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federal Case Commentaries

Statutory Mootness Under §363(m): Limiting Challenges to Plan-Incorporated §363 Sales

Statutory Mootness Under §363(m): Limiting Challenges to Plan-Incorporated §363 Sales

Date: May 14, 2025
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...
Extending the Good-Faith Exception to Warrantless Probation Searches Pre-Oliveras: A Commentary on United States v. Kurzajczyk (2d Cir. 2025)

Extending the Good-Faith Exception to Warrantless Probation Searches Pre-Oliveras: A Commentary on United States v. Kurzajczyk (2d Cir. 2025)

Date: May 14, 2025
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

Tucker v. Commissioner of Social Security — The Second Circuit’s Refined Approach to Harmless Error under the Treating-Physician Rule

Date: May 14, 2025
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

Clarifying “Social Distinction” in Asylum Law: Ramirez-Gomez v. Bondi and the Limits of Gang-Resistance Social Groups

Date: May 14, 2025
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

“Stigma Is Not Persecution” – The Second Circuit’s Clarification of Medical-Disability Claims in Removal Proceedings

Date: May 14, 2025
“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

Retaliation for Accommodation Requests: Clarifying Employer Liability under M.G.L. c. 151B

Date: May 14, 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

Statutory Mootness Under 11 U.S.C. § 363(m) Bars Post-Confirmation Attacks on Non-Consensual Third-Party Releases

Date: May 14, 2025
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

Statutory and Equitable Mootness under Section 363(m): Insulating Chapter 11 Plan Sales from Appeal and the Limits on Third-Party Releases

Date: May 14, 2025
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...
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 (11th Cir. 2025)

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 (11th Cir. 2025)

Date: May 14, 2025
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 (2025)

“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 (2025)

Date: May 14, 2025
“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

Exclusive Remedy for Automatic Stay Violations Does Not Preclude §6503(h)(2) Tolling of Tax Penalty Collections

Date: May 14, 2025
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

Presumption Not Warranted: Prejudice Requirement for Statutory Maximum Errors in Sentencing

Date: May 14, 2025
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

Competent Summary-Judgment Evidence of Qualification Required in §1981 Failure-to-Promote Claims

Date: May 14, 2025
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...
Delaware’s Director-by-Director Demand Futility Standard in Shareholder Derivative Suits: Ezell v. Dinges

Delaware’s Director-by-Director Demand Futility Standard in Shareholder Derivative Suits: Ezell v. Dinges

Date: May 14, 2025
Delaware’s Director-by-Director Demand Futility Standard in Shareholder Derivative Suits: Ezell v. Dinges Introduction Ezell v. Dinges, 24-20050 (5th Cir. May 13, 2025), arises from a derivative...
Statutory Finality of § 363 Sales and Limits on Nonconsensual Releases in Chapter 11: In re Boy Scouts of America and Delaware BSA, LLC

Statutory Finality of § 363 Sales and Limits on Nonconsensual Releases in Chapter 11: In re Boy Scouts of America and Delaware BSA, LLC

Date: May 14, 2025
Statutory Finality of § 363 Sales and Limits on Nonconsensual Releases in Chapter 11: In re Boy Scouts of America and Delaware BSA, LLC Introduction In May 2025, a divided Third Circuit issued a...
Section 363(m) Finality and Non-Consensual Third-Party Releases: Boy Scouts Chapter 11 Plan Decision

Section 363(m) Finality and Non-Consensual Third-Party Releases: Boy Scouts Chapter 11 Plan Decision

Date: May 14, 2025
Section 363(m) Finality and Non-Consensual Third-Party Releases: Boy Scouts Chapter 11 Plan Decision Introduction In In re Boy Scouts of America and Delaware BSA, LLC, the Third Circuit addressed...
Bankruptcy §363(m) Reins in Challenges to Non-Consensual Third-Party Releases: Commentary on Boy Scouts of America Appeals

Bankruptcy §363(m) Reins in Challenges to Non-Consensual Third-Party Releases: Commentary on Boy Scouts of America Appeals

Date: May 14, 2025
Bankruptcy §363(m) Reins in Challenges to Non-Consensual Third-Party Releases: Commentary on Boy Scouts of America Appeals Introduction The Boy Scouts of America and Delaware BSA, LLC filed Chapter...
Statutory Finality of Bankruptcy Sales Under Section 363(m): Boy Scouts Insurance Trust Confirmation

Statutory Finality of Bankruptcy Sales Under Section 363(m): Boy Scouts Insurance Trust Confirmation

Date: May 14, 2025
Statutory Finality of Non-Stayed §363(b) Sales: Boy Scouts Appellate Commentary Introduction In May 2025 the Third Circuit issued a precedential opinion in the consolidated appeals arising from the...
Shared-Device CSAM Cases: Password-Protected Account, GUID, and P2P Auto‑Downloads Sustain Conviction on “Manifest Miscarriage” Review — United States v. Frater (6th Cir. 2025)

Shared-Device CSAM Cases: Password-Protected Account, GUID, and P2P Auto‑Downloads Sustain Conviction on “Manifest Miscarriage” Review — United States v. Frater (6th Cir. 2025)

Date: May 14, 2025
Shared-Device CSAM Cases: Password-Protected Account, GUID, and P2P Auto‑Downloads Sustain Conviction on “Manifest Miscarriage” Review — United States v. Frater (6th Cir. 2025) Introduction In United...
Knowledge of Unspecified Unlawful Activity Sufficient for Money Laundering Under 18 U.S.C. § 1956(a)(1)(B)(i)

Knowledge of Unspecified Unlawful Activity Sufficient for Money Laundering Under 18 U.S.C. § 1956(a)(1)(B)(i)

Date: May 14, 2025
Knowledge of Unspecified Unlawful Activity Sufficient for Money Laundering Under 18 U.S.C. § 1956(a)(1)(B)(i) Introduction United States v. Arturs Spila, No. 23-13913 (11th Cir. May 13, 2025),...
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