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  • Commentaries
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federal Case Commentaries

“The Curtin Principle”: Express Agreement as Waiver and the ‘Commonsense’ Test for Expert Testimony under Rule 702

“The Curtin Principle”: Express Agreement as Waiver and the ‘Commonsense’ Test for Expert Testimony under Rule 702

Date: Jul 3, 2025
“The Curtin Principle”: Express Agreement as Waiver and the ‘Commonsense’ Test for Expert Testimony under Rule 702 1. Introduction United States v. Dana Curtin, No. 23-3368 (7th Cir. July 1, 2025),...
The “Fenner-Birkley Framework” – Seventh Circuit Clarifies Bruton, Lay-Summary Testimony, and Restitution in Complex Fraud Cases

The “Fenner-Birkley Framework” – Seventh Circuit Clarifies Bruton, Lay-Summary Testimony, and Restitution in Complex Fraud Cases

Date: Jul 3, 2025
The “Fenner-Birkley Framework” – Seventh Circuit Clarifies Bruton, Lay-Summary Testimony, and Restitution in Complex Fraud Cases Introduction United States v. Dennis Birkley (consolidated with United...
First Circuit Holds that Maine Dealers Act § 1173 Does Not Abrogate Res Judicata Effect of Motor Vehicle Franchise Board Orders – Commentary on Better Way Ford, LLC v. Ford Motor Company

First Circuit Holds that Maine Dealers Act § 1173 Does Not Abrogate Res Judicata Effect of Motor Vehicle Franchise Board Orders – Commentary on Better Way Ford, LLC v. Ford Motor Company

Date: Jul 3, 2025
“Prima Facie” ≠ “Only”: The First Circuit Confirms That § 1173 of the Maine Dealers Act Does Not Bar the Res Judicata Effect of Franchise Board Decisions I. Introduction Better Way Ford, LLC v. Ford...
Affidavit of Sale as Constructive Notice: Tran v. Citizens Bank, N.A.

Affidavit of Sale as Constructive Notice: Tran v. Citizens Bank, N.A.

Date: Jul 3, 2025
Affidavit of Sale as Constructive Notice: First Circuit Confirms Extinguishment of Equity of Redemption Cannot Be Avoided under §544(a)(3) I. Introduction In Tran v. Citizens Bank, N.A., No. 24-1101...
Heightened Evidentiary Requirement for § 666 “Benefits”: A Commentary on United States v. Evans (1st Cir. 2025)

Heightened Evidentiary Requirement for § 666 “Benefits”: A Commentary on United States v. Evans (1st Cir. 2025)

Date: Jul 3, 2025
Heightened Evidentiary Requirement for 18 U.S.C. § 666 “Benefits”: A Comprehensive Commentary on United States v. Evans, 92 F.4th ___ (1st Cir. 2025) I. Introduction The First Circuit’s decision in...
Third Circuit Abolishes “Subordination” and “Animus” Tests for Asylum Nexus and Re-focuses CAT Acquiescence on State Capability – Commentary on Hector Tipan Lopez v. Attorney General (3d Cir. 2025)

Third Circuit Abolishes “Subordination” and “Animus” Tests for Asylum Nexus and Re-focuses CAT Acquiescence on State Capability – Commentary on Hector Tipan Lopez v. Attorney General (3d Cir. 2025)

Date: Jul 3, 2025
Third Circuit Abolishes “Subordination” and “Animus” Tests for Asylum Nexus and Re-focuses CAT Acquiescence on State Capability Commentary on Hector Tipan Lopez v. Attorney General of the United...
The “Rosa Rule” – 404(b) Floodgates and Ineffective Assistance of Counsel under Strickland

The “Rosa Rule” – 404(b) Floodgates and Ineffective Assistance of Counsel under Strickland

Date: Jul 3, 2025
The “Rosa Rule” – 404(b) Floodgates and Ineffective Assistance of Counsel under Strickland Introduction In Kelvin Rosa v. Administrator East Jersey State Prison, the United States Court of Appeals...
United States v. Kimble: Categorical Disarmament of Drug-Trafficking Felons Survives Second-Amendment Scrutiny

United States v. Kimble: Categorical Disarmament of Drug-Trafficking Felons Survives Second-Amendment Scrutiny

Date: Jul 3, 2025
United States v. Kimble: Categorical Disarmament of Drug-Trafficking Felons Survives Second-Amendment Scrutiny 1. Introduction In United States v. Kimble, No. 23-50874 (5th Cir. June 30 2025), the...

Fourth-Circuit Clarifies “Joint-Venture Constructive Possession” and Plain-Error Limits on Competency Challenges – A Commentary on United States v. Cristian Cabrera-Rivas (2025)

Fourth-Circuit Clarifies “Joint-Venture Constructive Possession” and Plain-Error Limits on Competency Challenges – A Commentary on United States v. Cristian Cabrera-Rivas (2025)

Date: Jul 3, 2025
Fourth-Circuit Clarifies “Joint-Venture Constructive Possession” and Plain-Error Limits on Competency Challenges A Comprehensive Commentary on United States v. Cristian Cabrera-Rivas, 93 F.4th ___...
“Total Relevant Conduct” Means Total: United States v. Dehaven Craig and the Limits on Government-Sought Guideline Enhancements

“Total Relevant Conduct” Means Total: United States v. Dehaven Craig and the Limits on Government-Sought Guideline Enhancements

Date: Jul 3, 2025
“Total Relevant Conduct” Means Total: United States v. Dehaven Craig and the Limits on Government-Sought Guideline Enhancements Introduction On 30 June 2025 the United States Court of Appeals for the...
Ferguson v. City of New York: Reinforcing the Evidentiary Threshold to Rebut Grand-Jury Probable Cause and Advance § 1983 Malicious-Prosecution and Fair-Trial Claims on Summary Judgment

Ferguson v. City of New York: Reinforcing the Evidentiary Threshold to Rebut Grand-Jury Probable Cause and Advance § 1983 Malicious-Prosecution and Fair-Trial Claims on Summary Judgment

Date: Jul 3, 2025
Ferguson v. City of New York: Reinforcing the Evidentiary Threshold to Rebut Grand-Jury Probable Cause and Advance § 1983 Malicious-Prosecution and Fair-Trial Claims on Summary Judgment Introduction...

