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  • Commentaries
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federal Case Commentaries

Clarifying Jurisdictional and Pleading Standards in Multi-Defendant Product Liability Actions

Clarifying Jurisdictional and Pleading Standards in Multi-Defendant Product Liability Actions

Date: Jun 10, 2025
Clarifying Jurisdictional and Pleading Standards in Multi-Defendant Product Liability Actions Introduction Case Name: Sarah Cordle v. Enovis Corp. Court: United States Court of Appeals for the Sixth...
Upholding Discretion in Supervised-Release Revocation: Mens Rea for RRC Violations and Flexible Use of Hearsay Evidence

Upholding Discretion in Supervised-Release Revocation: Mens Rea for RRC Violations and Flexible Use of Hearsay Evidence

Date: Jun 10, 2025
Upholding Discretion in Supervised-Release Revocation: Mens Rea for RRC Violations and Flexible Use of Hearsay Evidence Introduction This commentary reviews the Sixth Circuit’s decision in United...
Crayton v. Bank of America: Stringent Requirements for Pleading Fraudulent Concealment Tolling

Crayton v. Bank of America: Stringent Requirements for Pleading Fraudulent Concealment Tolling

Date: Jun 10, 2025
Crayton v. Bank of America: Stringent Requirements for Pleading Fraudulent Concealment Tolling Introduction In Crayton v. Bank of America, 25-3058 (10th Cir. June 3, 2025), the United States Court of...
Restricting §2241 Habeas Claims for Unauthorized Successive §2254 Petitions: Eaves v. Stancil

Restricting §2241 Habeas Claims for Unauthorized Successive §2254 Petitions: Eaves v. Stancil

Date: Jun 10, 2025
Restricting §2241 Habeas Claims for Unauthorized Successive §2254 Petitions: Eaves v. Stancil Introduction In Eaves v. Stancil, the United States Court of Appeals for the Tenth Circuit denied a...
Miranda Custody Threshold in Law Enforcement Vehicles: A Totality of Circumstances Approach

Miranda Custody Threshold in Law Enforcement Vehicles: A Totality of Circumstances Approach

Date: Jun 10, 2025
Miranda Custody Threshold in Law Enforcement Vehicles: A Totality of Circumstances Approach Introduction The case of United States v. Nahkai presents a nuanced examination of the “custodial...
Limitation on District Court’s Authority to Reduce Federal Mandatory Minimum for Discharged State Sentences

Limitation on District Court’s Authority to Reduce Federal Mandatory Minimum for Discharged State Sentences

Date: Jun 10, 2025
Limitation on District Court’s Authority to Reduce Federal Mandatory Minimum for Discharged State Sentences Introduction United States v. Dion Bell, decided on June 3, 2025, by the Seventh Circuit,...
Reaffirmation of Mens Rea Requirements under 18 U.S.C. § 875(c) in True Threat Prosecutions

Reaffirmation of Mens Rea Requirements under 18 U.S.C. § 875(c) in True Threat Prosecutions

Date: Jun 3, 2025
Reaffirmation of Mens Rea Requirements under 18 U.S.C. § 875(c) in True Threat Prosecutions Introduction In United States v. Bedell, No. 24-1783 (2d Cir. June 2, 2025), the Second Circuit addressed...
Fay v. Barbera: Recognizing Personal §1983 Liability for Gender-Based Disparate Treatment by Supervisory Officials

Fay v. Barbera: Recognizing Personal §1983 Liability for Gender-Based Disparate Treatment by Supervisory Officials

Date: Jun 3, 2025
Fay v. Barbera: Recognizing Personal §1983 Liability for Gender-Based Disparate Treatment by Supervisory Officials Introduction Fay v. Barbera, decided June 2, 2025 by the Second Circuit, clarifies...
“A New Clock for Every Act” – The Supreme Court’s (Non-)Decision in Nicholson v. W. L. York, Inc. and the Reaffirmation of Discrete-Act Accrual Under 42 U.S.C. § 1981

“A New Clock for Every Act” – The Supreme Court’s (Non-)Decision in Nicholson v. W. L. York, Inc. and the Reaffirmation of Discrete-Act Accrual Under 42 U.S.C. § 1981

Date: Jun 3, 2025
“A New Clock for Every Act” – The Supreme Court’s (Non-)Decision in Nicholson v. W. L. York, Inc. and the Reaffirmation of Discrete-Act Accrual Under 42 U.S.C. § 1981 Introduction In Nicholson v. W....
Issuer Repurchases Outside the Reach of Section 16(b): No Short-Swing Liability for Treasury Stock Buybacks

Issuer Repurchases Outside the Reach of Section 16(b): No Short-Swing Liability for Treasury Stock Buybacks

Date: Jun 3, 2025
Issuer Repurchases Outside the Reach of Section 16(b): No Short-Swing Liability for Treasury Stock Buybacks Introduction This commentary examines the Eleventh Circuit’s June 2, 2025 per curiam...
New Precedent: Ohio’s Two-Year Personal-Injury Statute Governs Title IX Claims

