affirmation-of-district-court Case Commentaries

Clear-Error Review of “Exceptional and Extremely Unusual Hardship” and Continued Reliance on Monreal-Aguinaga Post-Loper Bright: Flores-Rueda v. Bondi

Date: Oct 16, 2025

Clear-Error Review of “Exceptional and Extremely Unusual Hardship” and Continued Reliance on Monreal-Aguinaga Post-Loper Bright: Flores-Rueda v. Bondi Introduction This commentary examines the Second...

Second Circuit reaffirms that vague internal complaints are not “protected activity” under Title VII and that comparators sharing the same protected traits undermine an inference of discriminatory motive

Date: Oct 16, 2025

Second Circuit reaffirms that vague internal complaints are not “protected activity” under Title VII and that comparators sharing the same protected traits undermine an inference of discriminatory...

Second Circuit Reaffirms: Documented Financial Restructuring and Outsourcing Can Defeat ADEA Pretext at Summary Judgment

Date: Oct 16, 2025

Second Circuit Reaffirms: Documented Financial Restructuring and Outsourcing Can Defeat ADEA Pretext at Summary Judgment Case: Tillman v. Grenadier Realty Corp., No. 24-2325-cv (2d Cir. Oct. 14,...

Clarifying IDEA Remand Scope and Procedural Violations: Second Circuit Summary Order on Bilingual Services, IEP Gaps, and Compensatory Education Timing

Date: Oct 16, 2025

Clarifying IDEA Remand Scope and Procedural Violations: Second Circuit Summary Order on Bilingual Services, IEP Gaps, and Compensatory Education Timing Introduction Case: Y.S. v. New York City...

Second Circuit (Non-Precedential) Guidance on Successive Summary Judgment Motions and Relation-Forward Appellate Jurisdiction in Pro Se Prisoner Litigation

Date: Oct 16, 2025

Second Circuit (Non-Precedential) Guidance on Successive Summary Judgment Motions and Relation-Forward Appellate Jurisdiction in Pro Se Prisoner Litigation Note on precedential weight: This is a...

Unnecessary Pain Suffices: Eleventh Circuit Clarifies Causation and Deems Repeated “Submit Another Sick Call” Amid Known Futility Potentially Unreasonable in Eighth Amendment Medical-Indifference Claims

Date: Oct 16, 2025

Unnecessary Pain Suffices: Eleventh Circuit Clarifies Causation and Deems Repeated “Submit Another Sick Call” Amid Known Futility Potentially Unreasonable in Eighth Amendment Medical-Indifference...

Deterrence, Not Retribution: Generic “Punishment” Language at Revocation Does Not, Without More, Establish Plain-Error Reliance on § 3553(a)(2)(A) — United States v. Hunter (11th Cir. 2025)

Date: Oct 16, 2025

Deterrence, Not Retribution: Generic “Punishment” Language at Revocation Does Not, Without More, Establish Plain-Error Reliance on § 3553(a)(2)(A) United States v. Keenan Devron Hunter (11th Cir....

Deterrence, Not Retribution, at Supervised-Release Revocation: Ambiguous “Punishment” Remarks Do Not Establish Plain Error Post-Esteras

Date: Oct 16, 2025

Deterrence, Not Retribution, at Supervised-Release Revocation: Ambiguous “Punishment” Remarks Do Not Establish Plain Error Post-Esteras Introduction In United States v. Keenan Devron Hunter, Nos....

Due Process Requires Oral Pronouncement (or Incorporation by Reference) of Discretionary Supervised‑Release Conditions; Appeal Waiver Does Not Compel Dismissal When the Written Judgment Conflicts with the Oral Sentence

Date: Oct 16, 2025

Due Process Requires Oral Pronouncement (or Incorporation by Reference) of Discretionary Supervised‑Release Conditions; Appeal Waiver Does Not Compel Dismissal When the Written Judgment Conflicts...

“Vulgarity Trumps Politics” in the Schoolhouse: Sixth Circuit Upholds Bans on Euphemistic Political Slogans under Fraser

Date: Oct 16, 2025

“Vulgarity Trumps Politics” in the Schoolhouse: Sixth Circuit Upholds Bans on Euphemistic Political Slogans under Fraser Introduction In B. A. v. Tri-County Area Schools, No. 24-1769 (6th Cir. Oct....

