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affirmation-of-illinois-central-railroad& Case Commentaries

“Life Minus Months Still Equals Life”: Second Circuit Reaffirms § 3583(h) Supervised-Release Calculus for § 2252A Revocations and Enforces Oral-Pronouncement Rule

“Life Minus Months Still Equals Life”: Second Circuit Reaffirms § 3583(h) Supervised-Release Calculus for § 2252A Revocations and Enforces Oral-Pronouncement Rule

Date: Oct 10, 2025
“Life Minus Months Still Equals Life”: Second Circuit Reaffirms § 3583(h) Supervised-Release Calculus for § 2252A Revocations and Enforces Oral-Pronouncement Rule Note on precedential status: This...
No FTCA Waiver When Vermont Workers’ Compensation Covers Multi‑Employer Injuries: Coverage by Any Employer Preserves Exclusive-Remedy Immunity for Federal “Statutory Employers”

No FTCA Waiver When Vermont Workers’ Compensation Covers Multi‑Employer Injuries: Coverage by Any Employer Preserves Exclusive-Remedy Immunity for Federal “Statutory Employers”

Date: Oct 10, 2025
No FTCA Waiver When Vermont Workers’ Compensation Covers Multi‑Employer Injuries: Coverage by Any Employer Preserves Exclusive-Remedy Immunity for Federal “Statutory Employers” Case: Williams v....
Clark v. Valletta: Second Circuit Holds No Clearly Established Right to Specific Gender-Dysphoria Treatments; Qualified Immunity Applies and Objective Reasonableness Remains Distinct

Clark v. Valletta: Second Circuit Holds No Clearly Established Right to Specific Gender-Dysphoria Treatments; Qualified Immunity Applies and Objective Reasonableness Remains Distinct

Date: Oct 10, 2025
Clark v. Valletta: No Clearly Established Right to Specific Gender-Dysphoria Treatments; Objective Reasonableness Remains Distinct in Eighth Amendment Qualified Immunity Introduction In Clark v....
Fair Use Shields Satirical Broadcasts of Commissioned Cameo Videos; No Bad-Faith Bar, and Platform Terms Not Enforceable by Creators Absent Express Third-Party-Beneficiary Status

Fair Use Shields Satirical Broadcasts of Commissioned Cameo Videos; No Bad-Faith Bar, and Platform Terms Not Enforceable by Creators Absent Express Third-Party-Beneficiary Status

Date: Oct 10, 2025
Fair Use Shields Satirical Broadcasts of Commissioned Cameo Videos; No Bad-Faith Bar, and Platform Terms Not Enforceable by Creators Absent Express Third-Party-Beneficiary Status Case: Santos v....
Pleading Across Proceedings: Second Circuit Endorses Use of Other-Case Allegations (Rule 11–Limited) and Narrows “Storm Warnings” for Securities Act Timeliness — Commentary on Sherman v. Abengoa, S.A. (2d Cir. 2025)

Pleading Across Proceedings: Second Circuit Endorses Use of Other-Case Allegations (Rule 11–Limited) and Narrows “Storm Warnings” for Securities Act Timeliness — Commentary on Sherman v. Abengoa, S.A. (2d Cir. 2025)

Date: Oct 10, 2025
Pleading Across Proceedings: Second Circuit Endorses Use of Other-Case Allegations (Rule 11–Limited) and Narrows “Storm Warnings” for Securities Act Timeliness — Commentary on Sherman v. Abengoa,...
Bad‑Faith, Post‑Auction Chapter 13 Filings Can Justify Retroactive Annulment of the Automatic Stay: Eleventh Circuit’s Clarification in Smith v. Shoma Homes

Bad‑Faith, Post‑Auction Chapter 13 Filings Can Justify Retroactive Annulment of the Automatic Stay: Eleventh Circuit’s Clarification in Smith v. Shoma Homes

Date: Oct 10, 2025
Bad‑Faith, Post‑Auction Chapter 13 Filings Can Justify Retroactive Annulment of the Automatic Stay: Eleventh Circuit’s Clarification in Smith v. Shoma Homes Case: Marisa Smith v. Shoma Homes at...
Guilty Plea Is Not Enough: Eleventh Circuit Affirms Denial of §3E1.1 Acceptance Reduction Where Post‑Plea Conduct Undermines Responsibility (United States v. Leszczynski)

Guilty Plea Is Not Enough: Eleventh Circuit Affirms Denial of §3E1.1 Acceptance Reduction Where Post‑Plea Conduct Undermines Responsibility (United States v. Leszczynski)

