the Camel’s Back” – Isaacs v. Zimmerman and the Second Circuit’s Zero-Tolerance Approach to Discovery-Order Breaches

Date: Aug 15, 2025
“A Single Straw Breaks the Camel’s Back” – Isaacs v. Zimmerman and the Second Circuit’s Zero-Tolerance Approach to Discovery-Order Breaches Introduction Isaacs v. Zimmerman, No. 23-7492 (2d Cir. Aug....
“The Comma That Wasn’t”: Second Circuit Restores Full Scope of Personal-Injury Liability Insurance and Safe-Harbor Protection in N.Y. Ins. Law § 1113(a)(13) & § 1213(e)

“The Comma That Wasn’t”: Second Circuit Restores Full Scope of Personal-Injury Liability Insurance and Safe-Harbor Protection in N.Y. Ins. Law § 1113(a)(13) & § 1213(e)

Date: Aug 15, 2025
“The Comma That Wasn’t”: Second Circuit Restores Full Scope of Personal-Injury Liability Insurance and Safe-Harbor Protection in N.Y. Ins. Law § 1113(a)(13) & § 1213(e) 1. Introduction Liberty...
The Post-Chevron Quid-Pro-Quo Doctrine: Second Circuit Affirms IRS Power to Net State Tax Credits against § 170 Charitable Deductions

The Post-Chevron Quid-Pro-Quo Doctrine: Second Circuit Affirms IRS Power to Net State Tax Credits against § 170 Charitable Deductions

Date: Aug 15, 2025
The Post-Chevron Quid-Pro-Quo Doctrine: Second Circuit Affirms IRS Power to Net State Tax Credits against § 170 Charitable Deductions Introduction The consolidated appeal New Jersey v. Bessent;...
“Reinforcing Objectivity”: Eleventh Circuit Clarifies the “Substantial-Evidence” Standard for Aesthetic Denials under the Telecommunications Act

“Reinforcing Objectivity”: Eleventh Circuit Clarifies the “Substantial-Evidence” Standard for Aesthetic Denials under the Telecommunications Act

Date: Aug 15, 2025
“Reinforcing Objectivity”: Eleventh Circuit Clarifies the “Substantial-Evidence” Standard for Aesthetic Denials under the Telecommunications Act Introduction In Gulfstream Towers, LLC v. Brevard...
Clarifying the “Prone-but-Uncuffed” Threshold: Excessive-Force Parameters Re-Drawn in Roe v. Redmond & Maertz (11th Cir. 2025)

Clarifying the “Prone-but-Uncuffed” Threshold: Excessive-Force Parameters Re-Drawn in Roe v. Redmond & Maertz (11th Cir. 2025)

Date: Aug 15, 2025
Clarifying the “Prone-but-Uncuffed” Threshold: Excessive-Force Parameters Re-Drawn in Roe v. Redmond & Maertz (11th Cir. 2025) 1. Introduction In August 2020 Clay County (Florida) deputies attempted...
“If the Motion Is Not Properly Filed, the Claim Is Waived” – The Eleventh Circuit’s Clarification of Speedy-Trial Waiver and COVID-Related Delay in United States v. Francisco Louis

“If the Motion Is Not Properly Filed, the Claim Is Waived” – The Eleventh Circuit’s Clarification of Speedy-Trial Waiver and COVID-Related Delay in United States v. Francisco Louis

Date: Aug 15, 2025
“If the Motion Is Not Properly Filed, the Claim Is Waived” – The Eleventh Circuit’s Clarification of Speedy-Trial Waiver and COVID-Related Delay in United States v. Francisco Louis 1. Introduction In...
The “Direct-Connection” Doctrine: Sixth Circuit Confirms FCC Authority to Mandate PII-Breach Reporting and Clarifies the Scope of CRA Disapprovals

The “Direct-Connection” Doctrine: Sixth Circuit Confirms FCC Authority to Mandate PII-Breach Reporting and Clarifies the Scope of CRA Disapprovals

Date: Aug 15, 2025
The “Direct-Connection” Doctrine: Sixth Circuit Confirms FCC Authority to Mandate PII-Breach Reporting and Clarifies the Scope of CRA Disapprovals Introduction In CTIA – The Wireless Association v....
The Sixth Circuit’s Two-Step Test for Affiliated Ute in Mixed Securities-Fraud Cases – Commentary on Diane Owens v. FirstEnergy Corp.

The Sixth Circuit’s Two-Step Test for Affiliated Ute in Mixed Securities-Fraud Cases – Commentary on Diane Owens v. FirstEnergy Corp.

