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  • Commentaries
  • Judgments

affirmation-of-district-court Case Commentaries

Strategic Acceptance Is Waiver: Agreeing to a Loss Figure Forecloses §2B1.1 Causation Challenges in the Seventh Circuit

Strategic Acceptance Is Waiver: Agreeing to a Loss Figure Forecloses §2B1.1 Causation Challenges in the Seventh Circuit

Date: Oct 19, 2025
Strategic Acceptance Is Waiver: Agreeing to a Loss Figure Forecloses §2B1.1 Causation Challenges in the Seventh Circuit Introduction In United States v. Kenneth D. Courtright, the Seventh Circuit...
Collective Knowledge and Stash‑House Nexus Suffice for a Vehicle Stop: United States v. Amado (1st Cir. 2025)

Collective Knowledge and Stash‑House Nexus Suffice for a Vehicle Stop: United States v. Amado (1st Cir. 2025)

Date: Oct 19, 2025
Collective Knowledge and Stash‑House Nexus Suffice for a Vehicle Stop: United States v. Amado (1st Cir. 2025) Introduction In United States v. Amado, the First Circuit affirmed both the convictions...
Two Edge Departures in 18 Seconds: Vermont Clarifies Reasonable Suspicion for DUI Stops on Unmarked Roads

Two Edge Departures in 18 Seconds: Vermont Clarifies Reasonable Suspicion for DUI Stops on Unmarked Roads

Date: Oct 19, 2025
Two Edge Departures in 18 Seconds: Vermont Clarifies Reasonable Suspicion for DUI Stops on Unmarked Roads Introduction In State v. Karen Norton, 2025 VT 56, the Vermont Supreme Court addressed when...
Finality of Arbitration Confirmation Judgments Triggers Utah’s Eight‑Year Expiration; Insurers Must Defend Amid Genuine Cancellation Disputes

Finality of Arbitration Confirmation Judgments Triggers Utah’s Eight‑Year Expiration; Insurers Must Defend Amid Genuine Cancellation Disputes

Date: Oct 19, 2025
Finality of Arbitration Confirmation Judgments Triggers Utah’s Eight‑Year Expiration; Insurers Must Defend Amid Genuine Cancellation Disputes Introduction In Farm Bureau Mutual Insurance Co. v....
Speculative Timing Concerns Do Not Justify Bypassing the District Court: Utah Supreme Court Clarifies Rule 19 Gatekeeping for Extraordinary Relief in Initiative Disputes

Speculative Timing Concerns Do Not Justify Bypassing the District Court: Utah Supreme Court Clarifies Rule 19 Gatekeeping for Extraordinary Relief in Initiative Disputes

Date: Oct 19, 2025
Speculative Timing Concerns Do Not Justify Bypassing the District Court: Utah Supreme Court Clarifies Rule 19 Gatekeeping for Extraordinary Relief in Initiative Disputes Introduction In Maxfield v....
Article IX(a) Grants a Right to Seek, Not a Right to Divert: Utah May Enforce Its Export Statute and Require Evidence of Beneficial Use in the Recipient State

Article IX(a) Grants a Right to Seek, Not a Right to Divert: Utah May Enforce Its Export Statute and Require Evidence of Beneficial Use in the Recipient State

Date: Oct 19, 2025
Article IX(a) Grants a Right to Seek, Not a Right to Divert: Utah May Enforce Its Export Statute and Require Evidence of Beneficial Use in the Recipient State Introduction In Water Horse Resources,...
Mandate Means Mandate: Limited Remand to the Existing Record and the Non‑Dispositive Role of “Abiding Scheme” Evidence in Nebraska Will Contests

Mandate Means Mandate: Limited Remand to the Existing Record and the Non‑Dispositive Role of “Abiding Scheme” Evidence in Nebraska Will Contests

