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  • Commentaries
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federal Case Commentaries

Clarifying the “Fair and Reasonable” Standard for Attorney Charging Liens Under N.Y. Judiciary Law § 475: Commentary on Rasmy v. Diederich (2d Cir. Dec. 11, 2025)

Clarifying the “Fair and Reasonable” Standard for Attorney Charging Liens Under N.Y. Judiciary Law § 475: Commentary on Rasmy v. Diederich (2d Cir. Dec. 11, 2025)

Date: Dec 12, 2025
Clarifying the “Fair and Reasonable” Standard for Attorney Charging Liens Under N.Y. Judiciary Law § 475: Commentary on Rasmy v. Diederich (2d Cir. Dec. 11, 2025) I. Introduction This Second Circuit...
Enforcing Broad Bankruptcy Settlement Releases and Carve‑Outs: Commentary on Shirley White‑Lett v. The Bank of New York Mellon (11th Cir.)

Enforcing Broad Bankruptcy Settlement Releases and Carve‑Outs: Commentary on Shirley White‑Lett v. The Bank of New York Mellon (11th Cir.)

Date: Dec 12, 2025
Enforcing Broad Bankruptcy Settlement Releases and Carve‑Outs: Commentary on Shirley White‑Lett v. The Bank of New York Mellon I. Introduction This Eleventh Circuit decision arises at the...
Distinct Harms and Double Counting in Child Pornography Sentencing: A Commentary on United States v. Amy Lynn Cook (6th Cir. 2025)

Distinct Harms and Double Counting in Child Pornography Sentencing: A Commentary on United States v. Amy Lynn Cook (6th Cir. 2025)

Date: Dec 12, 2025
Distinct Harms and Double Counting in Child Pornography Sentencing: A Commentary on United States v. Amy Lynn Cook (6th Cir. 2025) I. Introduction The decision in United States v. Amy Lynn Cook, No....
Rule 60(b) Cannot Cure Discovery Omissions: Officer “Participation” and Malicious Prosecution in Sweatt v. Philipp

Rule 60(b) Cannot Cure Discovery Omissions: Officer “Participation” and Malicious Prosecution in Sweatt v. Philipp

Date: Dec 12, 2025
Rule 60(b) Cannot Cure Discovery Omissions: Officer “Participation” and Malicious Prosecution in Sweatt v. Philipp I. Introduction In Derek Sweatt v. Samuel Philipp, No. 25-1339 (6th Cir. Dec. 9,...
United States v. Sims: Post‑Esteras Limits on Revocation Sentencing and the Role of State Sentences and Violation Conduct

United States v. Sims: Post‑Esteras Limits on Revocation Sentencing and the Role of State Sentences and Violation Conduct

Date: Dec 12, 2025
United States v. Sims: Post‑Esteras Limits on Revocation Sentencing and the Role of State Sentences and Violation Conduct I. Introduction The Sixth Circuit’s published decision in United States v....
Town of Vinton v. Indian Harbor: Separate-Contract Endorsements, the New York Convention, and Louisiana’s Ban on Insurance Arbitration

Town of Vinton v. Indian Harbor: Separate-Contract Endorsements, the New York Convention, and Louisiana’s Ban on Insurance Arbitration

Date: Dec 12, 2025
Town of Vinton v. Indian Harbor: Separate-Contract Endorsements, the New York Convention, and Louisiana’s Ban on Insurance Arbitration I. Introduction In Town of Vinton v. Indian Harbor Insurance Co....
United States v. Kirchner: Clarifying Wire-Fraud “Furtherance,” Judicial Questioning, and Abuse‑of‑Trust Enhancements in Integrated Fraud–Money‑Laundering Schemes

United States v. Kirchner: Clarifying Wire-Fraud “Furtherance,” Judicial Questioning, and Abuse‑of‑Trust Enhancements in Integrated Fraud–Money‑Laundering Schemes

Date: Dec 12, 2025
United States v. Kirchner: Clarifying Wire-Fraud “Furtherance,” Judicial Questioning, and Abuse‑of‑Trust Enhancements in Integrated Fraud–Money‑Laundering Schemes I. Introduction In United States v....
Evans v. Garza: No Younger Abstention and a High Bar for Pre‑Enforcement First Amendment Challenges to Texas’s Bathroom‑Privacy Imaging Statute

Evans v. Garza: No Younger Abstention and a High Bar for Pre‑Enforcement First Amendment Challenges to Texas’s Bathroom‑Privacy Imaging Statute

Date: Dec 12, 2025
Evans v. Garza: No Younger Abstention and a High Bar for Pre‑Enforcement First Amendment Challenges to Texas’s Bathroom‑Privacy Imaging Statute I. Introduction In Evans v. Garza, No. 23‑50541 (5th...
Breach of Trust, Treatment Alternatives, and Appellate Deference in Supervised Release Revocations: Commentary on United States v. Steele (4th Cir. 2025)

Breach of Trust, Treatment Alternatives, and Appellate Deference in Supervised Release Revocations: Commentary on United States v. Steele (4th Cir. 2025)

Date: Dec 12, 2025
Breach of Trust, Treatment Alternatives, and Appellate Deference in Supervised Release Revocations: Commentary on United States v. Steele (4th Cir. 2025) I. Introduction The Fourth Circuit’s...
Fourth Circuit Adopts De Novo Review of QDRO Interpretation and Clarifies QJSA Cost Allocation under ERISA: Commentary on David Gasper v. EIDP, Inc.

Fourth Circuit Adopts De Novo Review of QDRO Interpretation and Clarifies QJSA Cost Allocation under ERISA: Commentary on David Gasper v. EIDP, Inc.

