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new-precedent-on... Case Commentaries

EFTA’s Bona Fide Error Defense Reaches Factual Investigation Errors and Shields § 1693f/§ 1693g Claims Brought via § 1693m (Second Circuit Summary Order)

EFTA’s Bona Fide Error Defense Reaches Factual Investigation Errors and Shields § 1693f/§ 1693g Claims Brought via § 1693m (Second Circuit Summary Order)

Date: Nov 16, 2025
EFTA’s Bona Fide Error Defense Reaches Factual Investigation Errors and Shields § 1693f/§ 1693g Claims Brought via § 1693m (Second Circuit Summary Order) Case: Sari E. Newman v. JPMorgan Chase Bank,...
United States v. Langhorne (2d Cir. 2025): Summary Order Reaffirming Sufficiency Standards, Harmless-Error Disposition of Unpreserved Rule 702 Challenge, Confrontation Clause Limits on Cross-Examination, and Strickland Prejudice; Sentencing Appeal Moot After Release

United States v. Langhorne (2d Cir. 2025): Summary Order Reaffirming Sufficiency Standards, Harmless-Error Disposition of Unpreserved Rule 702 Challenge, Confrontation Clause Limits on Cross-Examination, and Strickland Prejudice; Sentencing Appeal Moot After Release

Date: Nov 16, 2025
United States v. Langhorne (2d Cir. 2025): Summary Order Reaffirming Sufficiency Standards, Harmless-Error Disposition of Unpreserved Rule 702 Challenge, Confrontation Clause Limits on...
PSR Notice and “Self‑Evident” Rationales Sustain Discretionary Supervised‑Release Conditions on Plain‑Error Review: Commentary on United States v. Oliva (2d Cir. 2025)

PSR Notice and “Self‑Evident” Rationales Sustain Discretionary Supervised‑Release Conditions on Plain‑Error Review: Commentary on United States v. Oliva (2d Cir. 2025)

Date: Nov 16, 2025
PSR Notice and “Self‑Evident” Rationales Sustain Discretionary Supervised‑Release Conditions on Plain‑Error Review: Commentary on United States v. Oliva (2d Cir. 2025) Introduction In United States...

      Materialized Risks Must Be Disclosed—Second Circuit Vacates Dismissal of Securities Act Claims and Confirms Rule 8 Pleading for Negligence-Based Section 11/12 Claims (Van v. Bright Health Group, Inc.)

Materialized Risks Must Be Disclosed—Second Circuit Vacates Dismissal of Securities Act Claims and Confirms Rule 8 Pleading for Negligence-Based Section 11/12 Claims (Van v. Bright Health Group, Inc.)

Date: Nov 16, 2025
Materialized Risks Must Be Disclosed—Second Circuit Vacates Dismissal of Securities Act Claims and Confirms Rule 8 Pleading for Negligence-Based Section 11/12 Claims (Van v. Bright Health Group,...
Marketing-Triggered Age Restrictions on Dietary Supplements Survive Central Hudson and Avoid FDCA Preemption: Second Circuit Affirms Denial of Preliminary Injunction in CRN v. James

Marketing-Triggered Age Restrictions on Dietary Supplements Survive Central Hudson and Avoid FDCA Preemption: Second Circuit Affirms Denial of Preliminary Injunction in CRN v. James

Date: Nov 16, 2025
Marketing-Triggered Age Restrictions on Dietary Supplements Survive Central Hudson and Avoid FDCA Preemption: Second Circuit Affirms Denial of Preliminary Injunction in CRN v. James Introduction This...
Paused-Clock Timeliness After Reopening and Strict Pleading Standards in Meme-Stock RICO/Antitrust Suits: Donnahue George v. Ken Griffin (11th Cir. 2025)

Paused-Clock Timeliness After Reopening and Strict Pleading Standards in Meme-Stock RICO/Antitrust Suits: Donnahue George v. Ken Griffin (11th Cir. 2025)

Date: Nov 16, 2025
Paused-Clock Timeliness After Reopening and Strict Pleading Standards in Meme-Stock RICO/Antitrust Suits: Donnahue George v. Ken Griffin (11th Cir. 2025) Introduction In an unpublished, per curiam...
Community-Protection Inferences from Repeated Drug Use Permissibly Support Revocation Sentences: Eleventh Circuit Affirms Within-Guidelines Term After Esteras