New Precedent: Ohio’s Two-Year Personal-Injury Statute Governs Title IX Claims

Date: Jun 3, 2025
New Precedent: Ohio’s Two-Year Personal-Injury Statute Governs Title IX Claims 1. Introduction In Eszter Pryor v. The Ohio State University, No. 24-3812 (6th Cir. Jun. 2, 2025), the Sixth Circuit...
Establishing the Threshold for “Extraordinary Circumstances” Under Younger Abstention in Federal Challenges to Ongoing State Criminal Proceedings

Establishing the Threshold for “Extraordinary Circumstances” Under Younger Abstention in Federal Challenges to Ongoing State Criminal Proceedings

Date: Jun 3, 2025
Establishing the Threshold for “Extraordinary Circumstances” Under Younger Abstention in Federal Challenges to Ongoing State Criminal Proceedings Introduction This commentary examines the Third...
United States v. Lawrence: Affirming District Court Discretion in Crack/Powder Cocaine Sentencing and PSR-Adopted Search Conditions

United States v. Lawrence: Affirming District Court Discretion in Crack/Powder Cocaine Sentencing and PSR-Adopted Search Conditions

Date: Jun 3, 2025
United States v. Lawrence: Affirming District Court Discretion in Crack/Powder Cocaine Sentencing and PSR-Adopted Search Conditions Introduction In United States v. Lawrence (2d Cir. June 2, 2025),...
Core Fiduciary Duty and Harmless-Error Review in Honest-Services Wire Fraud: United States v. Pullman (1st Cir. 2025)

Core Fiduciary Duty and Harmless-Error Review in Honest-Services Wire Fraud: United States v. Pullman (1st Cir. 2025)

Date: Jun 3, 2025
Core Fiduciary Duty and Harmless-Error Review in Honest-Services Wire Fraud: United States v. Pullman (1st Cir. 2025) Introduction United States v. Pullman is a consolidated appeal of two related...
Congress’s Authority to Disarm Felons Upheld: Eleventh Circuit Reaffirms § 922(g)(1) Post-Rahimi Remand

Congress’s Authority to Disarm Felons Upheld: Eleventh Circuit Reaffirms § 922(g)(1) Post-Rahimi Remand

Date: Jun 3, 2025
Congress’s Authority to Disarm Felons Upheld: Eleventh Circuit Reaffirms § 922(g)(1) Post-Rahimi Remand 1. Introduction In United States v. André Michael Dubois (11th Cir. June 2, 2025), the Eleventh...
Scope of Liability Limitations in Sale of Goods: Direct versus Consequential Damages

Scope of Liability Limitations in Sale of Goods: Direct versus Consequential Damages

Date: Jun 3, 2025
Scope of Liability Limitations in Sale of Goods: Direct versus Consequential Damages Introduction This commentary examines the Eleventh Circuit’s decision in Sweet Additions Ingredient Processors,...
United States v. Ray: Permissible Coercive Control Expert Testimony and Reinforced RICO Enterprise Doctrine

United States v. Ray: Permissible Coercive Control Expert Testimony and Reinforced RICO Enterprise Doctrine

Date: Jun 3, 2025
United States v. Ray: Permissible Coercive Control Expert Testimony and Reinforced RICO Enterprise Doctrine Introduction In United States v. Ray, 23-6114-cr (2d Cir. June 2, 2025), the Second Circuit...
O'Neill v. Newburgh: Reinforcing the Comparator Requirement in Title VII Disparate Treatment Claims

O'Neill v. Newburgh: Reinforcing the Comparator Requirement in Title VII Disparate Treatment Claims

Date: Jun 3, 2025
O'Neill v. Newburgh: Reinforcing the Comparator Requirement in Title VII Disparate Treatment Claims Introduction In O’Neill v. Newburgh Enlarged City School District, the Second Circuit reviewed a...
Duty of Complete Disclosure in Securities Offers: Material Omissions and Loss Causation Affirmed

Duty of Complete Disclosure in Securities Offers: Material Omissions and Loss Causation Affirmed

Date: Jun 3, 2025
Duty of Complete Disclosure in Securities Offers: Material Omissions and Loss Causation Affirmed Introduction In Maher v. Global Factors, LLC, the United States Court of Appeals for the Second...
Strict Adherence to 21 U.S.C. § 851: Predicate‐Conviction Notice Rule and Its Mandatory Enforcement

Strict Adherence to 21 U.S.C. § 851: Predicate‐Conviction Notice Rule and Its Mandatory Enforcement

Date: Jun 3, 2025
Strict Adherence to 21 U.S.C. § 851: Predicate-Conviction Notice Rule and Its Mandatory Enforcement 1. Introduction United States v. Thomas Wilkinson, IV is a Seventh Circuit decision clarifying the...
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