Date: Oct 19, 2025
Mandate Means Mandate: Limited Remand to the Existing Record and the Non‑Dispositive Role of “Abiding Scheme” Evidence in Nebraska Will Contests Introduction In In re Estate of Walker, 320 Neb. 139...
Nebraska Supreme Court adopts four alternative measures for restitution in unjust enrichment and reaffirms indefiniteness bar to oral renovation agreements: Morris v. Dall

Nebraska Supreme Court adopts four alternative measures for restitution in unjust enrichment and reaffirms indefiniteness bar to oral renovation agreements: Morris v. Dall

Date: Oct 19, 2025
Morris v. Dall: Nebraska Supreme Court adopts Restatement (Third) § 49’s four measures of restitution and reaffirms that indefinite oral renovation agreements are unenforceable Introduction In Morris...
No Recantation, No Brady: Delaware Supreme Court Holds That a Victim’s “Drop the Charges” Affidavit Is Not a Recantation and Reaffirms That DNA Is Not Required to Sustain a Rape Conviction

No Recantation, No Brady: Delaware Supreme Court Holds That a Victim’s “Drop the Charges” Affidavit Is Not a Recantation and Reaffirms That DNA Is Not Required to Sustain a Rape Conviction

Date: Oct 18, 2025
No Recantation, No Brady: Delaware Supreme Court Holds That a Victim’s “Drop the Charges” Affidavit Is Not a Recantation and Reaffirms That DNA Is Not Required to Sustain a Rape Conviction...
Delaware Supreme Court Clarifies: No Duty to Disclose Preexisting Internal Projections and No Material Omission When Undisclosed Forecast Falls Within a Disclosed Range

Delaware Supreme Court Clarifies: No Duty to Disclose Preexisting Internal Projections and No Material Omission When Undisclosed Forecast Falls Within a Disclosed Range

Date: Oct 18, 2025
Internal Projections That Pre-Date a Solicitation and Fall Within a Disclosed Range Are Not Material Omissions Delaware Supreme Court affirms dismissal in Van den Wildenberg v. Sign‑Zone, refining...
Third Circuit Holds FLSA § 216(b) Does Not Bar Release of Unasserted FLSA Claims in Rule 23 Opt‑Out Settlements

Third Circuit Holds FLSA § 216(b) Does Not Bar Release of Unasserted FLSA Claims in Rule 23 Opt‑Out Settlements

Date: Oct 18, 2025
Third Circuit Holds FLSA § 216(b) Does Not Bar Release of Unasserted FLSA Claims in Rule 23 Opt‑Out Settlements Case: Graham Lundeen v. 10 West Ferry Street Operations LLC d/b/a Logan Inn, No....
No Count-by-Count Cure: Fifth Circuit Requires Dismissal of the Entire Indictment When Any Count Violates the Sixth Amendment Speedy Trial Right

No Count-by-Count Cure: Fifth Circuit Requires Dismissal of the Entire Indictment When Any Count Violates the Sixth Amendment Speedy Trial Right

Date: Oct 18, 2025
No Count-by-Count Cure: Fifth Circuit Requires Dismissal of the Entire Indictment When Any Count Violates the Sixth Amendment Speedy Trial Right Introduction In Berryman v. Huffman, No. 23-60627 (5th...
Predicate-Conviction-Specific Bruen Analysis: Fifth Circuit Remands § 922(g)(1) As-Applied Challenge in United States v. Smith

Predicate-Conviction-Specific Bruen Analysis: Fifth Circuit Remands § 922(g)(1) As-Applied Challenge in United States v. Smith

Date: Oct 18, 2025
Predicate-Conviction-Specific Bruen Analysis: Fifth Circuit Remands § 922(g)(1) As-Applied Challenge in United States v. Smith Court: United States Court of Appeals for the Fifth Circuit Date:...
Removal Waives Eleventh Amendment Immunity, Not General Sovereign Immunity; Equal Protection § 1983 Claims Require Specific Comparators and Impermissible Motive — Commentary on Bell v. University of the State of N.Y. (2d Cir. 2025)

