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Civil Litigation & Procedure

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Report and Recommendation on Default Judgment Against Iran 1

Sarah Netburn
February 19, 2025

Report and Recommendation, In re Terrorist Attacks on September 11, 2001, No. 1:03-md-1570 (S.D.N.Y. Feb. 19, 2025), D.E. 10727.

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Redaction of Non-Government Party Names in Social Security and Immigration Case Documents

Jana E. Laks, Kristin A. Garri
February 4, 2025

At the request of the Judicial Conference Committee on Court Administration and Case Management (CACM), the Federal Judicial Center completed a study of unredacted non-government party names in Social Security and immigration case documents.

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Term Talk: United States Trustee v. John Q. Hammons; Harrington v. Purdue Pharma L.P.

Tara L. Grove, Melissa Jacoby, Elizabeth C. Wiggins
November 21, 2024

Bankruptcy. Non-uniformity. Non-debtor Release. Experts discuss the Supreme Court’s decision to not reimburse claimants for bounded non-uniformities in Hammons, and to reject non-consensual third release in Purdue Pharma.

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Term Talk: City of Grants Pass v. Johnson; McElrath v. Georgia

Francesca Williams, Laurie Levenson, Evan Lee
November 21, 2024

Criminal Law. Eighth Amendment. Fifth Amendment. Experts discuss the Court’s interpretation of status and conduct in the context of ordinances that punish sleeping in public in City of Grants Pass v. Johnson, and the absolute bar to retrial of acquittals, even when there are inconsistent verdicts, in McElrath v. Georgia.

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Term Talk: Chiaverini v. City of Napoleon

Laurie Levenson, Evan Lee, Francesca Wiilliams
November 21, 2024

Criminal Law. Malicious-prosecution. § 1983. Experts discuss the Supreme Court’s determination that probable cause for one charge does not insulate other charges from a §1983 malicious-prosecution claim.

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Affirming Dismissal on Qualified Immunity

Gerard E. Lynch
October 29, 2024

Opinion, Tanvir v. Tanzin, No. 23-738 (2d Cir. Oct. 29, 2024), D.E. 154, 120 F.4th 1049, aff'g Opinion, No. 1:13-cv-6951 (S.D.N.Y. Feb. 24, 2023), D.E. 149, 2023 WL 2216256.

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Default and Default Judgment Practices in the District Courts

Emery G. Lee, Jason A. Cantone
October 18, 2024

This report summarizes the actual practices of district courts regarding entry of defaults and default judgments pursuant to Federal Rule of Civil Procedure 55.

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Term Talk: Fischer v. United States; Snyder v. United States

Francesca Williams, Laurie Levenson, Evan Lee
October 3, 2024

Criminal Law. Statutory Interpretation. Experts discuss the Court’s interpretation of the Sarbanes-Oxley Act as applied to January 6 defendants in Fischer v. United States, and whether the amended federal bribery statute continues to criminalize gratuities in Snyder v. United States.

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Term Talk: Alexander v. S.C. State Conference of NAACP; Robinson v. Callais

Evan Lee, Hamid M. Khan, Erwin Chemerinsky
October 3, 2024

Voting. Redistricting. Experts discuss how courts should determine if race or party affiliation predominates in a legislature’s redistricting in Alexander v. South Carolina Conference of the NAACP, and the uncertainty surrounding application of the Purcell principle in Robinson v. Callais.

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Term Talk: United States v. Rahimi; Garland v. Cargill

Erwin Chemerinsky, Tara L. Grove, Hamid M. Khan
September 26, 2024

Second Amendment. National Firearms Act. Experts discuss the Court’s continued development of the history and tradition standard of analysis in the context of the Second Amendment, and how the abandonment of the Chevron Doctrine impacted the interpretation of the National Firearms Act.

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