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  • Commentaries
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federal Case Commentaries

Judicial Finding Required Before Admission of Withdrawn Plea Statements

Judicial Finding Required Before Admission of Withdrawn Plea Statements

Date: May 20, 2025
Judicial Finding Required Before Admission of Withdrawn Plea Statements Introduction United States v. Wilson (10th Cir. May 19, 2025) addresses whether a federal defendant’s withdrawn guilty-plea...
Waiver of As-Applied Free Exercise Claims in Successive Appeals: Lukaszczyk v. Cook County

Waiver of As-Applied Free Exercise Claims in Successive Appeals: Lukaszczyk v. Cook County

Date: May 20, 2025
Waiver of As-Applied Free Exercise Claims in Successive Appeals: Lukaszczyk v. Cook County Introduction In Barbara Lukaszczyk et al. v. Cook County, Illinois, the Seventh Circuit addressed whether...
Contract Formation by Conduct in the Battle of the Forms: BorgWarner PDS Irapuato v. Parker Hannifin Corp.

Contract Formation by Conduct in the Battle of the Forms: BorgWarner PDS Irapuato v. Parker Hannifin Corp.

Date: May 20, 2025
Contract Formation by Conduct in the Battle of the Forms BorgWarner PDS Irapuato S. de R.L. de C.V. v. Parker Hannifin Corp. Introduction This case arises from a supply-contract dispute between...
Defining “Reasonable Time” For Rule 60(b)(6) Motions in Capital Habeas Cases: Ritchie v. Neal

Defining “Reasonable Time” For Rule 60(b)(6) Motions in Capital Habeas Cases: Ritchie v. Neal

Date: May 19, 2025
Defining “Reasonable Time” For Rule 60(b)(6) Motions in Capital Habeas Cases: Ritchie v. Neal Introduction Benjamin Ritchie v. Ron Neal presents a late-stage attempt by a death-row inmate to reopen...
“Reasonable Notice to Seek Habeas Relief” – The Supreme Court’s New Due-Process Standard for Alien Enemies Act Removals

“Reasonable Notice to Seek Habeas Relief” – The Supreme Court’s New Due-Process Standard for Alien Enemies Act Removals

Date: May 17, 2025
“Reasonable Notice to Seek Habeas Relief” – The Supreme Court’s New Due-Process Standard for Alien Enemies Act Removals Introduction A.A.R.P. v. Trump, 605 U.S. ___ (2025), marks the Supreme Court’s...
Tactical Waiver of Post-Plea Challenges Based on Intervening Precedent Bars Appellate Review

Tactical Waiver of Post-Plea Challenges Based on Intervening Precedent Bars Appellate Review

Date: May 17, 2025
Tactical Waiver of Post-Plea Challenges Based on Intervening Precedent Bars Appellate Review 1. Introduction United States v. Ray is a Second Circuit summary order issued on May 16, 2025. The...
Prohibition Against Delegation of Device Restrictions to Probation: United States v. Mayhew

Prohibition Against Delegation of Device Restrictions to Probation: United States v. Mayhew

Date: May 17, 2025
Prohibition Against Delegation of Device Restrictions to Probation: United States v. Mayhew Introduction In United States v. Mayhew, 22-1704-cr (2d Cir. May 16, 2025), Michael Mayhew pled guilty to...
United States v. Bimbow: Clarifying Probable Cause for the Automobile Exception and Independent Source Doctrine

United States v. Bimbow: Clarifying Probable Cause for the Automobile Exception and Independent Source Doctrine

Date: May 17, 2025
United States v. Bimbow: Clarifying Probable Cause for the Automobile Exception and Independent Source Doctrine Introduction In United States v. Bimbow (2d Cir. May 16, 2025), the Second Circuit...
Clarification of Interlocutory Appeal Jurisdiction and Standards for Preliminary Injunctions and Anonymity Motions in Prisoners’ §1983 Actions

Clarification of Interlocutory Appeal Jurisdiction and Standards for Preliminary Injunctions and Anonymity Motions in Prisoners’ §1983 Actions

Date: May 17, 2025
Clarification of Interlocutory Appeal Jurisdiction and Standards for Preliminary Injunctions and Anonymity Motions in Prisoners’ §1983 Actions Introduction In Sloley v. NYS DOCCS, 24-662-cv (2d Cir....
Reaffirming the Rigorous Application of Adverse Credibility Standards under 8 U.S.C. §1158(b)(1)(B)(iii)

Reaffirming the Rigorous Application of Adverse Credibility Standards under 8 U.S.C. §1158(b)(1)(B)(iii)

Date: May 17, 2025
Reaffirming the Rigorous Application of Adverse Credibility Standards under 8 U.S.C. §1158(b)(1)(B)(iii) Introduction Singh v. Bondi, 23-6358 (2d Cir. May 16, 2025) presents the petition for review...
Affirmation of the PSLRA Safe Harbor and Rigorous Scienter Standards in Securities Litigation