Removal Waives Eleventh Amendment Immunity, Not General Sovereign Immunity; Equal Protection § 1983 Claims Require Specific Comparators and Impermissible Motive — Commentary on Bell v. University of the State of N.Y. (2d Cir. 2025)

Date: Oct 18, 2025
Removal Waives Eleventh Amendment Immunity, Not General Sovereign Immunity; Equal Protection § 1983 Claims Require Specific Comparators and Impermissible Motive Case: Bell v. University of the State...
“Notice + Barricades” Suffice: Second Circuit Affirms No Jones Act Negligence or Unseaworthiness for a Temporarily Open Hatch, and Rejects Case-Dispositive Spoliation Sanctions

“Notice + Barricades” Suffice: Second Circuit Affirms No Jones Act Negligence or Unseaworthiness for a Temporarily Open Hatch, and Rejects Case-Dispositive Spoliation Sanctions

Date: Oct 18, 2025
“Notice + Barricades” Suffice: Second Circuit Affirms No Jones Act Negligence or Unseaworthiness for a Temporarily Open Hatch, and Rejects Case-Dispositive Spoliation Sanctions Court: U.S. Court of...
Second Circuit Reaffirms Three-Year Limitations and Narrow Continuing-Violation Doctrine for Title IX Claims; Upholds Early Conversion to Summary Judgment in Pund v. St. Francis College

Second Circuit Reaffirms Three-Year Limitations and Narrow Continuing-Violation Doctrine for Title IX Claims; Upholds Early Conversion to Summary Judgment in Pund v. St. Francis College

Date: Oct 18, 2025
Second Circuit Reaffirms Three-Year Limitations and Narrow Continuing-Violation Doctrine for Title IX Claims; Upholds Early Conversion to Summary Judgment in Pund v. St. Francis College Court: U.S....
No Habeas-by-Compassionate-Release: Second Circuit Affirms Denial Based on § 3553(a) and Individualized Circumstances in United States v. Andrews

No Habeas-by-Compassionate-Release: Second Circuit Affirms Denial Based on § 3553(a) and Individualized Circumstances in United States v. Andrews

Date: Oct 18, 2025
No Habeas-by-Compassionate-Release: Second Circuit Affirms Denial Based on § 3553(a) and Individualized Circumstances in United States v. Andrews Court: U.S. Court of Appeals for the Second Circuit...
Reliable Hearsay and Foreign Seizure Evidence Are Sufficient To Support a 450-Kilogram Drug-Quantity Finding at Sentencing

Reliable Hearsay and Foreign Seizure Evidence Are Sufficient To Support a 450-Kilogram Drug-Quantity Finding at Sentencing

Date: Oct 18, 2025
Reliable Hearsay and Foreign Seizure Evidence Are Sufficient To Support a 450-Kilogram Drug-Quantity Finding at Sentencing Introduction In United States v. Francisco Javier Montano-Ortiz, the...
Clarifying MDLEA Statelessness: “Captain” Inquiry Plus Opportunity to Claim Nationality Suffices; EEZ Counts as “High Seas” Under the Felonies Clause

Clarifying MDLEA Statelessness: “Captain” Inquiry Plus Opportunity to Claim Nationality Suffices; EEZ Counts as “High Seas” Under the Felonies Clause

Date: Oct 18, 2025
Clarifying MDLEA Statelessness: “Captain” Inquiry Plus Opportunity to Claim Nationality Suffices; EEZ Counts as “High Seas” Under the Felonies Clause Introduction This consolidated, unpublished...
Asking “Captain” Is Enough: EEZ-as-High-Seas and Proof of Statelessness under the MDLEA in United States v. Guerrero‑Rosario

Asking “Captain” Is Enough: EEZ-as-High-Seas and Proof of Statelessness under the MDLEA in United States v. Guerrero‑Rosario

Date: Oct 18, 2025
Asking “Captain” Is Enough: EEZ-as-High-Seas and Proof of Statelessness under the MDLEA in United States v. Guerrero‑Rosario Court: U.S. Court of Appeals for the Eleventh Circuit (Non-Argument...
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