Community-Protection Inferences from Repeated Drug Use Permissibly Support Revocation Sentences: Eleventh Circuit Affirms Within-Guidelines Term After Esteras

Date: Nov 16, 2025
Community-Protection Inferences from Repeated Drug Use Permissibly Support Revocation Sentences: Eleventh Circuit Affirms Within-Guidelines Term After Esteras Introduction In United States v. Edward...
No Final Decision, No Federal Case: Sixth Circuit Clarifies Finality for Land‑Use and RLUIPA Claims; Code‑Enforcement Threats Are Not “Threats of Force” Under the FACE Act

No Final Decision, No Federal Case: Sixth Circuit Clarifies Finality for Land‑Use and RLUIPA Claims; Code‑Enforcement Threats Are Not “Threats of Force” Under the FACE Act

Date: Nov 16, 2025
No Final Decision, No Federal Case: Sixth Circuit Clarifies Finality for Land‑Use and RLUIPA Claims; Code‑Enforcement Threats Are Not “Threats of Force” Under the FACE Act Introduction In Daniel...
Enforcement of Prefiling Restrictions and Waiver by Inadequate Briefing: Tenth Circuit Affirms Striking of Post‑Judgment Motion and Labels Appeal Frivolous in Massey v. Computershare

Enforcement of Prefiling Restrictions and Waiver by Inadequate Briefing: Tenth Circuit Affirms Striking of Post‑Judgment Motion and Labels Appeal Frivolous in Massey v. Computershare

Date: Nov 16, 2025
Enforcement of Prefiling Restrictions and Waiver by Inadequate Briefing: Tenth Circuit Affirms Striking of Post‑Judgment Motion and Labels Appeal Frivolous in Massey v. Computershare Introduction In...
No Collateral Attacks on Subject-Matter Jurisdiction: Tenth Circuit reinforces res judicata and upholds fees and filing restrictions in Massey v. Computershare

No Collateral Attacks on Subject-Matter Jurisdiction: Tenth Circuit reinforces res judicata and upholds fees and filing restrictions in Massey v. Computershare

Date: Nov 16, 2025
No Collateral Attacks on Subject-Matter Jurisdiction: Tenth Circuit reinforces res judicata and upholds fees and filing restrictions in Massey v. Computershare Introduction In Massey v. Computershare...
Rejecting Relevant Conduct Triggers § 3584’s Consecutive Default—and Underdeveloped Plain-Error Appeals Are Waived: Commentary on United States v. Cerrato-Avila (10th Cir. 2025)

Rejecting Relevant Conduct Triggers § 3584’s Consecutive Default—and Underdeveloped Plain-Error Appeals Are Waived: Commentary on United States v. Cerrato-Avila (10th Cir. 2025)

Date: Nov 16, 2025
Rejecting Relevant Conduct Triggers § 3584’s Consecutive Default—and Underdeveloped Plain-Error Appeals Are Waived Introduction In United States v. Cerrato-Avila, No. 24-1193 (10th Cir. Nov. 13,...
Tenth Circuit Reaffirms Non‑Cognizability of Restitution Challenges Under § 2255 and Emphasizes Frye Prejudice Showing for Plea‑Bargaining IAC at the COA Stage

Tenth Circuit Reaffirms Non‑Cognizability of Restitution Challenges Under § 2255 and Emphasizes Frye Prejudice Showing for Plea‑Bargaining IAC at the COA Stage

Date: Nov 16, 2025
Tenth Circuit Reaffirms Non‑Cognizability of Restitution Challenges Under § 2255 and Emphasizes Frye Prejudice Showing for Plea‑Bargaining IAC at the COA Stage Introduction In United States v....
Refusal to Participate in Internal Investigation Is Not Protected Activity Absent a Contemporaneous, Good‑Faith Belief of Opposing Discrimination

Refusal to Participate in Internal Investigation Is Not Protected Activity Absent a Contemporaneous, Good‑Faith Belief of Opposing Discrimination

Date: Nov 16, 2025
Refusal to Participate in Internal Investigation Is Not Protected Activity Absent a Contemporaneous, Good‑Faith Belief of Opposing Discrimination Court: United States Court of Appeals for the Seventh...
“Appearance” Requires Readiness to Proceed: Seventh Circuit’s Nonprecedential Reaffirmation on Self-Representation, Speedy Trial Exclusions, and Sentencing Enhancements in United States v. Kevin Smith

