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affirmation-of-qualified-immunity-in-prisoners& Case Commentaries

“Overwhelming Evidence” and the Harmless-Error Shield:  An Analysis of United States v. Belas Rosier (11th Cir. 2025)

“Overwhelming Evidence” and the Harmless-Error Shield: An Analysis of United States v. Belas Rosier (11th Cir. 2025)

Date: Jul 3, 2025
“Overwhelming Evidence” and the Harmless-Error Shield: United States v. Belas Rosier, No. 23-14234 (11th Cir. July 2, 2025) Introduction United States v. Belas Rosier is an unpublished Eleventh...
“Strict Limits on Post-Sentencing Modification of Mandatory Restitution” – A Commentary on United States v. Donald Mathias (11th Cir. 2025)

“Strict Limits on Post-Sentencing Modification of Mandatory Restitution” – A Commentary on United States v. Donald Mathias (11th Cir. 2025)

Date: Jul 3, 2025
Strict Limits on Post-Sentencing Modification of Mandatory Restitution: A Detailed Commentary on United States v. Donald Mathias, 23-14211 (11th Cir. July 2, 2025) 1. Introduction United States v....
Harmless-Error Review for “Different Occasions” Findings after Erlinger – A Commentary on United States v. Jameel Williams (11th Cir. 2025)

Harmless-Error Review for “Different Occasions” Findings after Erlinger – A Commentary on United States v. Jameel Williams (11th Cir. 2025)

Date: Jul 3, 2025
Harmless-Error Review for “Different Occasions” Findings after Erlinger A Comprehensive Commentary on United States v. Jameel Williams (11th Cir. 2025) 1. Introduction In United States v. Jameel...

        Eleventh Circuit Re-Affirms § 922(g)(1) after Bruen/Rahimi and Clarifies
        “In-Connection-With” Enhancement under U.S.S.G. § 2K2.1(b)(6)(B)

Eleventh Circuit Re-Affirms § 922(g)(1) after Bruen/Rahimi and Clarifies “In-Connection-With” Enhancement under U.S.S.G. § 2K2.1(b)(6)(B)

Date: Jul 3, 2025
Eleventh Circuit Re-Affirms § 922(g)(1) after Bruen/Rahimi and Clarifies “In-Connection-With” Enhancement under § 2K2.1(b)(6)(B) – Commentary on United States v. Thomas Youngblood, No. 24-10053 (11th...
“Beyond Call Volume” – Sixth Circuit Re-affirms Twombly/Iqbal Pleading Threshold for TCPA Autodialer & Prerecorded-Voice Claims

“Beyond Call Volume” – Sixth Circuit Re-affirms Twombly/Iqbal Pleading Threshold for TCPA Autodialer & Prerecorded-Voice Claims

Date: Jul 3, 2025
“Beyond Call Volume” – Sixth Circuit Re-affirms Twombly/Iqbal Pleading Threshold for TCPA Autodialer & Prerecorded-Voice Claims Introduction Antonio Lynn Fluker, Jr. v. Ally Financial, Inc., No....
Smith v. Davis: Strengthening Federal Oversight of Conditional Habeas Writs and the Presumption of Release Pending Appeal

Smith v. Davis: Strengthening Federal Oversight of Conditional Habeas Writs and the Presumption of Release Pending Appeal

Date: Jul 3, 2025
Smith v. Davis: Strengthening Federal Oversight of Conditional Habeas Writs and the Presumption of Release Pending Appeal Introduction David M. Smith was twice convicted in Ohio state court for the...
Savel v. MetroHealth: Sixth Circuit Clarifies Post-Groff “Undue Hardship” and Rejects an Implied Interactive-Process Duty under Title VII

Savel v. MetroHealth: Sixth Circuit Clarifies Post-Groff “Undue Hardship” and Rejects an Implied Interactive-Process Duty under Title VII

