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Volume XVIII, Issue 32

Aug. 14, 2025

 

Thermal Surgical, LLC v. Brown, Case No. 24-127 (2d Cir. 2025).

Claim preclusion cannot be applied offensively if unfair to do so and cannot be applied to argue that an uncontested  bankruptcy claim can be applied offensively in future proceedings between the parties.

 

Ransom v. GreatPlains Finance, LLC, Case No. 24-1908 (3d Cir. 2025).

A tribally owned online lender is not entitled to sovereign immunity as an arm of tribal government when a judgment against it would not affect tribal revenue.

 

CAM Logistics, L.L.C. v. Pratt Industries, Inc., Case No. 24-30806 (5th Cir. 2025).

Louisiana Civil Code article 1947's presumption against binding parties absent execution of contemplated written contract can be, but was not in this case, rebutted by defendant's performance.

 

Retro Metro, LLC v. City of Jackson, Case No. 24-60647 (5th Cir. 2025).

A lease reflected in the city council’s minutes but which did not contain sufficient terms to determine the parties' liabilities and obligations is invalid under Mississippi's Minutes Rule.

 

Herschfus v. City of Oak Park, Case No. 24-1451 (6th Cir. 2025).

A landlord has standing to challenge a housing code's inspection requirements but its Fourth Amendment unconstitutional conditions claim fail if the licensing regime has reasonable conditions analogous to those upheld in Wyman v. James, 400 U.S. 309, 310–16 (1971).

 

Hulley Enterprises Ltd. v. Russian Federation, Case  No. 23-7174 (D.C. Cir. 2025).

Whether an arbitration agreement exists is a jurisdictional fact under the Foreign Sovereign Immunities Act that must be independently evaluated by the district court and not deferred to an arbitral tribunal's determination.

 

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Author

Manny Farach

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