clarifying-state-action-doctrine:-acgme&amp Case Commentaries

United States v. Butler – Sixth Circuit Clarifies “Dominion” in Constructive Possession and Limits Remote Drug-Use Evidence

Date: Jul 30, 2025

United States v. Butler – Sixth Circuit Clarifies “Dominion” in Constructive Possession and Limits Remote Drug-Use Evidence Introduction The unpublished opinion in United States v. Patrick Dillon...

Eleventh Circuit Reinforces the APA Duty to Update Economic Analyses and Give Reasoned Explanations for Cost-Allocation Shifts – Commentary on American Securities Association v. SEC (2025)

Date: Jul 30, 2025

Eleventh Circuit Reinforces the APA Duty to Update Economic Analyses and Give Reasoned Explanations for Cost-Allocation Shifts Commentary on American Securities Association & Citadel Securities LLC...

Extending Rule 41(a): Eleventh Circuit Authorises Voluntary Dismissal of Individual Plaintiffs in Multi-Plaintiff Actions

Date: Jul 30, 2025

Extending Rule 41(a): Eleventh Circuit Authorises Voluntary Dismissal of Individual Plaintiffs in Multi-Plaintiff Actions Introduction Jeanne Weinstein v. 440 Corp. marks a significant procedural...

Discovery-Informed Pleading Survives: Eleventh Circuit Clarifies that Rule 9(b) Does Not Bar Use of Discovery-Derived Allegations at the Motion-to-Dismiss Stage

Date: Jul 30, 2025

Discovery-Informed Pleading Survives: Eleventh Circuit Clarifies that Rule 9(b) Does Not Bar Use of Discovery-Derived Allegations at the Motion-to-Dismiss Stage Introduction The United States Court...

The “Johnny Appleseed” Myth Debunked: Eleventh Circuit Affirms that Free Transfers of Drugs Are “Distribution” under 21 U.S.C. § 841 and Re-validates Georgia Burglary as an ACCA Predicate

Date: Jul 30, 2025

The “Johnny Appleseed” Myth Debunked: Eleventh Circuit Affirms that Free Transfers of Drugs Are “Distribution” under 21 U.S.C. § 841 and Re-validates Georgia Burglary as an ACCA Predicate 1....

Seventh Circuit Clarifies that Appraisers May Decide Causation and Limits Insurers’ “Right-to-Deny” After Appraisal

Date: Jul 30, 2025

Seventh Circuit Clarifies that Appraisers May Decide Causation and Limits Insurers’ “Right-to-Deny” After Appraisal Introduction Mesco Manufacturing, LLC (“Mesco”) and Motorists Mutual Insurance...

Alexander v. Kramer: Clarifying the Evidentiary Threshold for Deliberate Indifference Claims under the Eighth Amendment

Date: Jul 30, 2025

Alexander v. Kramer: Clarifying the Evidentiary Threshold for Deliberate Indifference Claims under the Eighth Amendment 1. Introduction Ricky N. Alexander, a Wisconsin inmate, sued two prison nurse...

The Upchurch Clarification: Proper State-Agency Identification under Title VII and the Evidentiary Floor for Pretext & Retaliation Claims

Date: Jul 30, 2025

The Upchurch Clarification: Proper State-Agency Identification under Title VII and the Evidentiary Floor for Pretext & Retaliation Claims 1. Introduction In Timothy Upchurch v. State of Indiana, the...

Decoupling Possessory Delay from Subsequent Searches: The Fourth Circuit’s “Wrong-Sovereign” Principle in United States v. Krueger

Date: Jul 30, 2025

Decoupling Possessory Delay from Subsequent Searches: The Fourth Circuit’s “Wrong-Sovereign” Principle in United States v. Krueger Introduction United States v. Andrew David Krueger, No. 24-4328 (4th...

“No Court Before Completion” – The Fourth Circuit’s Robust Re-statement of the Complete Arbitration Rule in Wheeling Power Co.-Mitchell Plant v. Local 492, UWUA (AFL-CIO)

Date: Jul 30, 2025

“No Court Before Completion”: The Fourth Circuit’s Robust Re-statement of the Complete Arbitration Rule Introduction In Wheeling Power Company – Mitchell Plant v. Local 492, Utility Workers Union of...