Date: Jul 3, 2025
Savel v. MetroHealth: Sixth Circuit Clarifies Post-Groff “Undue Hardship” and Rejects an Implied Interactive-Process Duty under Title VII Introduction In Frank Savel v. The MetroHealth System, No....
Sixth Circuit Re-Affirms Broad Discretion for Upward Variances When the Defendant Commits New Crimes While Incarcerated & After Escape – Commentary on United States v. Alex Robinson (2025)

Sixth Circuit Re-Affirms Broad Discretion for Upward Variances When the Defendant Commits New Crimes While Incarcerated & After Escape – Commentary on United States v. Alex Robinson (2025)

Date: Jul 3, 2025
Sixth Circuit Re-Affirms Broad Discretion for Upward Variances When the Defendant Commits New Crimes While Incarcerated & After Escape – Commentary on United States v. Alex Robinson (2025)...
Strategic Delay Is Not “Good-Cause” – The Sixth Circuit in United States v. Downey Clarifies Standards for Untimely Suppression Motions and Confirms Broad Application of Constructive Possession & Sentencing Enhancements

Strategic Delay Is Not “Good-Cause” – The Sixth Circuit in United States v. Downey Clarifies Standards for Untimely Suppression Motions and Confirms Broad Application of Constructive Possession & Sentencing Enhancements

Date: Jul 3, 2025
Strategic Delay Is Not “Good-Cause” – The Sixth Circuit in United States v. Chase Russell Downey Clarifies Standards for Untimely Suppression Motions and Confirms Broad Application of Constructive...
United States v. Deangelus Thomas – Sixth Circuit Confirms that Erlinger Errors Are Subject to Harmless-Error Review and May Be Resolved with Shepard Documents

United States v. Deangelus Thomas – Sixth Circuit Confirms that Erlinger Errors Are Subject to Harmless-Error Review and May Be Resolved with Shepard Documents

Date: Jul 3, 2025
United States v. Deangelus Thomas – Sixth Circuit Confirms that Erlinger Errors Are Subject to Harmless-Error Review and May Be Resolved with Shepard Documents 1. Introduction United States v....
“Jury, Not Judge” – The Sixth Circuit’s First Full Application of Erlinger to the ACCA “Different-Occasions” Question

“Jury, Not Judge” – The Sixth Circuit’s First Full Application of Erlinger to the ACCA “Different-Occasions” Question

Date: Jul 3, 2025
“Jury, Not Judge” – The Sixth Circuit’s First Full Application of Erlinger to the ACCA “Different-Occasions” Question Introduction The Sixth Circuit’s decision in United States v. Timothy John Lewis,...
United States v. Horsley: Sixth Circuit Clarifies Explanation Requirements and Appellate Review Standards for § 3582(c)(2) Sentence Reductions Post-Amendment 821

United States v. Horsley: Sixth Circuit Clarifies Explanation Requirements and Appellate Review Standards for § 3582(c)(2) Sentence Reductions Post-Amendment 821

Date: Jul 3, 2025
United States v. Horsley: Sixth Circuit Clarifies Explanation Requirements and Appellate Review Standards for § 3582(c)(2) Sentence Reductions Post-Amendment 821 1. Introduction United States v....
Tenth Circuit Reinforces Timeliness and Non-Jurisdictional Treatment of Defective NTAs – Comment on Lopez-Vega v. Garland

Tenth Circuit Reinforces Timeliness and Non-Jurisdictional Treatment of Defective NTAs – Comment on Lopez-Vega v. Garland

Date: Jul 3, 2025
Tenth Circuit Reinforces Timeliness and Non-Jurisdictional Treatment of Defective NTAs Commentary on Lopez-Vega v. Garland, No. 24-9537 (10th Cir. July 2 2025) Introduction Lopez-Vega v. Garland is...
Tenth Circuit Clarifies “Mixed-Accuracy” Informant Reliability for Probable Cause – Commentary on United States v. Harris (2025)