    “Cash Is Not a Record”: The Second Circuit’s Re-affirmation that
    Mental Reconstructions and Lost Papers Do Not Excuse a §727(a)(3) Violation

“Cash Is Not a Record”: The Second Circuit’s Re-affirmation that Mental Reconstructions and Lost Papers Do Not Excuse a §727(a)(3) Violation

Date: Jul 3, 2025
“Cash Is Not a Record”: The Second Circuit’s Re-affirmation that Mental Reconstructions and Lost Papers Do Not Excuse a §727(a)(3) Violation 1. Introduction The Second Circuit’s summary order in In...
Reaffirming the Necessity of Bad-Faith Allegations to Pierce § 102(b)(7) Shields in Disclosure-Based SPAC Merger Challenges: A Commentary on Mullen v. Bell (2d Cir. 2025)

Reaffirming the Necessity of Bad-Faith Allegations to Pierce § 102(b)(7) Shields in Disclosure-Based SPAC Merger Challenges: A Commentary on Mullen v. Bell (2d Cir. 2025)

Date: Jul 3, 2025
Reaffirming the Necessity of Bad-Faith Allegations to Pierce § 102(b)(7) Shields in Disclosure-Based SPAC Merger Challenges: Mullen v. Bell, 24-2291 (2d Cir. 2025) Introduction Mullen v. Bell...
“Same Website, Same Clock” – Second Circuit Clarifies the Limits of the Single-Publication Rule and Equitable Tolling in Online Defamation and Fraud Actions

“Same Website, Same Clock” – Second Circuit Clarifies the Limits of the Single-Publication Rule and Equitable Tolling in Online Defamation and Fraud Actions

Date: Jul 3, 2025
“Same Website, Same Clock” – Second Circuit Clarifies the Limits of the Single-Publication Rule and Equitable Tolling in Online Defamation and Fraud Actions Introduction Case: Sarkar v. City of New...
Post-Esteras Clarification on Consecutive Revocation Sentences: United States v. Reynoso (2d Cir. 2025)

Post-Esteras Clarification on Consecutive Revocation Sentences: United States v. Reynoso (2d Cir. 2025)

Date: Jul 3, 2025
Post-Esteras Clarification on Consecutive Revocation Sentences: United States v. Reynoso, 24-214 (2d Cir. June 30, 2025) Introduction United States v. Reynoso, decided by the Second Circuit on June...
Reaffirming the Limits of Martinez: Procedural Default Not Excused for Unbriefed IAC Claims on Post-Conviction Appeal

Reaffirming the Limits of Martinez: Procedural Default Not Excused for Unbriefed IAC Claims on Post-Conviction Appeal

Date: Jul 3, 2025
Reaffirming the Limits of Martinez: Procedural Default Not Excused for Unbriefed Ineffective-Assistance Claims on Post-Conviction Appeal Introduction In Christopher Watts v. Secretary, Florida...
Eleventh Circuit Clarifies the Limits of Non-Signatory Enforcement of Arbitration Clauses under Florida Law – Commentary on Jesus Santiago, Jr. v. Neno Research LLC

Eleventh Circuit Clarifies the Limits of Non-Signatory Enforcement of Arbitration Clauses under Florida Law – Commentary on Jesus Santiago, Jr. v. Neno Research LLC

Date: Jul 3, 2025
Eleventh Circuit Clarifies the Limits of Non-Signatory Enforcement of Arbitration Clauses under Florida Law Introduction In Jesus Santiago, Jr. v. Neno Research LLC, the United States Court of...
Eleventh Circuit Clarifies Timeliness Standard for Claim-Processing Objections to Defective NTAs

Eleventh Circuit Clarifies Timeliness Standard for Claim-Processing Objections to Defective NTAs

Date: Jul 3, 2025
Eleventh Circuit Clarifies Timeliness Standard for Claim-Processing Objections to Defective NTAs Introduction Case Name: Sara Ordoñez-Vasquez v. U.S. Attorney General Court & Date: United States...
United States v. Pineda: Clarifying the Non-Jurisdictional Nature of MDLEA Vessel Status and the Breadth of Sentence-Appeal Waivers

United States v. Pineda: Clarifying the Non-Jurisdictional Nature of MDLEA Vessel Status and the Breadth of Sentence-Appeal Waivers

Date: Jul 3, 2025
United States v. Pineda: Clarifying the Non-Jurisdictional Nature of MDLEA Vessel Status and the Breadth of Sentence-Appeal Waivers Introduction In United States v. Braudimil Pineda, No. 22-13661...
Reaffirming the Extraterritorial Reach of the MDLEA: United States v. Wilmer Payan (11th Cir. 2025)

Reaffirming the Extraterritorial Reach of the MDLEA: United States v. Wilmer Payan (11th Cir. 2025)

Date: Jul 3, 2025
Reaffirming the Extraterritorial Reach of the MDLEA: United States v. Wilmer Payan (11th Cir. 2025) 1. Introduction In United States v. Wilmer Payan, the Eleventh Circuit revisited the...
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