clarifying-the-& Case Commentaries

De Novo Review of Equitable Tolling Diligence and No Tolling for Pending Rehearing/Certiorari in Immigration Motions to Reopen

Date: Sep 8, 2025

De Novo Review of Equitable Tolling Diligence and No Tolling for Pending Rehearing/Certiorari in Immigration Motions to Reopen Introduction In Sylvestre Esteeven Point du Jour v. U.S. Attorney...

Charge-Specific Probable Cause Not Clearly Established Pre‑Chiaverini: Third Circuit Affirms Dismissal, Applying Any‑Crime Rule to False Arrest and Qualified Immunity to Malicious Prosecution and False Imprisonment

Date: Sep 8, 2025

Charge-Specific Probable Cause Not Clearly Established Pre‑Chiaverini: Third Circuit Affirms Dismissal, Applying Any‑Crime Rule to False Arrest and Qualified Immunity to Malicious Prosecution and...

Disclosed Destination Charges Are Not Deceptive Per Se: Third Circuit Affirms Futility of Consumer‑Protection and Unjust‑Enrichment Claims Without Plausible Causation or Direct Benefit

Date: Sep 8, 2025

Disclosed Destination Charges Are Not Deceptive Per Se: Third Circuit Affirms Futility of Consumer‑Protection and Unjust‑Enrichment Claims Without Plausible Causation or Direct Benefit Introduction...

No State “Need” Veto of FERC–Approved RTO Projects: Third Circuit Clarifies Supremacy Clause Limits on Siting Decisions

Date: Sep 8, 2025

No State “Need” Veto of FERC–Approved RTO Projects: Third Circuit Clarifies Supremacy Clause Limits on Siting Decisions Introduction This precedential decision from the U.S. Court of Appeals for the...

Brito Guevara v. Francisco Castro: Fifth Circuit Reaffirms De Novo Review of the Hague Convention’s “Well‑Settled” Defense and Elevates Immigration Instability as a Weighty Consideration

Date: Sep 8, 2025

Brito Guevara v. Francisco Castro: Fifth Circuit Reaffirms De Novo Review of the Hague Convention’s “Well‑Settled” Defense and Elevates Immigration Instability as a Weighty Consideration Introduction...

Indictment Surplusage Is Not an Element on Federal Habeas; Circumstantial Digital Evidence Can Prove “Receipt” and Venue: Commentary on Lowe v. Mills

Date: Sep 8, 2025

Indictment Surplusage Is Not an Element on Federal Habeas; Circumstantial Digital Evidence Can Prove “Receipt” and Venue: Commentary on Lowe v. Mills Introduction In Lowe v. Mills, the United States...

Municipal Electrical Permitting Preempts Texas Homeowner Exemption; Enforcement Upheld and Qualified Immunity Afforded to City Officials — Commentary on Rupe v. City of Jacksboro (5th Cir. 2025)

Date: Sep 8, 2025

Municipal Electrical Permitting Preempts Texas Homeowner Exemption; Enforcement Upheld and Qualified Immunity Afforded to City Officials Introduction This commentary analyzes the Fifth Circuit’s...

PSR-Based Notice Satisfies Oral Pronouncement Requirements for Supervised Release: The Fifth Circuit’s Extension of Rule 32 Inferences in United States v. Lezama-Ramirez

Date: Sep 8, 2025

PSR-Based Notice Satisfies Oral Pronouncement Requirements for Supervised Release: The Fifth Circuit’s Extension of Rule 32 Inferences in United States v. Lezama-Ramirez Introduction United States v....

No Plain Error in Extending Garner: Fifth Circuit Requires Offense-Specific “Realistic Probability” to Disqualify Louisiana Aggravated Battery as a Crime of Violence; Bruen Does Not Render § 922(g)(1) Convictions Plainly Unconstitutional

Date: Sep 8, 2025

No Plain Error in Extending Garner: Fifth Circuit Requires Offense-Specific “Realistic Probability” to Disqualify Louisiana Aggravated Battery as a Crime of Violence; Bruen Does Not Render §...

