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restricting-general-jurisdiction:-second-circuit& Case Commentaries

People v. Reaves: New York Tightens Admissibility of Rap Lyrics—Qualified Expertise, Specific Nexus, and Molineux Balancing Required

People v. Reaves: New York Tightens Admissibility of Rap Lyrics—Qualified Expertise, Specific Nexus, and Molineux Balancing Required

Date: Sep 26, 2025
People v. Reaves: New York Tightens Admissibility of Rap Lyrics—Qualified Expertise, Specific Nexus, and Molineux Balancing Required Introduction In People v. Reaves, 2025 NY Slip Op 05107 (App Div,...
Second Department Clarifies: Waiving a Deficiency Judgment Does Not Eliminate the Borrower as a Necessary Party in Foreclosure

Second Department Clarifies: Waiving a Deficiency Judgment Does Not Eliminate the Borrower as a Necessary Party in Foreclosure

Date: Sep 26, 2025
Second Department Clarifies: Waiving a Deficiency Judgment Does Not Eliminate the Borrower as a Necessary Party in Foreclosure Introduction In Wilmington Savings Fund Society, FSB v. Loubriel, 2025...
Eligibility Confirmation Under §16.63 Is Not Newly Discovered Evidence: Florida Supreme Court Tightens Successive Mitigation and Post‑Warrant Records Practice in Capital Cases

Eligibility Confirmation Under §16.63 Is Not Newly Discovered Evidence: Florida Supreme Court Tightens Successive Mitigation and Post‑Warrant Records Practice in Capital Cases

Date: Sep 26, 2025
Eligibility Confirmation Under §16.63 Is Not Newly Discovered Evidence: Florida Supreme Court Tightens Successive Mitigation and Post‑Warrant Records Practice in Capital Cases Introduction In Victor...
Second Circuit reaffirms: Gang defection is not “political opinion” and CAT relief demands individualized proof and government acquiescence

Second Circuit reaffirms: Gang defection is not “political opinion” and CAT relief demands individualized proof and government acquiescence

Date: Sep 26, 2025
Second Circuit reaffirms: Gang defection is not “political opinion” and CAT relief demands individualized proof and government acquiescence Introduction In Ramirez Alvarado v. Bondi (No. 21-6603,...
Umarov v. Bondi: Second Circuit Reaffirms Nonreviewability of BIA’s Sua Sponte Reopening and Declines to Treat Pereira/Niz‑Chavez Eligibility as Exceptional

Umarov v. Bondi: Second Circuit Reaffirms Nonreviewability of BIA’s Sua Sponte Reopening and Declines to Treat Pereira/Niz‑Chavez Eligibility as Exceptional

Date: Sep 26, 2025
Umarov v. Bondi: Second Circuit Reaffirms Nonreviewability of BIA’s Sua Sponte Reopening and Declines to Treat Pereira/Niz‑Chavez Eligibility as Exceptional Introduction In a nonprecedential summary...
Signing ICC Terms of Reference as “Clear and Unmistakable” Delegation of Arbitrability: Eleventh Circuit Affirms Confirmation Against a Non‑Signatory Under the New York Convention

Signing ICC Terms of Reference as “Clear and Unmistakable” Delegation of Arbitrability: Eleventh Circuit Affirms Confirmation Against a Non‑Signatory Under the New York Convention

Date: Sep 26, 2025
Signing ICC Terms of Reference as “Clear and Unmistakable” Delegation of Arbitrability: Eleventh Circuit Affirms Confirmation Against a Non‑Signatory Under the New York Convention Introduction This...
No Industry Standard, No Immunity: Eleventh Circuit Holds Standard of Care and Causation Are Jury Questions in Negligent-Work Exclusion vs. “Equipment Breakdown” Coverage Disputes

No Industry Standard, No Immunity: Eleventh Circuit Holds Standard of Care and Causation Are Jury Questions in Negligent-Work Exclusion vs. “Equipment Breakdown” Coverage Disputes

