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The Business-Judgment Shield in Legal-Malpractice “Case-Within-a-Case” Analysis: Sixth Circuit Clarifies Causation Requirements in Shufeldt v. Baker Donelson 1. Introduction This commentary addresses...
Rule 32(h) Notice and Unconditional-Plea Waiver Clarified: Commentary on United States v. Tyjuan Devon Gray, Nos. 24-1507/1553/1577 (6th Cir. Aug. 15, 2025) I. Introduction The consolidated appeal in...
“Reasonable Notice” Redefined: The Sixth Circuit’s Flexible Approach to Rule 32(h) Upward Departures in United States v. Tyjuan Devon Gray Introduction On 15 August 2025, the United States Court of...
United States v. Gray – Sixth Circuit Clarifies Rule 32(h) Notice Standards and the Scope of Waiver Following an Unconditional Guilty Plea Introduction On 15 August 2025 the United States Court of...
No Qualified Immunity Without Discretionary Authority: Eleventh Circuit Fortifies First-Amendment Protection in School-Board Forums Commentary on Arthur Huggins v. School District of Manatee County,...
“Jet-Bridge Seizures” and Municipal Accountability: The New Fourth-Amendment Framework from Andre v. Clayton County I. Introduction On 15 August 2025 the Eleventh Circuit published its decision in...
Harley-Davidson Warranty Litigation: Seventh Circuit Narrows Magnuson-Moss Anti-Tying Reach and Reinforces Rigorous Market-Definition Standards 1. Introduction On 15 August 2025 the United States...
The “Strickland Doctrine” Clarifying Due-Process, Equal-Protection, and Sealing Standards for Federal Judiciary Employees 1. Introduction In Caryn Strickland v. Nancy Moritz, the Court of Appeals for...
The “Pass-Through Speech” Doctrine: Fourth Circuit Invalidates Maryland’s Digital-Advertising Tax Gag Clause Introduction Chamber of Commerce of the United States v. Brooke Lierman is the latest...
Unlicensed Firearms Dealing as “Illicit Trafficking”: Fourth-Circuit Affirms § 922(a)(1)(A) as an Aggravated Felony under INA § 1101(a)(43)(C) Introduction Genovevo Alvarez Ronquillo v. Pamela Bondi...
FRE 601 Trumps: Fourth Circuit Holds that State Expert-Qualification Rules Govern Medical-Malpractice Elements in Federal Court 1. Introduction In Manuel Moreno v. Dr. Carol C. Bosholm, Nos....
Federal Rule of Evidence 601 Mandates Application of State Expert-Competency Rules in Federal Medical-Malpractice Actions: A Commentary on Manuel Moreno v. Carol Bosholm (4th Cir. 2025) 1....
Time-of-Conviction Prevails: Fourth Circuit Clarifies “Controlled Substance Offense” Analysis and Upholds Use of Virginia § 18.2-248 and 21 U.S.C. § 841(a)(1) Convictions for Career-Offender Status...
Extending the § 362(b)(4) Police & Regulatory Power Exception to Private-Party Contempt Motions Commentary on Cory Markham v. Auto Cycle Exchange Services, Inc., BAP No. CO-24-19 (10th Cir. BAP Aug....
United States v. Simmons: Tenth Circuit Clarifies that § 844 Recidivist Felony Possession—Not Subject to the Categorical Approach—Can Support the § 2K2.1(b)(6)(B) Firearm-Drug Enhancement 1....
Community-Caretaking Revisited: United States v. Ulibarri Affirms Opperman Primacy and Validates Mixed-Motive Vehicle Impoundments 1. Introduction In United States v. Ulibarri, No. 24-2080 (10th Cir....
“Bivens Survives the Inspector General Act” A Comprehensive Commentary on Arias v. Herzon, No. 23-1618 (1st Cir. 2025) 1. Introduction Arias v. Herzon presented the U.S. Court of Appeals for the...
“Reasonable Prediction” Prevails: Hussey v. City of Cambridge and the First Circuit’s Reinforcement of Deference to Law-Enforcement Employers in Social-Media Speech 1. Introduction In Hussey v. City...
The “Indirect-Supplier” Doctrine: First Circuit Clarifies Duty to Disclose Supply-Chain Risks in Securities Fraud Actions Introduction In State Teachers Retirement System of Ohio v. Charles River...
“Pending-Litigation Abeyance” Doctrine: Sullivan v. Baker Ranches and the State Engineer’s Discretion to Suspend Water-Rights Investigations 1. Introduction Case: Sullivan, P.E. v. Baker Ranches,...