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  • Commentaries
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federal Case Commentaries

Purser v. Gilliland: Preliminary Development Emails, “Forced Exchange” Services, and Appellate Waiver in Contract and Unjust Enrichment Claims

Purser v. Gilliland: Preliminary Development Emails, “Forced Exchange” Services, and Appellate Waiver in Contract and Unjust Enrichment Claims

Date: Dec 13, 2025
Purser v. Gilliland: Preliminary Development Emails, “Forced Exchange” Services, and Appellate Waiver in Contract and Unjust Enrichment Claims Introduction This commentary examines the Tenth...
No Liability Without Personal Involvement: Personal Participation, Amendment, and Discovery in Prisoner Mail Due‑Process Claims after Owens v. Burtlow

No Liability Without Personal Involvement: Personal Participation, Amendment, and Discovery in Prisoner Mail Due‑Process Claims after Owens v. Burtlow

Date: Dec 13, 2025
No Liability Without Personal Involvement: Personal Participation, Amendment, and Discovery in Prisoner Mail Due‑Process Claims after Owens v. Burtlow I. Introduction The Tenth Circuit’s...
Informal Corporate Arrangements, Defamation Per Se, and Limits on Federal Anti‑Injunction Power: A Commentary on Orkin v. Albert

Informal Corporate Arrangements, Defamation Per Se, and Limits on Federal Anti‑Injunction Power: A Commentary on Orkin v. Albert

Date: Dec 13, 2025
Informal Corporate Arrangements, Defamation Per Se, and Limits on Federal Anti‑Injunction Power: A Commentary on Orkin v. Albert I. Introduction The First Circuit’s decision in Orkin v. Albert, Nos....
Implied Compensation, Conversion of Corporate Funds, and Limits on Federal Anti‑Suit Power: A Commentary on Orkin v. Albert

Implied Compensation, Conversion of Corporate Funds, and Limits on Federal Anti‑Suit Power: A Commentary on Orkin v. Albert

Date: Dec 13, 2025
Implied Compensation, Conversion of Corporate Funds, and Limits on Federal Anti‑Suit Power: A Commentary on Orkin v. Albert I. Introduction Orkin v. Albert, a December 11, 2025 decision of the U.S....
Defamation Per Se, Implied Compensation, and Limits on Federal Anti‑Suit Injunctions: Commentary on Orkin v. Albert (1st Cir. 2025)

Defamation Per Se, Implied Compensation, and Limits on Federal Anti‑Suit Injunctions: Commentary on Orkin v. Albert (1st Cir. 2025)

Date: Dec 13, 2025
Defamation Per Se, Implied Compensation, and Limits on Federal Anti‑Suit Injunctions: Commentary on Orkin v. Albert, 1st Cir. Dec. 11, 2025 I. Introduction Orkin v. Albert is a dense and important...
United States v. Yu: First Circuit Adopts Preponderance Standard for Selective Enforcement and Affirms Trade Secret Conviction

United States v. Yu: First Circuit Adopts Preponderance Standard for Selective Enforcement and Affirms Trade Secret Conviction

Date: Dec 13, 2025
United States v. Yu: First Circuit Adopts Preponderance Standard for Selective Enforcement and Affirms Trade Secret Conviction I. Introduction In United States v. Yu, Nos. 23‑1585 & 24‑1325 (1st Cir....
United States v. Yu: The Preponderance Standard for Selective Enforcement and Trade Secret Protection After Product Release

United States v. Yu: The Preponderance Standard for Selective Enforcement and Trade Secret Protection After Product Release

Date: Dec 13, 2025
United States v. Yu: The Preponderance Standard for Selective Enforcement and Trade Secret Protection After Product Release I. Introduction The First Circuit’s decision in United States v. Yu is...

      Exhaustion Under IDEA as a Nonjurisdictional Rule and the “Policy-or-Practice”
      Exception: Commentary on J.M. v. New York City Department of Education

Exhaustion Under IDEA as a Nonjurisdictional Rule and the “Policy-or-Practice” Exception: Commentary on J.M. v. New York City Department of Education

Date: Dec 13, 2025
Exhaustion Under IDEA as a Nonjurisdictional Rule and the “Policy-or-Practice” Exception: Commentary on J.M. v. New York City Department of Education I. Introduction In J.M. v. New York City...
No Accident: Intentional Ghost Gun Sales and the Limits of “Occurrence” Coverage Under Texas Law – Commentary on Granite State Insurance Co. v. Primary Arms, LLC

No Accident: Intentional Ghost Gun Sales and the Limits of “Occurrence” Coverage Under Texas Law – Commentary on Granite State Insurance Co. v. Primary Arms, LLC

Date: Dec 13, 2025
No Accident: Intentional Ghost Gun Sales and the Limits of “Occurrence” Coverage Under Texas Law Commentary on Granite State Insurance Co. v. Primary Arms, LLC (2d Cir. Dec. 10, 2025) I. Introduction...
Classwide Immigration Enforcement Under Consent Decrees After § 1252(f)(1): The Seventh Circuit’s Partial Stay in Castañon‑Nava v. DHS

Classwide Immigration Enforcement Under Consent Decrees After § 1252(f)(1): The Seventh Circuit’s Partial Stay in Castañon‑Nava v. DHS

Date: Dec 12, 2025
Classwide Immigration Enforcement Under Consent Decrees After § 1252(f)(1): The Seventh Circuit’s Partial Stay in Castañon‑Nava v. DHS I. Introduction The Seventh Circuit’s decision in Margarito...
Documentary Appraisals and the Need for Evidentiary Hearings in MVRA Restitution: A Commentary on United States v. Anderson (2d Cir. 2025)

