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  • Commentaries
  • Judgments

affirmation-of-district-court Case Commentaries

"Hours Paid" Means Compensated Hours, Not Overtime Multipliers: The Third Circuit’s Textual Clarification for ERISA Multiemployer Contributions

"Hours Paid" Means Compensated Hours, Not Overtime Multipliers: The Third Circuit’s Textual Clarification for ERISA Multiemployer Contributions

Date: Sep 24, 2025
"Hours Paid" Means Compensated Hours, Not Overtime Multipliers: The Third Circuit’s Textual Clarification for ERISA Multiemployer Contributions Court: U.S. Court of Appeals for the Third Circuit (Not...
Anchoring Criminal History to the Offense of Conviction: Third Circuit Rejects Relevant-Conduct Start Date for §4A1.2(e) Look-Back in United States v. Josey

Anchoring Criminal History to the Offense of Conviction: Third Circuit Rejects Relevant-Conduct Start Date for §4A1.2(e) Look-Back in United States v. Josey

Date: Sep 24, 2025
Anchoring Criminal History to the Offense of Conviction: Third Circuit Rejects Relevant-Conduct Start Date for §4A1.2(e) Look-Back in United States v. Josey Introduction In a precedential opinion...
No Standalone Due‑Process Right to Obtain DNA Electronic Files Outside Court‑Supervised Habeas Discovery: The Fifth Circuit’s Decision in In re Blaine Milam

No Standalone Due‑Process Right to Obtain DNA Electronic Files Outside Court‑Supervised Habeas Discovery: The Fifth Circuit’s Decision in In re Blaine Milam

Date: Sep 24, 2025
No Standalone Due‑Process Right to Obtain DNA Electronic Files Outside Court‑Supervised Habeas Discovery: The Fifth Circuit’s Decision in In re Blaine Milam Introduction In a consolidated capital...
No Due Process Right to Pre‑Habeas Access to Raw DNA Data: Fifth Circuit Upholds Texas’s Court‑Controlled Postconviction Discovery Regime and Rejects § 1983 Mandamus

No Due Process Right to Pre‑Habeas Access to Raw DNA Data: Fifth Circuit Upholds Texas’s Court‑Controlled Postconviction Discovery Regime and Rejects § 1983 Mandamus

Date: Sep 24, 2025
No Due Process Right to Pre‑Habeas Access to Raw DNA Data: Fifth Circuit Upholds Texas’s Court‑Controlled Postconviction Discovery Regime and Rejects § 1983 Mandamus Introduction In Milam v....
Unsealing During Appeal: Fourth Circuit Confirms First Amendment Access to Summary‑Judgment Video Exhibits and Treats Motions to Unseal as Collateral

Unsealing During Appeal: Fourth Circuit Confirms First Amendment Access to Summary‑Judgment Video Exhibits and Treats Motions to Unseal as Collateral

Date: Sep 24, 2025
Unsealing During Appeal: Fourth Circuit Confirms First Amendment Access to Summary‑Judgment Video Exhibits and Treats Motions to Unseal as Collateral Introduction In Gray Media Group, Inc. v....
Trust-Fund Withholdings as “Income from Criminal Activity” Under U.S.S.G. § 2T1.1(b)(1): Fourth Circuit (Unpublished) Affirms Enhancement and Orders Full Resentencing for Rogers Error

Trust-Fund Withholdings as “Income from Criminal Activity” Under U.S.S.G. § 2T1.1(b)(1): Fourth Circuit (Unpublished) Affirms Enhancement and Orders Full Resentencing for Rogers Error

Date: Sep 24, 2025
Trust-Fund Withholdings as “Income from Criminal Activity” Under U.S.S.G. § 2T1.1(b)(1): Fourth Circuit (Unpublished) Affirms Enhancement and Orders Full Resentencing for Rogers Error Introduction...
Uncorroborated Recantations Do Not Justify Coram Nobis: Second Circuit Affirms Denial Without Evidentiary Hearing in Nkansah v. United States

Uncorroborated Recantations Do Not Justify Coram Nobis: Second Circuit Affirms Denial Without Evidentiary Hearing in Nkansah v. United States

