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affirmation-of-combination-jury-instructions-in-murder-conviction-upholds-kentucky& Case Commentaries

Madelaine Chocolate v. Great Northern: Second Circuit Clarifies Insurer’s Trial-Stage Burden and Admissibility of Subjective Intent when Resolving Ambiguous Insurance Policies

Madelaine Chocolate v. Great Northern: Second Circuit Clarifies Insurer’s Trial-Stage Burden and Admissibility of Subjective Intent when Resolving Ambiguous Insurance Policies

Date: Jun 23, 2025
Madelaine Chocolate v. Great Northern: Second Circuit Clarifies Insurer’s Trial-Stage Burden and Admissibility of Subjective Intent when Resolving Ambiguous Insurance Policies 1. Introduction The...
Reaffirming the Final-Decision Requirement After Zoning Amendments: Commentary on Mills Pond Group, LLC v. Town of Smithtown

Reaffirming the Final-Decision Requirement After Zoning Amendments: Commentary on Mills Pond Group, LLC v. Town of Smithtown

Date: Jun 23, 2025
Reaffirming the Final-Decision Requirement After Zoning Amendments: Mills Pond Group, LLC v. Town of Smithtown 1. Introduction Mills Pond Group, LLC v. Town of Smithtown (2d Cir. June 20, 2025) is...
Reasonable-Bank Rule: Eleventh Circuit Clarifies Good-Faith Discretion for Financial Institutions Facing Suspected Fraud

Reasonable-Bank Rule: Eleventh Circuit Clarifies Good-Faith Discretion for Financial Institutions Facing Suspected Fraud

Date: Jun 23, 2025
Reasonable-Bank Rule: Eleventh Circuit Clarifies Good-Faith Discretion for Financial Institutions Facing Suspected Fraud 1. Introduction In Gent Row, LLC v. Truist Financial Corporation, No. 24-10387...
United States v. Shavers & Jones – Voluntary Admission of PSR Facts as a Cure for Erlinger Error under the ACCA

United States v. Shavers & Jones – Voluntary Admission of PSR Facts as a Cure for Erlinger Error under the ACCA

Date: Jun 23, 2025
United States v. Alfred Lamar Shavers & Tyrone James Jones Voluntary Admission of PSR Facts as a Cure for Erlinger Error under the ACCA 1. Introduction On 20 June 2025 the Eleventh Circuit, sitting...
Expanding the High Seas: Eleventh Circuit Confirms Exclusive Economic Zone as “High Seas” Under the Felonies Clause – United States v. Lopez-Padilla

Expanding the High Seas: Eleventh Circuit Confirms Exclusive Economic Zone as “High Seas” Under the Felonies Clause – United States v. Lopez-Padilla

Date: Jun 23, 2025
Expanding the High Seas: Eleventh Circuit Confirms Exclusive Economic Zone as “High Seas” Under the Felonies Clause – United States v. Lopez-Padilla Introduction In United States v. Belarminio...
Reaffirming the “Time-of-Conviction” Standard for Career-Offender Predicate Controlled-Substance Offenses: A Commentary on United States v. Enrique Diaz (11th Cir. 2025)

Reaffirming the “Time-of-Conviction” Standard for Career-Offender Predicate Controlled-Substance Offenses: A Commentary on United States v. Enrique Diaz (11th Cir. 2025)

Date: Jun 23, 2025
Reaffirming the “Time-of-Conviction” Standard for Career-Offender Predicate Controlled-Substance Offenses Commentary on United States v. Enrique Diaz, No. 22-13149 (11th Cir. June 20, 2025)...
“Reaffirming Rozier” – The Eleventh Circuit Declares that Bruen and Rahimi Do Not Displace the Federal Felon-in-Possession Ban (18 U.S.C. § 922(g)(1))

“Reaffirming Rozier” – The Eleventh Circuit Declares that Bruen and Rahimi Do Not Displace the Federal Felon-in-Possession Ban (18 U.S.C. § 922(g)(1))