Date: Dec 12, 2025
Fourth Circuit Adopts De Novo Review of QDRO Interpretation and Clarifies QJSA Cost Allocation under ERISA Commentary on David Gasper v. EIDP, Inc., No. 24‑1959 (4th Cir. Dec. 8, 2025) I....
Article III Mootness and Rescinded COVID-19 Vaccine Mandates: Commentary on Smith v. President United States of America

Article III Mootness and Rescinded COVID-19 Vaccine Mandates: Commentary on Smith v. President United States of America

Date: Dec 12, 2025
Article III Mootness and Rescinded COVID-19 Vaccine Mandates: A Commentary on Smith v. President United States of America (3d Cir. Dec. 8, 2025) I. Introduction This commentary analyzes the Third...
Reasonable Suspicion Without Known Warrants: United States v. Htoo and the Totality of Circumstances in Gang-Context Stops

Reasonable Suspicion Without Known Warrants: United States v. Htoo and the Totality of Circumstances in Gang-Context Stops

Date: Dec 12, 2025
Reasonable Suspicion Without Known Warrants: United States v. Htoo and the Totality of Circumstances in Gang-Context Stops I. Introduction United States v. Htoo, No. 24-1387 (10th Cir. Dec. 10,...
United States v. Fletcher: Mootness of First Step Act § 404(b) Motions After Denial of Companion Compassionate Release

United States v. Fletcher: Mootness of First Step Act § 404(b) Motions After Denial of Companion Compassionate Release

Date: Dec 12, 2025
United States v. Fletcher: Mootness of First Step Act § 404(b) Motions After Denial of Companion Compassionate Release I. Introduction In United States v. Fletcher, No. 25-6020 (10th Cir. Dec. 10,...
United States v. Sitting Eagle: Limiting Simple Assault as a Lesser-Included Offense and Enforcing Waiver of Trial-Error Claims

United States v. Sitting Eagle: Limiting Simple Assault as a Lesser-Included Offense and Enforcing Waiver of Trial-Error Claims

Date: Dec 12, 2025
United States v. Sitting Eagle: Limiting Simple Assault as a Lesser-Included Offense and Enforcing Waiver of Trial-Error Claims I. Introduction In United States v. Sitting Eagle, No. 24-8068 (10th...
Strict Particular Social Group Standards and Harmless Timeliness Errors in Motions to Reopen: Commentary on Amiryan v. Bondi (10th Cir. 2025)

Strict Particular Social Group Standards and Harmless Timeliness Errors in Motions to Reopen: Commentary on Amiryan v. Bondi (10th Cir. 2025)

Date: Dec 12, 2025
Strict Particular Social Group Standards and Harmless Timeliness Errors in Motions to Reopen: Commentary on Amiryan v. Bondi (10th Cir. 2025) I. Introduction This commentary examines the Tenth...
When Mitigation Aggravates: The Tenth Circuit on Upward Variances, Socioeconomic Status, and Cyberstalking Sentences in United States v. Vega‑Acosta

When Mitigation Aggravates: The Tenth Circuit on Upward Variances, Socioeconomic Status, and Cyberstalking Sentences in United States v. Vega‑Acosta

Date: Dec 12, 2025
When Mitigation Aggravates: The Tenth Circuit on Upward Variances, Socioeconomic Status, and Cyberstalking Sentences in United States v. Vega‑Acosta I. Introduction In United States v. Vega‑Acosta,...
Specific Knowledge and Causation in Prescription‑Drug Involuntary Intoxication: Commentary on United States v. Rainford (10th Cir. 2025)

Specific Knowledge and Causation in Prescription‑Drug Involuntary Intoxication: Commentary on United States v. Rainford (10th Cir. 2025)

Date: Dec 12, 2025
Specific Knowledge and Causation in Prescription‑Drug Involuntary Intoxication: Commentary on United States v. Rainford (10th Cir. 2025) I. Introduction In United States v. Rainford, No. 24‑7022...
Accrual and Pleading‑Stage Statute‑of‑Limitations Defenses in Hybrid Postal Labor Claims: Commentary on McDonald v. United States Postal Service

Accrual and Pleading‑Stage Statute‑of‑Limitations Defenses in Hybrid Postal Labor Claims: Commentary on McDonald v. United States Postal Service

Date: Dec 12, 2025
Accrual and Pleading‑Stage Statute‑of‑Limitations Defenses in Hybrid Postal Labor Claims: Commentary on Maja McDonald v. United States Postal Service & NALC Branch 11 I. Introduction This commentary...
United States v. Sabaini: Indirect Tax Proof, Structuring Liability, and § 1001 Concealment After Thompson

United States v. Sabaini: Indirect Tax Proof, Structuring Liability, and § 1001 Concealment After Thompson

Date: Dec 12, 2025
United States v. Sabaini: Indirect Tax Proof, Structuring Liability, and § 1001 Concealment After Thompson I. Introduction In United States v. Anthony Sabaini, No. 23‑3216 (7th Cir. Dec. 10, 2025),...
Specificity in Pleading Religious Objections to COVID‑19 Vaccines: The Seventh Circuit’s Nonprecedential Guidance in Troogstad v. City of Chicago

Specificity in Pleading Religious Objections to COVID‑19 Vaccines: The Seventh Circuit’s Nonprecedential Guidance in Troogstad v. City of Chicago

Date: Dec 11, 2025
Specificity in Pleading Religious Objections to COVID‑19 Vaccines: The Seventh Circuit’s Nonprecedential Guidance in Troogstad v. City of Chicago I. Introduction The Seventh Circuit’s nonprecedential...
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