Date: Sep 24, 2025
Uncorroborated Recantations Do Not Justify Coram Nobis: Second Circuit Affirms Denial Without Evidentiary Hearing in Nkansah v. United States Court: U.S. Court of Appeals for the Second Circuit...
Oppedisano v. Zur: Second Circuit Reaffirms Loss‑Sharing as Indispensable to Implied Partnerships Under New York Law and Rejects Declaratory Workarounds to Unjust Enrichment Time Bars

Oppedisano v. Zur: Second Circuit Reaffirms Loss‑Sharing as Indispensable to Implied Partnerships Under New York Law and Rejects Declaratory Workarounds to Unjust Enrichment Time Bars

Date: Sep 24, 2025
Oppedisano v. Zur: Second Circuit Reaffirms Loss‑Sharing as Indispensable to Implied Partnerships Under New York Law and Rejects Declaratory Workarounds to Unjust Enrichment Time Bars Note: The...
Foreseeability of Co‑Conspirator Death Threats and Broad Electronic‑Device Search Conditions: The Second Circuit’s Summary Affirmance in United States v. Deloatch

Foreseeability of Co‑Conspirator Death Threats and Broad Electronic‑Device Search Conditions: The Second Circuit’s Summary Affirmance in United States v. Deloatch

Date: Sep 24, 2025
Foreseeability of Co‑Conspirator Death Threats and Broad Electronic‑Device Search Conditions: The Second Circuit’s Summary Affirmance in United States v. Deloatch Note: This decision is a Second...
“Sensitive Places” in the Modern City: Times Square and Public Transit Upheld; Open-Carry Bans and City-Specific Permits Presumptively Constitutional after Bruen

“Sensitive Places” in the Modern City: Times Square and Public Transit Upheld; Open-Carry Bans and City-Specific Permits Presumptively Constitutional after Bruen

Date: Sep 24, 2025
“Sensitive Places” in the Modern City: Times Square and Public Transit Upheld; Open-Carry Bans and City-Specific Permits Presumptively Constitutional after Bruen Introduction In Frey v. City of New...
Entwinement Doesn’t Reach Party Identity: Eleventh Circuit Affirms District Courts May Resolve Disputed LLC Membership on a Rule 12(b)(1) Factual Attack to Determine Diversity

Entwinement Doesn’t Reach Party Identity: Eleventh Circuit Affirms District Courts May Resolve Disputed LLC Membership on a Rule 12(b)(1) Factual Attack to Determine Diversity

Date: Sep 24, 2025
Entwinement Doesn’t Reach Party Identity: Eleventh Circuit Affirms District Courts May Resolve Disputed LLC Membership on a Rule 12(b)(1) Factual Attack to Determine Diversity Introduction In...
No Third-Party Dissemination and Self-Imposed Decisions Do Not Create Article III Standing in FCRA Disputes

No Third-Party Dissemination and Self-Imposed Decisions Do Not Create Article III Standing in FCRA Disputes

Date: Sep 24, 2025
No Third-Party Dissemination and Self-Imposed Decisions Do Not Create Article III Standing in FCRA Disputes Introduction In Lashonda Peeples v. National Data Research, Inc. (d.b.a. Integrascan), No....
"Exceptional Services" Fees May Include Equipment Charges: Connecticut Supreme Court Recasts § 14-63-36c(c) as a Posting Requirement, Not a Labor-Only Cap

"Exceptional Services" Fees May Include Equipment Charges: Connecticut Supreme Court Recasts § 14-63-36c(c) as a Posting Requirement, Not a Labor-Only Cap

Date: Sep 24, 2025
"Exceptional Services" Fees May Include Equipment Charges: Connecticut Supreme Court Recasts § 14-63-36c(c) as a Posting Requirement, Not a Labor-Only Cap Introduction In Modzelewski's Towing &...
State v. Henderson: No Per Se Extreme Emotional Disturbance Instruction in Intimate‑Partner Homicides; Loss of Self‑Control Must Be Shown and Postcrime Evasion Undercuts the Defense

