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  • Commentaries
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federal Case Commentaries

Stermer v. Old Republic: Reasonably Equivalent Value, Contingent Interests, and Strict Limits on Successor Liability in Bankruptcy Fraudulent Transfer Litigation

Stermer v. Old Republic: Reasonably Equivalent Value, Contingent Interests, and Strict Limits on Successor Liability in Bankruptcy Fraudulent Transfer Litigation

Date: Nov 29, 2025
Stermer v. Old Republic: Reasonably Equivalent Value, Contingent Interests, and Strict Limits on Successor Liability in Bankruptcy Fraudulent Transfer Litigation I. Introduction The Eleventh...
Extending the Pioneer “Excusable Neglect” Standard to Criminal Rule 45 Motions: A Commentary on United States v. Beaufils

Extending the Pioneer “Excusable Neglect” Standard to Criminal Rule 45 Motions: A Commentary on United States v. Beaufils

Date: Nov 29, 2025
Extending the Pioneer “Excusable Neglect” Standard to Criminal Rule 45 Motions: A Commentary on United States v. Beaufils I. Introduction The Eleventh Circuit’s published decision in United States v....
Reaffirming Implied and Voluntary Consent to Home Searches: Commentary on United States v. Brooks (2d Cir. 2025)

Reaffirming Implied and Voluntary Consent to Home Searches: Commentary on United States v. Brooks (2d Cir. 2025)

Date: Nov 29, 2025
Reaffirming Implied and Voluntary Consent to Warrantless Home Searches: Commentary on United States v. Brooks (2d Cir. 2025) I. Introduction The Second Circuit’s summary order in United States v....
No Need to Reach Both Equitable Tolling Prongs When One Fails: Mandate Rule Clarified in Jane Doe v. United States (2d Cir. 2025)

No Need to Reach Both Equitable Tolling Prongs When One Fails: Mandate Rule Clarified in Jane Doe v. United States (2d Cir. 2025)

Date: Nov 28, 2025
No Need to Reach Both Equitable Tolling Prongs When One Fails: Mandate Rule Clarified in Jane Doe v. United States (2d Cir. 2025) I. Introduction This commentary examines the Second Circuit’s summary...
Discretionary De Novo Resentencing After Partial § 2255 Vacatur: Commentary on United States v. Abu Mezer

Discretionary De Novo Resentencing After Partial § 2255 Vacatur: Commentary on United States v. Abu Mezer

Date: Nov 28, 2025
Discretionary De Novo Resentencing After Partial § 2255 Vacatur: Commentary on United States v. Abu Mezer I. Introduction The Second Circuit’s summary order in United States v. Abu Mezer, No. 23‑6099...
Colorable Claims, Issue Exhaustion, and CAT Review in Immigration Appeals: Commentary on Hasan v. Bondi (2d Cir. 2025)

Colorable Claims, Issue Exhaustion, and CAT Review in Immigration Appeals: Commentary on Hasan v. Bondi (2d Cir. 2025)

Date: Nov 28, 2025
Colorable Claims, Issue Exhaustion, and CAT Review in Immigration Appeals: Commentary on Hasan v. Bondi (2d Cir. 2025) I. Introduction This commentary analyzes the Second Circuit’s summary order in...
Harmless Error, Expert Evidence, and Local Rule Enforcement in Civil Rights Trials: Commentary on Paul v. City of New York (2d Cir. 2025)

Harmless Error, Expert Evidence, and Local Rule Enforcement in Civil Rights Trials: Commentary on Paul v. City of New York (2d Cir. 2025)

Date: Nov 28, 2025
Harmless Error, Expert Evidence, and Local Rule Enforcement in Civil Rights Trials: Commentary on Paul v. City of New York (2d Cir. 2025) I. Introduction This commentary examines the Second Circuit’s...
Abusive Employer Lawsuits as Attempted Forced Labor and Permissive Forum Clauses in Physician Immigration Contracts: Commentary on Hemant Patel M.D., P.C. v. Bandikatla (2d Cir. 2025)

Abusive Employer Lawsuits as Attempted Forced Labor and Permissive Forum Clauses in Physician Immigration Contracts: Commentary on Hemant Patel M.D., P.C. v. Bandikatla (2d Cir. 2025)

Date: Nov 28, 2025
Abusive Employer Lawsuits as Attempted Forced Labor and Permissive Forum Clauses in Physician Immigration Contracts Comprehensive Commentary on Hemant Patel M.D., P.C. v. Bandikatla, 24-988(L),...
Plausibility Pleading and Post‑Conviction Rule 41(g) Motions: Commentary on United States v. Reddick (2d Cir. 2025)

Plausibility Pleading and Post‑Conviction Rule 41(g) Motions: Commentary on United States v. Reddick (2d Cir. 2025)

Date: Nov 28, 2025
Plausibility Pleading and Post‑Conviction Rule 41(g) Motions: Commentary on United States v. Reddick (2d Cir. 2025) I. Introduction This commentary analyzes the Second Circuit’s summary order in...
Reaffirming the Narrow Grounds for Vacating Arbitration Awards under the FAA: Commentary on Loans on Fine Art LLC v. Peck

Reaffirming the Narrow Grounds for Vacating Arbitration Awards under the FAA: Commentary on Loans on Fine Art LLC v. Peck

Date: Nov 28, 2025
Reaffirming the Narrow Grounds for Vacating Arbitration Awards under the FAA: Commentary on Loans on Fine Art LLC v. Ian S. Peck I. Introduction This Second Circuit summary order in Loans on Fine Art...
Probable Cause, Personal Involvement, and Amendment Limits in § 1983 Litigation: Commentary on Islam v. Tirelli

