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  • Commentaries
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federal Case Commentaries

Statute of Limitations and Immunity Shields in Civil Rights Actions: Sexton v. New Jersey Department of Corrections

Statute of Limitations and Immunity Shields in Civil Rights Actions: Sexton v. New Jersey Department of Corrections

Date: May 24, 2025
Statute of Limitations and Immunity Shields in Civil Rights Actions: Sexton v. New Jersey Department of Corrections Introduction Carmen A. Sexton v. New Jersey Department of Corrections, decided May...
Limitation of Florida’s Neutral Reporting Privilege and Clarification of Pre-Suit Notice Requirements: Rendón Delgado v. Bloomberg (11th Cir. 2025)

Limitation of Florida’s Neutral Reporting Privilege and Clarification of Pre-Suit Notice Requirements: Rendón Delgado v. Bloomberg (11th Cir. 2025)

Date: May 24, 2025
Limitation of Florida’s Neutral Reporting Privilege and Clarification of Pre-Suit Notice Requirements: Rendón Delgado v. Bloomberg (11th Cir. 2025) Introduction Juan José Rendón Delgado, a...
Appellate Review of Remand Orders Under Section 1443 Removal: The Exception-to-the-Exception Rule

Appellate Review of Remand Orders Under Section 1443 Removal: The Exception-to-the-Exception Rule

Date: May 24, 2025
Appellate Review of Remand Orders Under Section 1443 Removal: The Exception-to-the-Exception Rule Introduction Goshen Mortgage, as Separate Trustee for GDBT 1 Trust 2011-1, and Red Stick...
Scope of Physical‐Restraint and Planning Enhancements under U.S.S.G. §§3A1.3 & 2A2.2(b)(1): United States v. Rivas

Scope of Physical‐Restraint and Planning Enhancements under U.S.S.G. §§3A1.3 & 2A2.2(b)(1): United States v. Rivas

Date: May 24, 2025
Scope of Physical‐Restraint and Planning Enhancements under U.S.S.G. §§3A1.3 & 2A2.2(b)(1) Introduction The Second Circuit’s summary order in United States v. Rivas, No. 24‐1312‐cr (2d Cir. May 23,...
Affirmation of the Co-Conspirator Hearsay Exception and Venue Principles in Continuing Racketeering Offenses

Affirmation of the Co-Conspirator Hearsay Exception and Venue Principles in Continuing Racketeering Offenses

Date: May 24, 2025
Affirmation of the Co-Conspirator Hearsay Exception and Venue Principles in Continuing Racketeering Offenses Introduction In United States v. Garcia (2d Cir. May 23, 2025), the Second Circuit...
Clarifying Standing and Pleading Thresholds in § 1983 Equal Protection Claims: Bergnes v. Zayas

Clarifying Standing and Pleading Thresholds in § 1983 Equal Protection Claims: Bergnes v. Zayas

Date: May 24, 2025
Clarifying Standing and Pleading Thresholds in § 1983 Equal Protection Claims: Bergnes v. Zayas Introduction In Bergnes v. Zayas, 24-2434 (2d Cir. May 23, 2025), the United States Court of Appeals...
Assignment Authority and Independent Judgment Establish Supervisory Status Under Section 2(11) of the NLRA

Assignment Authority and Independent Judgment Establish Supervisory Status Under Section 2(11) of the NLRA

Date: May 24, 2025
Assignment Authority and Independent Judgment Establish Supervisory Status Under Section 2(11) of the NLRA Introduction Northeastern University v. National Labor Relations Board, 1st Cir. No....
Assignment Authority and Independent Judgment as Determinative of Supervisory Status under the NLRA – NLRB v. Northeastern University

Assignment Authority and Independent Judgment as Determinative of Supervisory Status under the NLRA – NLRB v. Northeastern University

Date: May 24, 2025
Assignment Authority and Independent Judgment as Determinative of Supervisory Status under the NLRA Introduction The consolidated appeals in NLRB v. Northeastern University (First Cir. 2025) address...
Becky’s Broncos v. Nantucket: Endorsing Medallion Caps Under Dormant Commerce Clause, Antitrust and Due Process Review

Becky’s Broncos v. Nantucket: Endorsing Medallion Caps Under Dormant Commerce Clause, Antitrust and Due Process Review

Date: May 24, 2025
Becky’s Broncos v. Town of Nantucket: Endorsing Medallion Caps Under Dormant Commerce Clause, Antitrust and Due Process Review Introduction Becky’s Broncos, LLC—operated by James Broad and Rebecca...
Florida’s Borrowing Statute and the Restatement’s “Most Significant Relationship” in Multistate Defamation

Florida’s Borrowing Statute and the Restatement’s “Most Significant Relationship” in Multistate Defamation

