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  • Commentaries
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Finality over Re‑Litigation: Claim Preclusion and the High Bar for Fraud on the Court in Vayani v. 146 W. 29th St. Owners Corp.

Finality over Re‑Litigation: Claim Preclusion and the High Bar for Fraud on the Court in Vayani v. 146 W. 29th St. Owners Corp.

Date: Dec 12, 2025
Finality over Re‑Litigation: Claim Preclusion and the High Bar for Fraud on the Court in Vayani v. 146 W. 29th St. Owners Corp. 1. Introduction In Vayani v. 146 W. 29th St. Owners Corp., No....
Reaffirming the Prophylactic Rule Against National-Origin-Based Sentencing: Commentary on United States v. Santibanez Cardona & Montoya Garcia

Reaffirming the Prophylactic Rule Against National-Origin-Based Sentencing: Commentary on United States v. Santibanez Cardona & Montoya Garcia

Date: Dec 12, 2025
Reaffirming the Prophylactic Rule Against National-Origin-Based Sentencing: Commentary on United States v. Santibanez Cardona & Montoya Garcia I. Introduction This commentary analyzes the Second...
Deterrence-Focused Consecutive Revocation Sentences After Esteras: Commentary on United States v. Duprey (2d Cir. 2025)

Deterrence-Focused Consecutive Revocation Sentences After Esteras: Commentary on United States v. Duprey (2d Cir. 2025)

Date: Dec 12, 2025
Deterrence-Focused Consecutive Revocation Sentences After Esteras: Commentary on United States v. Duprey (2d Cir. 2025) 1. Introduction United States v. Duprey, No. 24-2410 (2d Cir. Dec. 11, 2025)...
Jurisdictional and Immunity Barriers to Challenging FINRA Arbitrations and BrokerCheck Disclosures: Commentary on Tanjutco v. NYLife Sec. LLC

Jurisdictional and Immunity Barriers to Challenging FINRA Arbitrations and BrokerCheck Disclosures: Commentary on Tanjutco v. NYLife Sec. LLC

Date: Dec 12, 2025
Jurisdictional and Immunity Barriers to Challenging FINRA Arbitrations and BrokerCheck Disclosures: Commentary on Tanjutco v. NYLife Securities LLC (2d Cir. Dec. 9, 2025) I. Introduction This...

    Waiver of Pretrial Claims After Unconditional Guilty Pleas and Robust Use of Sentencing Cross‑References: Commentary on United States v. Skyfield (2d Cir. 2025)

Waiver of Pretrial Claims After Unconditional Guilty Pleas and Robust Use of Sentencing Cross‑References: Commentary on United States v. Skyfield (2d Cir. 2025)

Date: Dec 12, 2025
Waiver of Pretrial Claims After Unconditional Guilty Pleas and Robust Use of Sentencing Cross‑References: Commentary on United States v. Skyfield, No. 24‑2022 (2d Cir. Dec. 9, 2025) (Summary Order)...
Interpreting, Not Modifying: Appellate Jurisdiction over Orders Applying Existing IP Injunctions in Lego A/S v. Zuru Inc.

Interpreting, Not Modifying: Appellate Jurisdiction over Orders Applying Existing IP Injunctions in Lego A/S v. Zuru Inc.

Date: Dec 12, 2025
Interpreting, Not Modifying: Appellate Jurisdiction over Orders Applying Existing IP Injunctions in Lego A/S v. Zuru Inc. I. Introduction This commentary examines the United States Court of Appeals...
Felon Disarmament and Attempted-Murder Sentencing Under § 922(g)(1): Commentary on United States v. Scott (2d Cir. 2025)

Felon Disarmament and Attempted-Murder Sentencing Under § 922(g)(1): Commentary on United States v. Scott (2d Cir. 2025)

Date: Dec 12, 2025
Felon Disarmament and Attempted-Murder Sentencing Under § 922(g)(1): Commentary on United States v. Scott (2d Cir. 2025) I. Introduction The Second Circuit’s summary order in United States v. Scott,...
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....
Independent Certification Discipline Beyond Tenure Arbitration: Commentary on In the Matter of the Certificates of Nicholas Cilento (N.J. 2025)

Independent Certification Discipline Beyond Tenure Arbitration: Commentary on In the Matter of the Certificates of Nicholas Cilento (N.J. 2025)

Date: Dec 12, 2025
Independent Certification Discipline Beyond Tenure Arbitration: Commentary on In the Matter of the Certificates of Nicholas Cilento, Supreme Court of New Jersey (Dec. 9, 2025) I. Introduction The...
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...
Strict Enforcement of Rule 33 Timeliness and Issue Preservation in Rhode Island: Commentary on State v. Victor Tavares (R.I. 2025)

Strict Enforcement of Rule 33 Timeliness and Issue Preservation in Rhode Island: Commentary on State v. Victor Tavares (R.I. 2025)

Date: Dec 12, 2025
Strict Enforcement of Rule 33 Timeliness and Issue Preservation in Rhode Island: Commentary on State v. Victor Tavares (R.I. 2025) I. Introduction The Rhode Island Supreme Court’s order in State v....
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