Probable Cause, Personal Involvement, and Amendment Limits in § 1983 Litigation: Commentary on Islam v. Tirelli

Date: Nov 28, 2025
Probable Cause, Personal Involvement, and Amendment Limits in § 1983 Litigation: Commentary on Islam v. Tirelli I. Introduction This commentary examines the Second Circuit’s summary order in Islam v....
Younger Abstention and Adequate State Review of Constitutional and Preemption Challenges to NYC’s Source-of-Income Law: Commentary on 216 East 29th Street Trust v. City of New York

Younger Abstention and Adequate State Review of Constitutional and Preemption Challenges to NYC’s Source-of-Income Law: Commentary on 216 East 29th Street Trust v. City of New York

Date: Nov 28, 2025
Younger Abstention and State-Court Review as Adequate Forums for Constitutional and Preemption Challenges to NYC’s Source-of-Income Law Commentary on 216 East 29th Street Trust v. City of New York,...
No Second Bite at the Apple: Eleventh Circuit Reaffirms Broad Discretion to Deny Post‑Judgment Amendments that Unduly Prejudice Defendants

No Second Bite at the Apple: Eleventh Circuit Reaffirms Broad Discretion to Deny Post‑Judgment Amendments that Unduly Prejudice Defendants

Date: Nov 28, 2025
No Second Bite at the Apple: Eleventh Circuit Reaffirms Broad Discretion to Deny Post‑Judgment Amendments that Unduly Prejudice Defendants I. Introduction This commentary examines the Eleventh...

    Clarifying Federal-Sector Title VII and COVID-19 Mask Accommodations 
    under the Rehabilitation Act: Commentary on 
    Laura Dang v. Postmaster General (11th Cir. 2025)

Clarifying Federal-Sector Title VII and COVID-19 Mask Accommodations under the Rehabilitation Act: Commentary on Laura Dang v. Postmaster General (11th Cir. 2025)

Date: Nov 28, 2025
Clarifying Federal-Sector Title VII and COVID-19 Mask Accommodations under the Rehabilitation Act: Commentary on Laura Dang v. Postmaster General (11th Cir. 2025) I. Introduction This unpublished,...

      Reaffirming the Admissibility of Prior Failure‑to‑Register Convictions and
      Intrinsic Flight Evidence in SORNA Prosecutions: Commentary on United States v. Fuertes

Reaffirming the Admissibility of Prior Failure‑to‑Register Convictions and Intrinsic Flight Evidence in SORNA Prosecutions: Commentary on United States v. Fuertes

Date: Nov 28, 2025
Reaffirming the Admissibility of Prior Failure‑to‑Register Convictions and Intrinsic Flight Evidence in SORNA Prosecutions: A Comprehensive Commentary on United States v. Fuertes (11th Cir. Nov. 24,...
United States v. Lara: District Court Discretion to Deny Amendment 821 “Zero‑Point Offender” Reductions on § 3553(a) Grounds Alone

United States v. Lara: District Court Discretion to Deny Amendment 821 “Zero‑Point Offender” Reductions on § 3553(a) Grounds Alone

Date: Nov 28, 2025
United States v. Lara: District Court Discretion to Deny Amendment 821 “Zero‑Point Offender” Reductions on § 3553(a) Grounds Alone I. Introduction The Eleventh Circuit’s unpublished decision in...
Independent State Actors, Municipal Garbage-Fee Prosecutions, and the Limits of Monell and RICO Liability: Commentary on Santori Little v. City of Valley

Independent State Actors, Municipal Garbage-Fee Prosecutions, and the Limits of Monell and RICO Liability: Commentary on Santori Little v. City of Valley

Date: Nov 28, 2025
Independent State Actors, Municipal Garbage-Fee Prosecutions, and the Limits of Monell and RICO Liability Commentary on Santori Little v. The City of Valley, Alabama, No. 24‑10120 (11th Cir. Nov. 25,...
Creditors Cannot Use § 363(b) to Obtain Payment of Their Professional Fees: Commentary on In re Boy Scouts of America

Creditors Cannot Use § 363(b) to Obtain Payment of Their Professional Fees: Commentary on In re Boy Scouts of America

Date: Nov 24, 2025
Creditors Cannot Use § 363(b) to Obtain Payment of Their Professional Fees: Commentary on In re Boy Scouts of America (3d Cir. 2025) I. Introduction The Third Circuit’s unpublished decision in In re...
Holistic Sentencing and Upward Variances in Cyberstalking Cases: Commentary on United States v. Marsico (3d Cir. 2025)

Holistic Sentencing and Upward Variances in Cyberstalking Cases: Commentary on United States v. Marsico (3d Cir. 2025)

Date: Nov 24, 2025
Holistic Sentencing and Upward Variances in Cyberstalking Cases: Commentary on United States v. Marsico (3d Cir. 2025) I. Introduction The Third Circuit’s nonprecedential decision in United States v....
United States v. Piaquadio: Factually Erroneous § 3553(a) Analyses and Ignored Post‑Sentencing Rehabilitation as Abuse of Discretion in Compassionate Release

United States v. Piaquadio: Factually Erroneous § 3553(a) Analyses and Ignored Post‑Sentencing Rehabilitation as Abuse of Discretion in Compassionate Release

Date: Nov 24, 2025
United States v. Piaquadio: Factually Erroneous § 3553(a) Analyses and Ignored Post‑Sentencing Rehabilitation as Abuse of Discretion in Compassionate Release Court: United States Court of Appeals for...
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