Date: Oct 10, 2025
Guilty Plea Is Not Enough: Eleventh Circuit Affirms Denial of §3E1.1 Acceptance Reduction Where Post‑Plea Conduct Undermines Responsibility Introduction In United States v. Alexander Leszczynski...
Rule 11 Colloquy Cures Counsel’s Sentencing Misadvice: Eleventh Circuit Affirms Denial of Plea Withdrawal in United States v. Walden

Rule 11 Colloquy Cures Counsel’s Sentencing Misadvice: Eleventh Circuit Affirms Denial of Plea Withdrawal in United States v. Walden

Date: Oct 10, 2025
Rule 11 Colloquy Cures Counsel’s Sentencing Misadvice: Eleventh Circuit Affirms Denial of Plea Withdrawal in United States v. Walden Introduction In United States v. Walden (11th Cir. Oct. 6, 2025)...
Dealer Noncompliance Is Irrelevant to § 922(a)(6); Serial-Number Enhancement Requires No Knowledge: United States v. Woozencroft (11th Cir. 2025)

Dealer Noncompliance Is Irrelevant to § 922(a)(6); Serial-Number Enhancement Requires No Knowledge: United States v. Woozencroft (11th Cir. 2025)

Date: Oct 10, 2025
Dealer Noncompliance Is Irrelevant to § 922(a)(6); Serial-Number Enhancement Requires No Knowledge: United States v. Woozencroft (11th Cir. 2025) Court: U.S. Court of Appeals for the Eleventh Circuit...
Broad “In Connection With” Nexus and Fraud-Related Character of § 843(a)(3) Drug Diversion Trigger Mandatory Exclusion Under 42 U.S.C. § 1320a‑7(a)(3)

Broad “In Connection With” Nexus and Fraud-Related Character of § 843(a)(3) Drug Diversion Trigger Mandatory Exclusion Under 42 U.S.C. § 1320a‑7(a)(3)

Date: Oct 10, 2025
Broad “In Connection With” Nexus and Fraud-Related Character of § 843(a)(3) Drug Diversion Trigger Mandatory Exclusion Under 42 U.S.C. § 1320a‑7(a)(3) Court: United States Court of Appeals for the...
TCPA’s “Any Person” Robocall Ban Does Not Reach State Legislators Performing Legitimate Official Functions: Third Circuit Sets a Federalism-Grounded Limitation

TCPA’s “Any Person” Robocall Ban Does Not Reach State Legislators Performing Legitimate Official Functions: Third Circuit Sets a Federalism-Grounded Limitation

Date: Oct 10, 2025
TCPA’s “Any Person” Robocall Ban Does Not Reach State Legislators Performing Legitimate Official Functions Commentary on Andrew R. Perrong v. Matthew Bradford, No. 24-1925 (3d Cir. Oct. 6, 2025)...
No Review Means No Review: Third Circuit Holds IRA § 1320f-7(2) Bars Challenges to CMS’s Product-Grouping and Other Steps in Drug Selection, and Upholds Guidance-Only Implementation Through 2028

No Review Means No Review: Third Circuit Holds IRA § 1320f-7(2) Bars Challenges to CMS’s Product-Grouping and Other Steps in Drug Selection, and Upholds Guidance-Only Implementation Through 2028

Date: Oct 10, 2025
No Review Means No Review: Third Circuit Holds IRA § 1320f-7(2) Bars Challenges to CMS’s Product-Grouping and Other Steps in Drug Selection, and Upholds Guidance-Only Implementation Through 2028...
Default as Accrual: Fifth Circuit Reaffirms That a Borrower’s Default Starts the Clock on Texas Fraud Claims; Tolling and Conspiracy Claims Can Be Dismissed on the Pleadings

Default as Accrual: Fifth Circuit Reaffirms That a Borrower’s Default Starts the Clock on Texas Fraud Claims; Tolling and Conspiracy Claims Can Be Dismissed on the Pleadings

Date: Oct 10, 2025
Default as Accrual: Fifth Circuit Reaffirms That a Borrower’s Default Starts the Clock on Texas Fraud Claims; Tolling and Conspiracy Claims Can Be Dismissed on the Pleadings Introduction In McGrath...
Honest-Belief, Not Exhaustive Investigation: Sixth Circuit Clarifies Pretext Analysis and Comparator Severity in ADA/PWDCRA and Michigan WDCA Retaliation Cases

