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Rigorous Pleading Standards for Partnership Formation and Related Tort Claims Under Rule 12(b)(6) Introduction In Peykoff v. Cawley, the Fifth Circuit confronted a diversity suit arising from a...
Supervisory Liability and Qualified Immunity: The Need for On-Point Precedent in Excessive-Force Claims Introduction In Dennis v. Pazen, 10th Cir. No. 23-1313 (May 13, 2025), the United States Court...
Ensuring Complete Diversity: Fifth Circuit’s Remand for Jurisdictional Clarity in All About Property v. Midland Mortgage Introduction In All About Property, L.L.C. v. Midland Mortgage, No. 24-20092...
Permissible Use of Deadly Force Against a Threatening Vehicle Introduction In Jessica Servais v. John Caccia, 23-2565 (3d Cir. May 13, 2025), the Third Circuit addressed whether a law enforcement...
AEDPA Shields Partial Courtroom Closures Absent Objection: No Clearly Established Requirement to Apply Waller to Partial Closures or to Demand a Knowing Waiver for Non‑Objected Public‑Trial Claims...
United States v. Christner: Plain–Error Review Governs Unobjected § 3553(c) Errors and a Single Statement Suffices for Both Custodial and Supervised-Release Terms 1. Introduction In United States v....
Extending the Good-Faith Exception to Warrantless Probation Searches Pre-Oliveras: A Commentary on United States v. Kurzajczyk (2d Cir. 2025) 1. Introduction The Second Circuit’s summary order in...
Tucker v. Commissioner of Social Security — The Second Circuit’s Refined Approach to Harmless Error under the Treating-Physician Rule Introduction The Second Circuit’s summary order in Tucker v....
Clarifying “Social Distinction” in Asylum Law: Ramirez-Gomez v. Bondi and the Limits of Gang-Resistance Social Groups Introduction Ramirez-Gomez v. Bondi, decided by the United States Court of...
“Stigma Is Not Persecution” – The Second Circuit’s Clarification of Medical-Disability Claims in Removal Proceedings 1. Introduction In Dukuray Jawara v. Bondi, No. 22-6552-ag (2d Cir. May 13, 2025),...
Retaliation for Accommodation Requests: Clarifying Employer Liability under M.G.L. c. 151B Introduction The First Circuit’s decision in Moore v. Industrial Demolition LLC, 23-1697 & 23-1703 (1st Cir....
Statutory Mootness Under 11 U.S.C. § 363(m) Bars Post-Confirmation Attacks on Non-Consensual Third-Party Releases Introduction In In re Boy Scouts of America and Delaware BSA, LLC, the Third Circuit...
Statutory and Equitable Mootness under Section 363(m): Insulating Chapter 11 Plan Sales from Appeal and the Limits on Third-Party Releases Introduction In In re Boy Scouts of America and Delaware...
Finality of § 363(b) Sales and the Limits on Non-Consensual Third-Party Releases in Chapter 11 Plans Introduction This commentary examines the Third Circuit’s May 13, 2025 decision in In re Boy...
Statutory Mootness Under §363(m): Limiting Challenges to Plan-Incorporated §363 Sales Introduction This appeal arises from the confirmation of the Chapter 11 Plan of Reorganization for Boy Scouts of...
Plea-Based Admissions & Forfeiture Figures as Clear-and-Convincing Proof of the $10,000 Loss Threshold Commentary on Roman Goltiescu v. U.S. Attorney General, 24-12552 (11th Cir. May 13 2025) 1....
“One Central Reason” Confirmed as the Nexus Standard for Both Asylum and Withholding-of-Removal in the Eleventh Circuit Commentary on Carlos Cordova-Garcia v. U.S. Attorney General, 20-11123 (11th...
Exclusive Remedy for Automatic Stay Violations Does Not Preclude §6503(h)(2) Tolling of Tax Penalty Collections Introduction The Second Circuit’s May 13, 2025 summary order in United States v....
Presumption Not Warranted: Prejudice Requirement for Statutory Maximum Errors in Sentencing Introduction This commentary examines the Tenth Circuit’s decision in United States v. Calderon-Padilla,...
Competent Summary-Judgment Evidence of Qualification Required in §1981 Failure-to-Promote Claims Introduction Fry v. City of Hernando, 5th Cir. No. 24-60532 (May 13, 2025), presents a dispute between...