No Chronological Preference for Conflicting ABG Studies: Sixth Circuit Reaffirms Deference to ALJ Credibility Findings and Month‑of‑Filing Onset Under the BLBA

Date: Oct 16, 2025

No Chronological Preference for Conflicting ABG Studies: Sixth Circuit Reaffirms Deference to ALJ Credibility Findings and Month‑of‑Filing Onset Under the BLBA Introduction In Cumberland River Coal...

Sixth Circuit Adopts Sentencing‑Package Doctrine for First Step Act §404: Non‑Covered Counts May Be Reduced When Interdependent with Covered Offenses

Date: Oct 16, 2025

Sixth Circuit Adopts Sentencing‑Package Doctrine for First Step Act §404: Non‑Covered Counts May Be Reduced When Interdependent with Covered Offenses Introduction In United States v. Edward Dale, a...

Sixth Circuit Endorses Sentencing-Package Resentencing Under the First Step Act: Non‑Covered Counts May Be Reduced Only If Interdependent (United States v. Polk)

Date: Oct 16, 2025

Sixth Circuit Endorses Sentencing-Package Resentencing Under the First Step Act: Non‑Covered Counts May Be Reduced Only If Interdependent (United States v. Polk) Introduction In United States v. Gene...

Sixth Circuit Adopts Sentencing‑Package Doctrine for First Step Act Resentencings: Non‑Covered Offenses May Be Reduced Only If Interdependent with a Covered Offense

Date: Oct 16, 2025

Sixth Circuit Adopts Sentencing‑Package Doctrine for First Step Act Resentencings: Non‑Covered Offenses May Be Reduced Only If Interdependent with a Covered Offense Introduction In United States v....

Sixth Circuit Adopts Sentencing‑Package Doctrine for First Step Act § 404: Non‑Covered Counts May Be Reduced Only If Interdependent With a Covered Offense

Date: Oct 16, 2025

Sixth Circuit Adopts Sentencing‑Package Doctrine for First Step Act § 404: Non‑Covered Counts May Be Reduced Only If Interdependent With a Covered Offense Introduction In United States v. John Gordon...

Dangerousness, Not Youth or Time Served: Sixth Circuit Applies Williams to Reject As-Applied § 922(g)(1) Challenge and Affirms Upward Variance in United States v. Tucker

Date: Oct 16, 2025

Dangerousness, Not Youth or Time Served: Sixth Circuit Applies Williams to Reject As-Applied § 922(g)(1) Challenge and Affirms Upward Variance in United States v. Tucker Court: United States Court of...

Plain View Through a One‑Inch Curtain Gap: Tenth Circuit Rules Motel Exterior Walkways Are Not Curtilage and Unaided Peering Is Not a Search

Date: Oct 16, 2025

Plain View Through a One‑Inch Curtain Gap: Tenth Circuit Rules Motel Exterior Walkways Are Not Curtilage and Unaided Peering Is Not a Search Case: United States v. Watkins, No. 23-6210 (10th Cir....

Independent Decisionmaker Doctrine Refined: Eleventh Circuit Clarifies § 1983 Causation When Police Issue Trespass Warnings and Make Arrests

Date: Oct 16, 2025

Independent Decisionmaker Doctrine Refined: Eleventh Circuit Clarifies § 1983 Causation When Police Issue Trespass Warnings and Make Arrests Introduction In Olivia Coley-Pearson v. Emily Misty...

Any Overlap Triggers the Single-Refiling Bar: Seventh Circuit Affirms Strict Application of Illinois’s Savings Statute in Singer v. City of Chicago

Date: Oct 16, 2025

Any Overlap Triggers the Single-Refiling Bar: Seventh Circuit Affirms Strict Application of Illinois’s Savings Statute in Singer v. City of Chicago Introduction In Brian S. Singer v. City of Chicago,...

Humphreys v. Emmons: A Blueprint for an “Extreme Juror Misconduct” Exception to the No‑Impeachment Rule and a Clarification that AEDPA Deference Does Not Govern the Federal Cause‑and‑Prejudice Inquiry

Date: Oct 16, 2025

Humphreys v. Emmons: A Blueprint for an “Extreme Juror Misconduct” Exception to the No‑Impeachment Rule and a Clarification that AEDPA Deference Does Not Govern the Federal Cause‑and‑Prejudice...

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