Tenth Circuit Clarifies “Mixed-Accuracy” Informant Reliability for Probable Cause – Commentary on United States v. Harris (2025)

Date: Jul 3, 2025
Tenth Circuit Clarifies “Mixed-Accuracy” Informant Reliability for Probable Cause Comprehensive Commentary on United States v. Harris, No. 24-8050 (10th Cir. July 2, 2025) Introduction United States...
From Moderate Limits to Logical Bridges: Moy v. Bisignano Clarifies the RFC Standard for Concentration, Persistence, and Pace

From Moderate Limits to Logical Bridges: Moy v. Bisignano Clarifies the RFC Standard for Concentration, Persistence, and Pace

Date: Jul 3, 2025
From Moderate Limits to Logical Bridges: Moy v. Bisignano Clarifies the RFC Standard for Concentration, Persistence, and Pace 1. Introduction The Seventh Circuit’s decision in Ferida Moy v. Frank...
“Braking the Cat’s Paw” – Seventh Circuit Narrows Retaliatory Causation in Johnson v. Accenture LLP

“Braking the Cat’s Paw” – Seventh Circuit Narrows Retaliatory Causation in Johnson v. Accenture LLP

Date: Jul 3, 2025
“Braking the Cat’s Paw” – Seventh Circuit Narrows Retaliatory Causation in Johnson v. Accenture LLP 1. Introduction In an opinion rendered on 2 July 2025, the U.S. Court of Appeals for the Seventh...
Seventh Circuit Clarifies “Representative-Sample” Rule for Ex-Ante Attorney-Fee Calculations

Seventh Circuit Clarifies “Representative-Sample” Rule for Ex-Ante Attorney-Fee Calculations

Date: Jul 3, 2025
Seventh Circuit Clarifies “Representative-Sample” Rule for Ex-Ante Attorney-Fee Calculations Introduction The Court of Appeals for the Seventh Circuit has issued its second opinion in the sprawling...
The “Role-Specific Incompatibility” Doctrine: Seventh Circuit Narrows First-Amendment Protection for Public-Employee Speech in Darlingh v. Maddaleni

The “Role-Specific Incompatibility” Doctrine: Seventh Circuit Narrows First-Amendment Protection for Public-Employee Speech in Darlingh v. Maddaleni

Date: Jul 3, 2025
The “Role-Specific Incompatibility” Doctrine: Seventh Circuit Narrows First-Amendment Protection for Public-Employee Speech in Marissa Darlingh v. Adria Maddaleni Introduction On 2 July 2025, the...
Extending the “Ready-Willing-Able” Doctrine to Commercial Sales Commissions: Commentary on Moncada Alaniz v. Bay Promo, LLC (1st Cir. 2025)

Extending the “Ready-Willing-Able” Doctrine to Commercial Sales Commissions: Commentary on Moncada Alaniz v. Bay Promo, LLC (1st Cir. 2025)

Date: Jul 3, 2025
Extending the “Ready-Willing-Able” Doctrine to Commercial Sales Commissions A Comprehensive Commentary on Moncada Alaniz v. Bay Promo, LLC, 1st Cir. 2025 1. Introduction The COVID-19 pandemic...
Commission Entitlement Survives Buyer Non-Payment When Seller’s Own Breach Scuttles the Deal: First Circuit Extends Florida’s “Ready, Willing, and Able” Doctrine Beyond Real-Estate Brokerage

Commission Entitlement Survives Buyer Non-Payment When Seller’s Own Breach Scuttles the Deal: First Circuit Extends Florida’s “Ready, Willing, and Able” Doctrine Beyond Real-Estate Brokerage

Date: Jul 3, 2025
Commission Entitlement Survives Buyer Non-Payment When Seller’s Own Breach Scuttles the Deal: First Circuit Extends Florida’s “Ready, Willing, and Able” Doctrine Beyond Real-Estate Brokerage...
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