State v. Henderson: No Per Se Extreme Emotional Disturbance Instruction in Intimate‑Partner Homicides; Loss of Self‑Control Must Be Shown and Postcrime Evasion Undercuts the Defense

Date: Sep 24, 2025
State v. Henderson: No Per Se Extreme Emotional Disturbance Instruction in Intimate‑Partner Homicides; Loss of Self‑Control Must Be Shown and Postcrime Evasion Undercuts the Defense Introduction In...
Reasserting the “Light Most Favorable” Mandate and Jury Primacy for Extreme Emotional Disturbance Instructions: Justice Ecker’s Dissent in State v. Henderson

Reasserting the “Light Most Favorable” Mandate and Jury Primacy for Extreme Emotional Disturbance Instructions: Justice Ecker’s Dissent in State v. Henderson

Date: Sep 24, 2025
Reasserting the “Light Most Favorable” Mandate and Jury Primacy for Extreme Emotional Disturbance Instructions: Justice Ecker’s Dissent in State v. Henderson Introduction In State v. Henderson...
Charging Official Cannot Preside: NH Supreme Court Requires Recusal of Fish & Game Executive Director and Confirms Certiorari Review for Volunteer Instructor Revocations

Charging Official Cannot Preside: NH Supreme Court Requires Recusal of Fish & Game Executive Director and Confirms Certiorari Review for Volunteer Instructor Revocations

Date: Sep 20, 2025
Charging Official Cannot Preside: Recusal Required for Agency Head Who Signed Revocation; Certiorari Is the Proper Review Path Introduction In Petition of Dean, 2025 N.H 44, the New Hampshire Supreme...
Independent Source Doctrine Purges Taint of Unlawful Cell-Phone Seizure: Commentary on State v. Rodriguez, 2025 N.H. 43

Independent Source Doctrine Purges Taint of Unlawful Cell-Phone Seizure: Commentary on State v. Rodriguez, 2025 N.H. 43

Date: Sep 20, 2025
Independent Source Doctrine Purges Taint of Unlawful Cell-Phone Seizure: State v. Rodriguez, 2025 N.H. 43 Introduction In State v. Rodriguez, 2025 N.H. 43, the Supreme Court of New Hampshire affirmed...
Fixing the Real Party in Interest at Filing and Limiting Rule 41(b) Dismissals: Vermont Supreme Court Clarifies Rule 17(a)/Rule 25(c) Framework in Ditech Financial LLC v. Brisson (2025 VT 54)

Fixing the Real Party in Interest at Filing and Limiting Rule 41(b) Dismissals: Vermont Supreme Court Clarifies Rule 17(a)/Rule 25(c) Framework in Ditech Financial LLC v. Brisson (2025 VT 54)

Date: Sep 20, 2025
Fixing the Real Party in Interest at Filing and Limiting Rule 41(b) Dismissals: Vermont Supreme Court Clarifies Rule 17(a)/Rule 25(c) Framework in Ditech Financial LLC v. Brisson (2025 VT 54)...
New Hampshire Narrows Crime-Fraud Exception to Intended Fraud and Confirms Common-Interest Privilege Requires Pending Litigation

New Hampshire Narrows Crime-Fraud Exception to Intended Fraud and Confirms Common-Interest Privilege Requires Pending Litigation

Date: Sep 17, 2025
New Hampshire Narrows Crime-Fraud Exception to Intended Fraud and Confirms Common-Interest Privilege Requires Pending Litigation Introduction In Atl. Anesthesia, P.A. v. Lehrer, 2025 N.H. 42, the...
No “Neighborhood Expert” Workaround: Connecticut Treats Euphemistic Gang Testimony as Inadmissible Absent Foundation and Significant Probative Value — Commentary on State v. Dixon (Conn. 2025)

No “Neighborhood Expert” Workaround: Connecticut Treats Euphemistic Gang Testimony as Inadmissible Absent Foundation and Significant Probative Value — Commentary on State v. Dixon (Conn. 2025)

Date: Sep 17, 2025
No “Neighborhood Expert” Workaround: Connecticut Treats Euphemistic Gang Testimony as Inadmissible Absent Foundation and Significant Probative Value Case: State v. Dixon, Supreme Court of...
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