Date: Sep 26, 2025
No Industry Standard, No Immunity: Eleventh Circuit Holds Standard of Care and Causation Are Jury Questions in Negligent-Work Exclusion vs. “Equipment Breakdown” Coverage Disputes Introduction This...
EEZs Are Part of the “High Seas” and Congress May Define “Stateless” Broadly Under the MDLEA: Eleventh Circuit Affirms in United States v. Guzman‑Javier

EEZs Are Part of the “High Seas” and Congress May Define “Stateless” Broadly Under the MDLEA: Eleventh Circuit Affirms in United States v. Guzman‑Javier

Date: Sep 26, 2025
EEZs Are Part of the “High Seas” and Congress May Define “Stateless” Broadly Under the MDLEA United States v. Carlos Guzman‑Javier (and Consolidated Appeals) Introduction In this unpublished,...
Probable Cause Does Not Automatically Trigger Miranda Custody; Eleventh Circuit Reaffirms § 922(g)(1)’s Constitutionality After Bruen and Rahimi

Probable Cause Does Not Automatically Trigger Miranda Custody; Eleventh Circuit Reaffirms § 922(g)(1)’s Constitutionality After Bruen and Rahimi

Date: Sep 26, 2025
Probable Cause Does Not Automatically Trigger Miranda Custody; Eleventh Circuit Reaffirms § 922(g)(1)’s Constitutionality After Bruen and Rahimi Introduction In United States v. Ernell Shaw, No....
EEZs Count as “High Seas,” and Congress May Define “Vessels Without Nationality” for MDLEA Purposes: Eleventh Circuit Reaffirms MDLEA Jurisdiction and No‑Nexus Rule in United States v. Cueto‑Sanchez

EEZs Count as “High Seas,” and Congress May Define “Vessels Without Nationality” for MDLEA Purposes: Eleventh Circuit Reaffirms MDLEA Jurisdiction and No‑Nexus Rule in United States v. Cueto‑Sanchez

Date: Sep 26, 2025
EEZs Count as “High Seas,” and Congress May Define “Vessels Without Nationality” for MDLEA Purposes: Eleventh Circuit Reaffirms MDLEA Jurisdiction and No‑Nexus Rule in United States v. Cueto‑Sanchez...
EEZs Are “High Seas” Under the Felonies Clause; MDLEA’s Expanded “Vessel Without Nationality” Definition and No‑Nexus Rule Reaffirmed

EEZs Are “High Seas” Under the Felonies Clause; MDLEA’s Expanded “Vessel Without Nationality” Definition and No‑Nexus Rule Reaffirmed

Date: Sep 26, 2025
EEZs Are “High Seas” Under the Felonies Clause; MDLEA’s Expanded “Vessel Without Nationality” Definition and No‑Nexus Rule Reaffirmed Introduction In this consolidated, unpublished per curiam...
Sixth Circuit Clarifies Title VII Pleading: Time‑Barred Incidents Can Bolster Plausibility and Plaintiffs Need Not Name Comparators; Medical Leave Does Not Break Retaliation Causation

Sixth Circuit Clarifies Title VII Pleading: Time‑Barred Incidents Can Bolster Plausibility and Plaintiffs Need Not Name Comparators; Medical Leave Does Not Break Retaliation Causation

Date: Sep 26, 2025
Sixth Circuit Clarifies Title VII Pleading: Time‑Barred Incidents Can Bolster Plausibility and Plaintiffs Need Not Name Comparators; Medical Leave Does Not Break Retaliation Causation Case: Ashraf...
Failure to Argue Plain Error Waives New Appellate Issues—Even for Pro Se Prisoners: A Tenth Circuit Reaffirmation in Rhodes v. Wyoming Department of Corrections

Failure to Argue Plain Error Waives New Appellate Issues—Even for Pro Se Prisoners: A Tenth Circuit Reaffirmation in Rhodes v. Wyoming Department of Corrections

Date: Sep 26, 2025
Failure to Argue Plain Error Waives New Appellate Issues—Even for Pro Se Prisoners: A Tenth Circuit Reaffirmation in Rhodes v. Wyoming Department of Corrections Introduction This commentary analyzes...
Control and Knowledge as Gatekeepers: Eleventh Circuit Clarifies That Staffing Firms Have No Standalone Duty to Investigate Client Motives Under Title VII