Affirmation of the PSLRA Safe Harbor and Rigorous Scienter Standards in Securities Litigation

Date: May 17, 2025
Affirmation of the PSLRA Safe Harbor and Rigorous Scienter Standards in Securities Litigation Introduction In Mangrove Partners Fund, Ltd. v. Bristol-Myers Squibb Co., 24-826 (2d Cir. May 16, 2025),...
Eleventh Circuit Holds State Custody of Unclaimed Property May Constitute a Per Se Fifth Amendment Taking

Eleventh Circuit Holds State Custody of Unclaimed Property May Constitute a Per Se Fifth Amendment Taking

Date: May 17, 2025
Eleventh Circuit Holds State Custody of Unclaimed Property May Constitute a Per Se Fifth Amendment Taking Introduction In Alieda Maron v. Chief Financial Officer of Florida (No. 23-13178, 11th Cir....
Enforcement of Appellate Waivers Under Rule 11(b)(1)(N): United States v. Landa

Enforcement of Appellate Waivers Under Rule 11(b)(1)(N): United States v. Landa

Date: May 17, 2025
Enforcement of Appellate Waivers Under Rule 11(b)(1)(N): United States v. Landa Introduction The Second Circuit’s summary order in United States v. Landa, No. 24-1307-cr (2d Cir. May 16, 2025),...
Inquiry Notice and Reasonable Diligence Under CPLR 213(8): Poulard v. Delphin

Inquiry Notice and Reasonable Diligence Under CPLR 213(8): Poulard v. Delphin

Date: May 17, 2025
Inquiry Notice and Reasonable Diligence Under CPLR 213(8): Poulard v. Delphin Introduction Poulard v. Delphin is a summary order issued by the United States Court of Appeals for the Second Circuit on...
Limiting ADA Waivers of High School Sports Eligibility: But-For Causation and Fundamental Alteration in Doe v. Rhode Island Interscholastic League

Limiting ADA Waivers of High School Sports Eligibility: But-For Causation and Fundamental Alteration in Doe v. Rhode Island Interscholastic League

Date: May 17, 2025
Limiting ADA Waivers of High School Sports Eligibility: But-For Causation and Fundamental Alteration in Doe v. Rhode Island Interscholastic League Introduction The First Circuit’s decision in Doe v....
Bona Fide Claim Requirement under 26 U.S.C. §2053(a)(3) Reinforced: Estate of Spizzirri v. Commissioner

Bona Fide Claim Requirement under 26 U.S.C. §2053(a)(3) Reinforced: Estate of Spizzirri v. Commissioner

Date: May 17, 2025
Bona Fide Claim Requirement under 26 U.S.C. §2053(a)(3) Reinforced: Estate of Spizzirri v. Commissioner 1. Introduction Estate of Richard D. Spizzirri v. Commissioner of Internal Revenue, decided on...
Substantial Evidence, Supportability, and Appeals Council Review: Clarifications from Wickham v. Commissioner of Social Security

Substantial Evidence, Supportability, and Appeals Council Review: Clarifications from Wickham v. Commissioner of Social Security

Date: May 17, 2025
Substantial Evidence, Supportability, and Appeals Council Review: Clarifications from Wickham v. Commissioner of Social Security Introduction In Wickham v. Commissioner of Social Security, 24-2045...
Reaffirmation of the Pretext Standard and Alignment of McDonnell Douglas and Ortiz Frameworks Under Title VII

Reaffirmation of the Pretext Standard and Alignment of McDonnell Douglas and Ortiz Frameworks Under Title VII

Date: May 17, 2025
Reaffirmation of the Pretext Standard and Alignment of McDonnell Douglas and Ortiz Frameworks Under Title VII Introduction In James Napier v. Orchard School Foundation (7th Cir. No. 23-1659, decided...
Permissible Rehabilitation References in Supervised‐Release Revocation Sentencing

Permissible Rehabilitation References in Supervised‐Release Revocation Sentencing

Date: May 17, 2025
Permissible Rehabilitation References in Supervised‐Release Revocation Sentencing Introduction This commentary examines the Sixth Circuit’s May 16, 2025 decision in United States v. Dominique Jamar...
Clarifying Discretion and Bad Faith Requirements for Trade Secrets Fee Awards under DTSA and OUTSA

Clarifying Discretion and Bad Faith Requirements for Trade Secrets Fee Awards under DTSA and OUTSA

Date: May 17, 2025
Clarifying Discretion and Bad Faith Requirements for Trade Secrets Fee Awards under DTSA and OUTSA Introduction This commentary examines the Sixth Circuit’s decision in Shepard & Assocs., Inc. v....
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