Documentary Appraisals and the Need for Evidentiary Hearings in MVRA Restitution: A Commentary on United States v. Anderson (2d Cir. 2025)

Date: Dec 12, 2025
Documentary Appraisals and the Need for Evidentiary Hearings in MVRA Restitution: A Commentary on United States v. Anderson (2d Cir. 2025) I. Introduction This commentary analyzes the Second...
IDEA Exhaustion for ABA Therapy Framed as ADA/§504 Claims: Commentary on Derek S. v. Ballston Spa Central School District

IDEA Exhaustion for ABA Therapy Framed as ADA/§504 Claims: Commentary on Derek S. v. Ballston Spa Central School District

Date: Dec 12, 2025
IDEA Exhaustion for ABA Therapy Framed as ADA/§504 Claims: Commentary on Derek S. v. Ballston Spa Central School District I. Introduction This commentary analyzes the United States Court of Appeals...
No Presumption of Venire Taint from Stray Prospective Juror Comments: A Commentary on United States v. Htut (2d Cir. 2025)

No Presumption of Venire Taint from Stray Prospective Juror Comments: A Commentary on United States v. Htut (2d Cir. 2025)

Date: Dec 12, 2025
No Presumption of Venire Taint from Stray Prospective Juror Comments: A Commentary on United States v. Htut (2d Cir. 2025) I. Introduction This commentary analyzes the Second Circuit’s summary order...
Finality over Re‑Litigation: Claim Preclusion and the High Bar for Fraud on the Court in Vayani v. 146 W. 29th St. Owners Corp.

Finality over Re‑Litigation: Claim Preclusion and the High Bar for Fraud on the Court in Vayani v. 146 W. 29th St. Owners Corp.

Date: Dec 12, 2025
Finality over Re‑Litigation: Claim Preclusion and the High Bar for Fraud on the Court in Vayani v. 146 W. 29th St. Owners Corp. 1. Introduction In Vayani v. 146 W. 29th St. Owners Corp., No....
Reaffirming the Prophylactic Rule Against National-Origin-Based Sentencing: Commentary on United States v. Santibanez Cardona & Montoya Garcia

Reaffirming the Prophylactic Rule Against National-Origin-Based Sentencing: Commentary on United States v. Santibanez Cardona & Montoya Garcia

Date: Dec 12, 2025
Reaffirming the Prophylactic Rule Against National-Origin-Based Sentencing: Commentary on United States v. Santibanez Cardona & Montoya Garcia I. Introduction This commentary analyzes the Second...
Deterrence-Focused Consecutive Revocation Sentences After Esteras: Commentary on United States v. Duprey (2d Cir. 2025)

Deterrence-Focused Consecutive Revocation Sentences After Esteras: Commentary on United States v. Duprey (2d Cir. 2025)

Date: Dec 12, 2025
Deterrence-Focused Consecutive Revocation Sentences After Esteras: Commentary on United States v. Duprey (2d Cir. 2025) 1. Introduction United States v. Duprey, No. 24-2410 (2d Cir. Dec. 11, 2025)...
Jurisdictional and Immunity Barriers to Challenging FINRA Arbitrations and BrokerCheck Disclosures: Commentary on Tanjutco v. NYLife Sec. LLC

Jurisdictional and Immunity Barriers to Challenging FINRA Arbitrations and BrokerCheck Disclosures: Commentary on Tanjutco v. NYLife Sec. LLC

Date: Dec 12, 2025
Jurisdictional and Immunity Barriers to Challenging FINRA Arbitrations and BrokerCheck Disclosures: Commentary on Tanjutco v. NYLife Securities LLC (2d Cir. Dec. 9, 2025) I. Introduction This...

    Waiver of Pretrial Claims After Unconditional Guilty Pleas and Robust Use of Sentencing Cross‑References: Commentary on United States v. Skyfield (2d Cir. 2025)

Waiver of Pretrial Claims After Unconditional Guilty Pleas and Robust Use of Sentencing Cross‑References: Commentary on United States v. Skyfield (2d Cir. 2025)

Date: Dec 12, 2025
Waiver of Pretrial Claims After Unconditional Guilty Pleas and Robust Use of Sentencing Cross‑References: Commentary on United States v. Skyfield, No. 24‑2022 (2d Cir. Dec. 9, 2025) (Summary Order)...
Interpreting, Not Modifying: Appellate Jurisdiction over Orders Applying Existing IP Injunctions in Lego A/S v. Zuru Inc.

Interpreting, Not Modifying: Appellate Jurisdiction over Orders Applying Existing IP Injunctions in Lego A/S v. Zuru Inc.

Date: Dec 12, 2025
Interpreting, Not Modifying: Appellate Jurisdiction over Orders Applying Existing IP Injunctions in Lego A/S v. Zuru Inc. I. Introduction This commentary examines the United States Court of Appeals...
Felon Disarmament and Attempted-Murder Sentencing Under § 922(g)(1): Commentary on United States v. Scott (2d Cir. 2025)

Felon Disarmament and Attempted-Murder Sentencing Under § 922(g)(1): Commentary on United States v. Scott (2d Cir. 2025)

Date: Dec 12, 2025
Felon Disarmament and Attempted-Murder Sentencing Under § 922(g)(1): Commentary on United States v. Scott (2d Cir. 2025) I. Introduction The Second Circuit’s summary order in United States v. Scott,...
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