Date: Aug 15, 2025
The Sixth Circuit’s Two-Step Test for Applying the Affiliated Ute Presumption in Mixed Omission / Misrepresentation Securities-Fraud Actions 1. Introduction In Diane Owens v. FirstEnergy Corporation,...
Mixed Securities-Fraud Actions After Owens v. FirstEnergy: The Sixth Circuit’s Two-Step Test for Affiliated Ute and the Reaffirmed Comcast Damages Mandate

Mixed Securities-Fraud Actions After Owens v. FirstEnergy: The Sixth Circuit’s Two-Step Test for Affiliated Ute and the Reaffirmed Comcast Damages Mandate

Date: Aug 15, 2025
Mixed Securities-Fraud Actions After Owens v. FirstEnergy: The Sixth Circuit’s Two-Step Test for Affiliated Ute and the Reaffirmed Comcast Damages Mandate 1. Introduction In Diane Owens v....
The Sixth Circuit’s Two-Step Test for Affiliated Ute in Mixed Securities-Fraud Actions: Commentary on Diane Owens v. FirstEnergy Corp.

The Sixth Circuit’s Two-Step Test for Affiliated Ute in Mixed Securities-Fraud Actions: Commentary on Diane Owens v. FirstEnergy Corp.

Date: Aug 15, 2025
The Sixth Circuit’s Two-Step Test for Affiliated Ute in Mixed Securities-Fraud Actions (Commentary on Diane Owens v. FirstEnergy Corporation, 23-3940/3943/3945/3946/3947, 6th Cir. Aug. 13 2025) 1....
Refining Reliance: Sixth Circuit Establishes Two-Step, Four-Factor Framework for Affiliated Ute Presumption in Mixed Securities-Fraud Cases

Refining Reliance: Sixth Circuit Establishes Two-Step, Four-Factor Framework for Affiliated Ute Presumption in Mixed Securities-Fraud Cases

Date: Aug 15, 2025
Refining Reliance: Sixth Circuit Establishes Two-Step, Four-Factor Framework for Affiliated Ute Presumption in Mixed Securities-Fraud Cases Introduction In Diane Owens v. FirstEnergy Corporation, the...
“Primarily Omissions” Re-Defined: Sixth Circuit’s Two-Step Test for Affiliated Ute and Rigorous Comcast Damages Review in Diane Owens v. FirstEnergy

“Primarily Omissions” Re-Defined: Sixth Circuit’s Two-Step Test for Affiliated Ute and Rigorous Comcast Damages Review in Diane Owens v. FirstEnergy

Date: Aug 15, 2025
“Primarily Omissions” Re-Defined: Sixth Circuit’s Two-Step Test for Affiliated Ute and Rigorous Comcast Damages Review in Diane Owens v. FirstEnergy 1. Introduction The United States Court of Appeals...
Reaffirming Exhaustion via Ginther Motions: Sixth Circuit Clarifies § 2254 Procedure in Fischer v. Nagy

Reaffirming Exhaustion via Ginther Motions: Sixth Circuit Clarifies § 2254 Procedure in Fischer v. Nagy

Date: Aug 15, 2025
Reaffirming Exhaustion via Ginther Motions: Sixth Circuit Clarifies § 2254 Procedure in Fischer v. Nagy 1 Introduction The United States Court of Appeals for the Sixth Circuit has once again...
Heiney v. Moore: Sixth Circuit Declines to Extend the Adams “Entire-Transcript” Rule to Trial Exhibits in § 2254 Habeas Review

Heiney v. Moore: Sixth Circuit Declines to Extend the Adams “Entire-Transcript” Rule to Trial Exhibits in § 2254 Habeas Review

Date: Aug 15, 2025
Heiney v. Moore: Sixth Circuit Declines to Extend the Adams “Entire-Transcript” Rule to Trial Exhibits in § 2254 Habeas Review Introduction Jake Paul Heiney, an orthopedic surgeon convicted in Ohio...
Beyond CPNI: Sixth Circuit Confirms FCC’s § 201(b) Power to Regulate PII Breach Reporting and Narrows the CRA “Substantially-the-Same” Bar

Beyond CPNI: Sixth Circuit Confirms FCC’s § 201(b) Power to Regulate PII Breach Reporting and Narrows the CRA “Substantially-the-Same” Bar

Date: Aug 15, 2025
Beyond CPNI: Sixth Circuit Confirms FCC’s § 201(b) Power to Regulate PII Breach Reporting and Narrows the CRA “Substantially-the-Same” Bar Introduction In Ohio Telecom Association v. FCC, Nos....
Re-affirming Nexus and Particular-Social-Group Precision: The Significance of Aguilar-Mejia v. Bondi (6th Cir. 2025)

Re-affirming Nexus and Particular-Social-Group Precision: The Significance of Aguilar-Mejia v. Bondi (6th Cir. 2025)

Date: Aug 15, 2025
Re-affirming Nexus and Particular-Social-Group Precision: Aguilar-Mejia v. Bondi and the Sixth Circuit’s 2025 Guidance on Gang-Related Asylum Claims 1. Introduction Case: Pedro Aguilar-Mejia v....
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