Fourth Circuit Limits the “Intervening-Event” Defense in FSMA Whistle-blower Litigation

Date: Jul 30, 2025

Fourth Circuit Limits the “Intervening-Event” Defense in FSMA Whistle-blower Litigation Introduction In Wilbert Finley v. Kraft Heinz Inc., the United States Court of Appeals for the Fourth Circuit...

The Turner Rule: Tenth Circuit Bars Post-Discovery Pivot—Plaintiffs Must Amend Pleadings to Rely on New Factual Theories

Date: Jul 30, 2025

The Turner Rule: Tenth Circuit Bars Post-Discovery Pivot—Plaintiffs Must Amend Pleadings to Rely on New Factual Theories 1. Introduction Shyers v. Metropolitan Property & Casualty Insurance Co.,...

Rooker-Feldman Reaffirmed: Federal Courts Have No Jurisdiction to Undo Colorado Rule 120 Foreclosure Orders

Date: Jul 30, 2025

Rooker-Feldman Reaffirmed: Federal Courts Have No Jurisdiction to Undo Colorado Rule 120 Foreclosure Orders 1. Introduction Case: Viegas v. Kane, United States Court of Appeals for the Tenth Circuit,...

Reaffirming Rooker-Feldman Boundaries: Viegas v. Owens and the Non-Reviewability of Colorado Rule 120 Foreclosure Orders in Federal Court

Date: Jul 30, 2025

Reaffirming Rooker-Feldman Boundaries: Viegas v. Owens and the Non-Reviewability of Colorado Rule 120 Foreclosure Orders in Federal Court 1. Introduction In Viegas v. Owens, the United States Court...

“From Silence to Liability” – The First Circuit’s Expansion of Affirmative-Act Liability under the State-Created Danger Doctrine in Doe v. City of Boston

Date: Jul 30, 2025

“From Silence to Liability” – The First Circuit’s Expansion of Affirmative-Act Liability under the State-Created Danger Doctrine in Doe v. City of Boston 1. Introduction In Doe v. City of Boston, the...

“More Than Awkward”: The First Circuit Elevates the Threshold for University Disciplinary Action Under Tinker

Date: Jul 30, 2025

“More Than Awkward”: The First Circuit Elevates the Threshold for University Disciplinary Action Under Tinker Introduction Doe v. University of Massachusetts, No. 24-1458 (1st Cir. July 25, 2025) is...

Circumstantial Knowledge Suffices: The First Circuit’s Refined Test for Aiding-and-Abetting Carjacking in United States v. Hernández-Carrasquillo

Date: Jul 30, 2025

Circumstantial Knowledge Suffices: The First Circuit’s Refined Test for Aiding-and-Abetting Carjacking in United States v. Hernández-Carrasquillo 1. Introduction On 25 July 2025 the U.S. Court of...

The “Fingerprint-Plus” Doctrine: First Circuit Clarifies Sufficiency of Circumstantial Evidence in Mail-Based Drug Conspiracies – Commentary on United States v. Reyes-Ballista (2025)

Date: Jul 30, 2025

The “Fingerprint-Plus” Doctrine: First Circuit Clarifies Sufficiency of Circumstantial Evidence in Mail-Based Drug Conspiracies – Commentary on United States v. Reyes-Ballista (1st Cir. 2025) 1....

“Composite-Evidentiary Conspiracy”: First Circuit Affirms Conviction on Interlocking Circumstantial Proof and Re-states the Limited Scope of Ineffective-Assistance Review on Direct Appeal – A Commentary on United States v. Reyes-Ballista (1st Cir. 2025)

Date: Jul 30, 2025

“Composite-Evidentiary Conspiracy”: First Circuit Affirms Conviction on Interlocking Circumstantial Proof and Re-states the Limited Scope of Ineffective-Assistance Review on Direct Appeal – A...

Circumstantial Knowledge Suffices: United States v. Rios-Alvarez and the First Circuit’s Clarification of Aiding-and-Abetting Liability in Federal Carjacking Cases

Date: Jul 30, 2025

Circumstantial Knowledge Suffices: United States v. Rios-Alvarez and the First Circuit’s Clarification of Aiding-and-Abetting Liability in Federal Carjacking Cases Introduction United States v....

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