Date: Jun 23, 2025
“Reaffirming Rozier” – The Eleventh Circuit Declares that Bruen and Rahimi Do Not Displace the Federal Felon-in-Possession Ban (18 U.S.C. § 922(g)(1)) 1. Introduction The decision in United States v....
“Disclosure, Not Suppression” – Sixth Circuit Clarifies Party Speech Rules in Boone County Republican Party v. Wallace

“Disclosure, Not Suppression” – Sixth Circuit Clarifies Party Speech Rules in Boone County Republican Party v. Wallace

Date: Jun 23, 2025
“Disclosure, Not Suppression” – Sixth Circuit Clarifies Party Speech Rules in Boone County Republican Party v. Wallace 1. Introduction The Sixth Circuit’s order in Boone County Republican Party...
The Sixth Circuit’s “Retention-as-Infringement” Doctrine: Post-Seizure Holding of Lawfully-Owned Firearms Implicates the Second Amendment and the Takings Clause (Commentary on Novak v. Federspiel, 25a0162p.06)

The Sixth Circuit’s “Retention-as-Infringement” Doctrine: Post-Seizure Holding of Lawfully-Owned Firearms Implicates the Second Amendment and the Takings Clause (Commentary on Novak v. Federspiel, 25a0162p.06)

Date: Jun 23, 2025
The Sixth Circuit’s “Retention-as-Infringement” Doctrine: Post-Seizure Holding of Lawfully-Owned Firearms Implicates the Second Amendment and the Takings Clause Introduction In Gerald Novak; Adam...
Server Location Alone Does Not Create Specific Personal Jurisdiction – Commentary on Carbone v. Kaal (6th Cir. 2025)

Server Location Alone Does Not Create Specific Personal Jurisdiction – Commentary on Carbone v. Kaal (6th Cir. 2025)

Date: Jun 23, 2025
Server Location Alone Does Not Create Specific Personal Jurisdiction:  Robert Carbone v. Wulf Kaal, 25a0161p.06 (6th Cir. 2025) 1. Introduction In Robert Carbone v. Wulf Kaal, the U.S. Court of...
United States v. Bowman: Clerical Errors Do Not Pierce the Presumption of Validity—Re-calibrating the Threshold for Franks Hearings in the Sixth Circuit

United States v. Bowman: Clerical Errors Do Not Pierce the Presumption of Validity—Re-calibrating the Threshold for Franks Hearings in the Sixth Circuit

Date: Jun 23, 2025
United States v. Bowman: Clerical Errors Do Not Pierce the Presumption of Validity—Re-calibrating the Threshold for Franks Hearings in the Sixth Circuit Introduction In United States v. Christopher...
Gardner v. Flagstar: Sixth Circuit Rejects “Failure-to-Read” Defense and Requires Jury Trial When Bank-Fee Contracts Are Ambiguous

Gardner v. Flagstar: Sixth Circuit Rejects “Failure-to-Read” Defense and Requires Jury Trial When Bank-Fee Contracts Are Ambiguous

Date: Jun 23, 2025
Gardner v. Flagstar: Sixth Circuit Rejects “Failure-to-Read” Defense and Requires Jury Trial When Bank-Fee Contracts Are Ambiguous 1. Introduction In Veronica Gardner v. Flagstar Bank, FSB, No....

        Davenport v. Pata – When a Mere “Referral Note” Is Not Enough:
        The Tenth Circuit Holds that Failure to Follow Internal Referral Procedures
        Can Constitute Deliberate Indifference to Serious Medical Needs

Davenport v. Pata – When a Mere “Referral Note” Is Not Enough: The Tenth Circuit Holds that Failure to Follow Internal Referral Procedures Can Constitute Deliberate Indifference to Serious Medical Needs

Date: Jun 23, 2025
Davenport v. Pata – When a Mere “Referral Note” Is Not Enough: The Tenth Circuit Holds that Failure to Follow Internal Referral Procedures Can Constitute Deliberate Indifference to Serious Medical...
United States v. Charley: Re-affirming Appellate Deference to a District Court’s Balancing of § 3553(a) Factors

United States v. Charley: Re-affirming Appellate Deference to a District Court’s Balancing of § 3553(a) Factors