Honest-Belief, Not Exhaustive Investigation: Sixth Circuit Clarifies Pretext Analysis and Comparator Severity in ADA/PWDCRA and Michigan WDCA Retaliation Cases

Date: Oct 10, 2025
Honest-Belief, Not Exhaustive Investigation: Sixth Circuit Clarifies Pretext Analysis and Comparator Severity in ADA/PWDCRA and Michigan WDCA Retaliation Cases Case: Daniel Welch v. Heart Truss &...
Safety-Based Union Discretion: Sixth Circuit Affirms No DFR Breach When Union Declines to Grieve Termination Based on Credible Workplace-Safety Concerns

Safety-Based Union Discretion: Sixth Circuit Affirms No DFR Breach When Union Declines to Grieve Termination Based on Credible Workplace-Safety Concerns

Date: Oct 10, 2025
Safety-Based Union Discretion: Sixth Circuit Affirms No DFR Breach When Union Declines to Grieve Termination Based on Credible Workplace-Safety Concerns Case: Thomas Schramm v. Neenah Paper Michigan,...
Sixth Circuit Confirms District Courts May Deny Amendment 821 Reductions and Maintain Above-Amended-Guidelines Sentences with an Adequate § 3553(a) Explanation

Sixth Circuit Confirms District Courts May Deny Amendment 821 Reductions and Maintain Above-Amended-Guidelines Sentences with an Adequate § 3553(a) Explanation

Date: Oct 10, 2025
Sixth Circuit Confirms District Courts May Deny Amendment 821 Reductions and Maintain Above-Amended-Guidelines Sentences with an Adequate § 3553(a) Explanation Introduction United States v. Luster is...
No-Hindsight Review and the Alignment of Rule 23(a) and Rule 23(e): The Sixth Circuit Affirms a Global Settlement of Michigan “Home-Equity Theft” Claims

No-Hindsight Review and the Alignment of Rule 23(a) and Rule 23(e): The Sixth Circuit Affirms a Global Settlement of Michigan “Home-Equity Theft” Claims

Date: Oct 10, 2025
No-Hindsight Review and the Alignment of Rule 23(a) and Rule 23(e): The Sixth Circuit Affirms a Global Settlement of Michigan “Home-Equity Theft” Claims Introduction This appeal arises from a...
"Fairness Is Judged at the Time of Settlement": Sixth Circuit Affirms Arm’s‑Length, Pro Rata Class Settlement and Rejects Unproven “Reverse Auction” Allegations in Michigan Surplus‑Proceeds Takings Litigation

"Fairness Is Judged at the Time of Settlement": Sixth Circuit Affirms Arm’s‑Length, Pro Rata Class Settlement and Rejects Unproven “Reverse Auction” Allegations in Michigan Surplus‑Proceeds Takings Litigation

Date: Oct 10, 2025
"Fairness Is Judged at the Time of Settlement": Sixth Circuit Affirms Arm’s‑Length, Pro Rata Class Settlement and Rejects Unproven “Reverse Auction” Allegations in Michigan Surplus‑Proceeds Takings...
Seventh Circuit Clarifies Martin: No Independent Duty for a Second ALJ to Address a Prior ALJ’s Findings on Remand; Substantial Evidence Controls

Seventh Circuit Clarifies Martin: No Independent Duty for a Second ALJ to Address a Prior ALJ’s Findings on Remand; Substantial Evidence Controls

Date: Oct 10, 2025
Seventh Circuit Clarifies Martin: No Independent Duty for a Second ALJ to Address a Prior ALJ’s Findings on Remand; Substantial Evidence Controls Introduction This commentary analyzes the Seventh...
No CERCLA Recovery Without Proven Causation; Clean Water Act Penalties Accrue Per Unpermitted Discharge: Commentary on The Courtland Company, Inc. v. Union Carbide Corporation (4th Cir. Oct. 6, 2025)

No CERCLA Recovery Without Proven Causation; Clean Water Act Penalties Accrue Per Unpermitted Discharge: Commentary on The Courtland Company, Inc. v. Union Carbide Corporation (4th Cir. Oct. 6, 2025)

Date: Oct 10, 2025
No CERCLA Recovery Without Proven Causation; Clean Water Act Penalties Accrue Per Unpermitted Discharge Commentary on The Courtland Company, Inc. v. Union Carbide Corporation (4th Cir. Oct. 6, 2025)...
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