Date: May 24, 2025
Florida’s Borrowing Statute and the Restatement’s “Most Significant Relationship” in Multistate Defamation Introduction The Eleventh Circuit’s May 23, 2025 decision in John P. Middleton v. The...
Defining the Boundaries of Rule 8 Pleading Requirements and Prosecutorial Immunity in §1983 Actions: Gottorff v. Michelich

Defining the Boundaries of Rule 8 Pleading Requirements and Prosecutorial Immunity in §1983 Actions: Gottorff v. Michelich

Date: May 24, 2025
Defining the Boundaries of Rule 8 Pleading Requirements and Prosecutorial Immunity in §1983 Actions: Gottorff v. Michelich Introduction Gottorff v. Michelich, decided May 23, 2025 by the Tenth...
Eleventh Circuit Establishes Sufficiency of Employer-Produced Records and Employee Averages in FLSA Overtime Claims

Eleventh Circuit Establishes Sufficiency of Employer-Produced Records and Employee Averages in FLSA Overtime Claims

Date: May 24, 2025
Eleventh Circuit Establishes Sufficiency of Employer-Produced Records and Employee Averages in FLSA Overtime Claims Introduction This commentary examines the Eleventh Circuitʼs per curiam opinion in...
Refusal to Cooperate Cannot Warrant Upward Sentencing Variance: Continued Vitality of Stratton in the Second Circuit

Refusal to Cooperate Cannot Warrant Upward Sentencing Variance: Continued Vitality of Stratton in the Second Circuit

Date: May 24, 2025
Refusal to Cooperate Cannot Warrant Upward Sentencing Variance: Continued Vitality of Stratton in the Second Circuit Introduction This commentary examines the United States Court of Appeals for the...
Extending Pinkerton Liability: Reasonable Foreseeability of a Co-Conspirator’s Discharged Firearm in Drug-Trafficking Conspiracies

Extending Pinkerton Liability: Reasonable Foreseeability of a Co-Conspirator’s Discharged Firearm in Drug-Trafficking Conspiracies

Date: May 24, 2025
Extending Pinkerton Liability: Reasonable Foreseeability of a Co-Conspirator’s Discharged Firearm in Drug-Trafficking Conspiracies 1. Introduction United States v. Basilici, 23-1456 (1st Cir. May 23,...
Extending Constructive Trusts Through Controlled Entities: Ruff v. Destination Development Partners

Extending Constructive Trusts Through Controlled Entities: Ruff v. Destination Development Partners

Date: May 24, 2025
Extending Constructive Trusts Through Controlled Entities: Ruff v. Destination Development Partners Introduction Ruff v. Destination Development Partners, decided May 23, 2025 by the Fifth Circuit,...
Finality and Deference in ADA Termination Appeals: Conner v. Noxubee County

Finality and Deference in ADA Termination Appeals: Conner v. Noxubee County

Date: May 24, 2025
Finality and Deference in ADA Termination Appeals: Conner v. Noxubee County Introduction Conner v. Noxubee County Board of Supervisors, decided May 23, 2025 by the Fifth Circuit Court of Appeals (No....
Tieqiao (Tim) Zhang v. Emory University: Foreseeability and Special-Relationship Limits on University Liability for Student Suicide

Tieqiao (Tim) Zhang v. Emory University: Foreseeability and Special-Relationship Limits on University Liability for Student Suicide

Date: May 24, 2025
Tieqiao (Tim) Zhang v. Emory University: Foreseeability and Special-Relationship Limits on University Liability for Student Suicide Introduction In Tieqiao (Tim) Zhang v. Emory University, No....
FLSA Overtime Claims: Employer Record-Keeping Obligations and Employee Burden for Evidence

FLSA Overtime Claims: Employer Record-Keeping Obligations and Employee Burden for Evidence

Date: May 24, 2025
FLSA Overtime Claims: Employer Record-Keeping Obligations and Employee Burden for Evidence Introduction In Sydney Marie Keefe v. Britt’s Bow Wow Boutique, Inc., the United States Court of Appeals for...
Treasury-Share Exception to Section 16(b): Excluding Issuer Repurchases from Short-Swing Profit Liability

Treasury-Share Exception to Section 16(b): Excluding Issuer Repurchases from Short-Swing Profit Liability

Date: May 24, 2025
Treasury-Share Exception to Section 16(b): Excluding Issuer Repurchases from Short-Swing Profit Liability 1. Introduction This commentary examines the new rule established by the Second Circuit in...
Prohibition of Sua Sponte Fair Use Defense Against Defaulting Defendants: Second Circuit Clarification in Romanova v. Amilus Inc.

Prohibition of Sua Sponte Fair Use Defense Against Defaulting Defendants: Second Circuit Clarification in Romanova v. Amilus Inc.

Date: May 24, 2025
Prohibition of Sua Sponte Fair Use Defense Against Defaulting Defendants: Second Circuit Clarification in Romanova v. Amilus Inc. Introduction Romanova v. Amilus Inc. is a 2025 Second Circuit...
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