Date: Jun 23, 2025
United States v. Charley: Re-affirming Appellate Deference to a District Court’s Balancing of § 3553(a) Factors in Substantive-Reasonableness Review Introduction In United States v. Charley,...
Culp v. Caudill: Seventh Circuit Clarifies Local Rule 56.1 Compliance and Affirms Broad Discretion on Costs in Mixed-Outcome Cases

Culp v. Caudill: Seventh Circuit Clarifies Local Rule 56.1 Compliance and Affirms Broad Discretion on Costs in Mixed-Outcome Cases

Date: Jun 23, 2025
Culp v. Caudill: Seventh Circuit Clarifies Local Rule 56.1 Compliance and Affirms Broad Discretion on Costs in Mixed-Outcome Cases Introduction In Carl Culp v. Scott Caudill, Nos. 23-2397 & 23-2398,...
Culp v. Woods: Seventh Circuit Re-Affirms Broad Discretion in Mixed-Outcome Cost Awards and Clarifies N.D. Indiana Local Rule 56.1 Compliance

Culp v. Woods: Seventh Circuit Re-Affirms Broad Discretion in Mixed-Outcome Cost Awards and Clarifies N.D. Indiana Local Rule 56.1 Compliance

Date: Jun 23, 2025
Culp v. Woods: Seventh Circuit Re-Affirms Broad Discretion in Mixed-Outcome Cost Awards and Clarifies N.D. Indiana Local Rule 56.1 Compliance Introduction On 20 June 2025 the U.S. Court of Appeals...
“Facial-Defense Strikes” under the PLRA: Detailed Commentary on Holmes v. Marion County Sheriff’s Office, No. 22-3032 (7th Cir. 2025)

“Facial-Defense Strikes” under the PLRA: Detailed Commentary on Holmes v. Marion County Sheriff’s Office, No. 22-3032 (7th Cir. 2025)

Date: Jun 23, 2025
“Facial-Defense Strikes” under the Prison Litigation Reform Act Commentary on Holmes v. Marion County Sheriff’s Office, No. 22-3032 (7th Cir. June 20 2025) 1. Introduction The Seventh Circuit’s...
Separating Damages from Fees: Seventh Circuit Clarifies Comparative-Fault Limits on Attorney-Fee Awards in Civil Contempt

Separating Damages from Fees: Seventh Circuit Clarifies Comparative-Fault Limits on Attorney-Fee Awards in Civil Contempt

Date: Jun 23, 2025
Separating Damages from Fees: Seventh Circuit Clarifies Comparative-Fault Limits on Attorney-Fee Awards in Civil Contempt 1. Introduction The Seventh Circuit’s decision in Jacqueline Sterling v....
“Incremental Punishment Re-affirmed”: United States v. Rolando Joel De Leon De Paz and the Seventh Circuit’s Endorsement of Robust Upward Variances for Serial § 1326 Offenders

“Incremental Punishment Re-affirmed”: United States v. Rolando Joel De Leon De Paz and the Seventh Circuit’s Endorsement of Robust Upward Variances for Serial § 1326 Offenders

Date: Jun 23, 2025
“Incremental Punishment Re-affirmed”: United States v. Rolando Joel De Leon De Paz and the Seventh Circuit’s Endorsement of Robust Upward Variances for Serial § 1326 Offenders 1. Introduction United...

First Circuit Tightens Evidentiary Bar for Economic-Loss and Consequential-Damages Awards, and Re-affirms the Narrow “Obstinacy” Standard for Fees: Commentary on Coco Rico, LLC v. Universal Insurance Co.

First Circuit Tightens Evidentiary Bar for Economic-Loss and Consequential-Damages Awards, and Re-affirms the Narrow “Obstinacy” Standard for Fees: Commentary on Coco Rico, LLC v. Universal Insurance Co.

Date: Jun 23, 2025
First Circuit Tightens Evidentiary Bar for Economic-Loss and Consequential-Damages Awards, and Re-affirms the Narrow “Obstinacy” Standard for Fees Introduction In Coco Rico, LLC v. Universal...
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