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Clarifying the Timeliness of FAA Confirmation Petitions after Limited Remand – Subway Int’l B.V. v. Subway Russia Franchising Co. Introduction The Second Circuit’s summary order in Subway...
Nonretroactive First Step Act Amendments as “Extraordinary and Compelling” Grounds for § 3582(c)(1)(A) Relief Introduction United States v. Cruz-Rivera is a First Circuit decision addressing the...
Refining Williams Act Group Liability and Proxy Misrepresentation Standards in Closed-End Mutual Fund Contests Introduction Tax-Free Fixed Income Fund for Puerto Rico Residents, Inc. and eight...
Limits of Fourth Amendment Protections in Private Automated Hash-Based Monitoring: United States v. Rosenschein Introduction United States v. Rosenschein (10th Cir. 2025) addresses whether...
Scope of “Taking” Under 18 U.S.C. § 2119: No Claim-of-Right Defense in Federal Carjacking Introduction The Tenth Circuit’s decision in United States v. Barnes (No. 22-2147, decided May 12, 2025)...
Confidentiality Instructions and Threats of Business Relocation as Unfair Labor Practices: 3484, Inc. v. NLRB Introduction In 3484, Inc. v. National Labor Relations Board, 10th Cir. (May 12, 2025),...
Non-Content-Based Stalking: Mens Rea Clarification in In Re People v. Crawford (2025 CO 22) Introduction In In Re The People of the State of Colorado v. David Samuel Crawford (2025 CO 22), the...
Application of Homicide Cross-Reference in Felon-in-Possession Sentencing under U.S.S.G. §2K2.1(c)(1)(B) Introduction United States v. McDowell, 5th Cir. No. 24-10292 (May 12, 2025), presents a...
Enforceability of “Any Breach” Carve-Outs in Covenants Not to Sue Introduction In Stony Battery RD Property Owner LLC v. QVC Inc., the Third Circuit addressed the scope and enforceability of a...
Limiting Section 1983 and Title VII Actions: Sovereign Immunity, State-Actor Doctrine, and Res Judicata in Michael Kissell v. Pennsylvania Office of the Budget Introduction In Michael Kissell v....
Expansion of Public Nuisance Liability to Opioid Distribution Introduction City of Huntington and Cabell County Commission v. AmerisourceBergen Drug Corporation is a certified-question appeal before...
Record-Date Shareholders Retain Standing After Sale: The Second Circuit’s Clarification on Personal Rights to Property Dividends in Sabby Volatility Warrant Master Fund Ltd. v. Jupiter Wellness, Inc....
The “Single-Inconsistency” Touchstone: Liu v. Bondi and the Modern Architecture of Adverse-Credibility Review Introduction Liu v. Bondi, No. 23-6623 (2d Cir. May 12, 2025) is a non-precedential...
United States v. Lorquet: Reinforcing the Buckles Framework and the Presumption of Veracity in Plea-Withdrawal Motions I. Introduction In United States v. Andre Lorquet, No. 24-10902 (11th Cir....
Eleventh Circuit Narrows “Right to Record” Doctrine in Government Facilities Comprehensive Commentary on Steven R. DeWitt v. Ceressa Haney, 23-11203 (11th Cir. 2025) Introduction This commentary...
Affirmation of Comprehensive Physician-Patient Privilege for Emergency Treatment Records Introduction In Re Lucas Trenshaw and Theresa Gardner, Personal Representative for the Estate of Timothy...
Judicial Restraint and the Necessity of Factual Foundations in Certified Public Nuisance Questions Introduction This commentary examines Justice Walker’s concurring opinion in City of Huntington and...
Either‐Or Timeliness Rule for Superseding Indictments Under 18 U.S.C. § 3282 Introduction In United States v. Santiago Alirio Gomez Rivera, No. 23-10690 (11th Cir. May 12, 2025), the Eleventh Circuit...
Reaffirmation of the Rehaif Standard: Knowledge of Felony Status Under 18 U.S.C. § 922(g)(1) in United States v. Berris Introduction United States v. Berris, 10th Cir. No. 24-8065 (May 12, 2025),...
Clarifying Threats and Interrogations Under Section 8(a)(1): Employer Predictions vs. Coercive Conduct 1. Introduction In 3484, Inc.; 3486, Inc. v. National Labor Relations Board (10th Cir. May 12,...