“Appearance” Requires Readiness to Proceed: Seventh Circuit’s Nonprecedential Reaffirmation on Self-Representation, Speedy Trial Exclusions, and Sentencing Enhancements in United States v. Kevin Smith

Date: Nov 16, 2025
“Appearance” Requires Readiness to Proceed: Seventh Circuit’s Nonprecedential Reaffirmation on Self-Representation, Speedy Trial Exclusions, and Sentencing Enhancements in United States v. Kevin...
Modernizing Florida Civil Practice: Clarified E-Filing/E-Service in Summons, Enhanced Pleading Requirements for Chapter 82 Possession Actions, and Plain-Language Updates to Rule 1.442

Modernizing Florida Civil Practice: Clarified E-Filing/E-Service in Summons, Enhanced Pleading Requirements for Chapter 82 Possession Actions, and Plain-Language Updates to Rule 1.442

Date: Nov 16, 2025
Modernizing Florida Civil Practice: Clarified E-Filing/E-Service in Summons, Enhanced Pleading Requirements for Chapter 82 Possession Actions, and Plain-Language Updates to Rule 1.442 Introduction On...
Florida Supreme Court Aligns CPC Scoresheet with 2025 Statutory Enhancements: New Multipliers for Aggravated Animal Cruelty (1.25) and Fleeing/Eluding (1.5)

Florida Supreme Court Aligns CPC Scoresheet with 2025 Statutory Enhancements: New Multipliers for Aggravated Animal Cruelty (1.25) and Fleeing/Eluding (1.5)

Date: Nov 16, 2025
Florida Supreme Court Aligns CPC Scoresheet with 2025 Statutory Enhancements: New Multipliers for Aggravated Animal Cruelty (1.25) and Fleeing/Eluding (1.5) Introduction In a per curiam...
Mandatory Online Publication of Local Court Governance and Electronic-First Records Retention: Florida Supreme Court Amends Rules 2.215, 2.265, and 2.430

Mandatory Online Publication of Local Court Governance and Electronic-First Records Retention: Florida Supreme Court Amends Rules 2.215, 2.265, and 2.430

Date: Nov 16, 2025
Mandatory Online Publication of Local Court Governance and Electronic-First Records Retention: Florida Supreme Court Amends Rules 2.215, 2.265, and 2.430 Introduction This commentary analyzes the...
No Default Without Proper Service: Third Circuit Reaffirms Nonparty-Service Requirement and Disfavors Defaults in Pro Se § 1983 Litigation

No Default Without Proper Service: Third Circuit Reaffirms Nonparty-Service Requirement and Disfavors Defaults in Pro Se § 1983 Litigation

Date: Nov 16, 2025
No Default Without Proper Service: Third Circuit Reaffirms Nonparty-Service Requirement and Disfavors Defaults in Pro Se § 1983 Litigation Introduction In John M. Gera v. Borough of Frackville, the...
Waiver-by-Amendment: Third Circuit Finds Plaintiff Forfeits Challenge to Removal by Non-Defendant After Adding Remover as a Party; Case-Management Memoranda Count as “Other Paper” for § 1446(b)(3)

Waiver-by-Amendment: Third Circuit Finds Plaintiff Forfeits Challenge to Removal by Non-Defendant After Adding Remover as a Party; Case-Management Memoranda Count as “Other Paper” for § 1446(b)(3)

Date: Nov 16, 2025
Waiver-by-Amendment: Third Circuit Finds Plaintiff Forfeits Challenge to Removal by Non-Defendant After Adding Remover as a Party; Case-Management Memoranda Count as “Other Paper” for § 1446(b)(3)...
Post-Esteras boundaries on “seriousness” at supervised-release revocation: Third Circuit affirms upward variance in United States v. Hardeman

Post-Esteras boundaries on “seriousness” at supervised-release revocation: Third Circuit affirms upward variance in United States v. Hardeman

Date: Nov 16, 2025
Post-Esteras boundaries on “seriousness” at supervised-release revocation: Third Circuit affirms upward variance in United States v. Hardeman Introduction In United States v. Taire Hardeman, the...
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