Control and Knowledge as Gatekeepers: Eleventh Circuit Clarifies That Staffing Firms Have No Standalone Duty to Investigate Client Motives Under Title VII

Date: Sep 26, 2025
Control and Knowledge as Gatekeepers: Eleventh Circuit Clarifies That Staffing Firms Have No Standalone Duty to Investigate Client Motives Under Title VII Introduction In Emily Vincent v. ATI...
Preserving Johnson-Based AEDPA Timeliness Arguments: Seventh Circuit Affirms Forfeiture and Emphasizes Deference on Sentencing-Reliance Claims

Preserving Johnson-Based AEDPA Timeliness Arguments: Seventh Circuit Affirms Forfeiture and Emphasizes Deference on Sentencing-Reliance Claims

Date: Sep 26, 2025
Preserving Johnson-Based AEDPA Timeliness Arguments: Seventh Circuit Affirms Forfeiture and Emphasizes Deference on Sentencing-Reliance Claims Case: Devin Seats v. Mindi Nurse (Warden) — United...
No Rule 408 Shield for Pre-Litigation Status Emails; Missing-Witness Instruction Narrowed for Foreign, Non-Employee Witnesses — NHC LLC v. Centaur Construction Co.

No Rule 408 Shield for Pre-Litigation Status Emails; Missing-Witness Instruction Narrowed for Foreign, Non-Employee Witnesses — NHC LLC v. Centaur Construction Co.

Date: Sep 26, 2025
No Rule 408 Shield for Pre-Litigation Status Emails; Missing-Witness Instruction Narrowed for Foreign, Non-Employee Witnesses Case: NHC LLC v. Centaur Construction Company Inc., et al. Court: United...
No-Reasonable-Attorney Foreshadowing Standard: Seventh Circuit narrows Strickland deficiency for missed categorical-approach arguments in Elion v. United States

No-Reasonable-Attorney Foreshadowing Standard: Seventh Circuit narrows Strickland deficiency for missed categorical-approach arguments in Elion v. United States

Date: Sep 26, 2025
No-Reasonable-Attorney Foreshadowing Standard: Seventh Circuit narrows Strickland deficiency for missed categorical-approach arguments Introduction In Otis R. Elion v. United States, No. 24-3014 (7th...
Mandamus Is Not a Shortcut Around Nonfinal Custody Orders: State ex rel. Conomy v. Fuller (2025-Ohio-4411)

Mandamus Is Not a Shortcut Around Nonfinal Custody Orders: State ex rel. Conomy v. Fuller (2025-Ohio-4411)

Date: Sep 26, 2025
Mandamus Is Not a Shortcut Around Nonfinal Custody Orders: State ex rel. Conomy v. Fuller Introduction In State ex rel. Conomy v. Fuller, 2025-Ohio-4411, the Supreme Court of Ohio reaffirmed core...
In Reopened Appeals, Appellants Must Brief Deficiency and Prejudice: No Presumption of Ineffective Assistance Under App.R. 26(B)

In Reopened Appeals, Appellants Must Brief Deficiency and Prejudice: No Presumption of Ineffective Assistance Under App.R. 26(B)

Date: Sep 26, 2025
In Reopened Appeals, Appellants Must Brief Deficiency and Prejudice: No Presumption of Ineffective Assistance Under App.R. 26(B) Introduction In State v. Clark, Slip Opinion No. 2025-Ohio-4410, the...
Constructive Discharge in Alaska Whistleblower Cases Is an Objective, Position-Specific Inquiry (Nonprecedential Clarification)

Constructive Discharge in Alaska Whistleblower Cases Is an Objective, Position-Specific Inquiry (Nonprecedential Clarification)

Date: Sep 26, 2025
Constructive Discharge in Alaska Whistleblower Cases Is an Objective, Position-Specific Inquiry (Nonprecedential Clarification) Court: Supreme Court of the State of Alaska (Memorandum Opinion and...
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