No Standing, No Fruit: Abandonment of a Borrowed Vehicle (and Phone) Bars Fourth Amendment Suppression — Commentary on United States v. Tsatenawa (5th Cir. 2025)

Date: Sep 8, 2025

No Standing, No Fruit: Abandonment of a Borrowed Vehicle (and Phone) Bars Fourth Amendment Suppression Commentary on United States v. Tsatenawa, No. 24-50034 (5th Cir. Sept. 5, 2025) (per curiam)...

Formal Military Status, Not Active-Duty Service, Controls: Tenth Circuit Confirms UCMJ Jurisdiction Over All Retirees, Including Medically Retired, Under the Make Rules Clause

Date: Sep 8, 2025

Formal Military Status, Not Active-Duty Service, Controls: Tenth Circuit Confirms UCMJ Jurisdiction Over All Retirees, Including Medically Retired, Under the Make Rules Clause Introduction In Wilson...

Seventh Circuit Reaffirms High Bar for Reversal Based on Closing-Argument Misconduct and Clarifies Evidentiary Predicate for “Future Emotional Distress” Instructions under Illinois Law

Date: Sep 8, 2025

Seventh Circuit Reaffirms High Bar for Reversal Based on Closing-Argument Misconduct and Clarifies Evidentiary Predicate for “Future Emotional Distress” Instructions under Illinois Law Introduction...

Missing a Ruth Categorical Challenge Is Not Per Se Ineffective Assistance: Stage‑Specific Limits and the “Clearly Stronger” Test in Neal v. United States (7th Cir. 2025)

Date: Sep 8, 2025

Missing a Ruth Categorical Challenge Is Not Per Se Ineffective Assistance: Stage‑Specific Limits and the “Clearly Stronger” Test in Neal v. United States (7th Cir. 2025) Introduction In Tyree M....

Aggregating Risk Under CAT: The Fourth Circuit Requires the BIA to Meaningfully Address All Theories and Evidence of Torture — McDougall v. Bondi

Date: Sep 8, 2025

Aggregating Risk Under CAT: The Fourth Circuit Requires the BIA to Meaningfully Address All Theories and Evidence of Torture — McDougall v. Bondi Introduction In Marlon McDougall v. Pamela Bondi, the...

Medical Retirees Are Part of “the land and naval Forces”: Tenth Circuit Upholds UCMJ Court‑Martial Jurisdiction Over Retired and Medically Retired Servicemembers

Date: Sep 8, 2025

Medical Retirees Are Part of “the land and naval Forces”: Tenth Circuit Upholds UCMJ Court‑Martial Jurisdiction Over Retired and Medically Retired Servicemembers Introduction In Dillon v. Curtis...

No Futility Exception to the Firm‑Waiver Rule: Tenth Circuit Rigorously Enforces Objection Requirement in Meier v. Aspen Academy

Date: Sep 8, 2025

No Futility Exception to the Firm‑Waiver Rule: Tenth Circuit Rigorously Enforces Objection Requirement in Meier v. Aspen Academy Introduction In Meier v. Aspen Academy, the United States Court of...

Tenth Circuit Clarifies Ex parte Young’s Availability for Takings Claims Without an Adequacy-of-Remedy Inquiry: Commentary on Teva Pharmaceuticals v. Weiser

Date: Sep 8, 2025

Tenth Circuit Clarifies Ex parte Young’s Availability for Takings Claims Without an Adequacy-of-Remedy Inquiry Commentary on Teva Pharmaceuticals v. Weiser (10th Cir. Sept. 5, 2025) Introduction Teva...

Timing Matters: Tenth Circuit Requires Proof of Indian Status as of the Offense Date under the Major Crimes Act

Date: Sep 8, 2025

Timing Matters: Tenth Circuit Requires Proof of Indian Status as of the Offense Date under the Major Crimes Act Case: United States v. Hatley, No. 23-7046 (10th Cir. Sept. 5, 2025) (Eid, J.)...

Status, Not Necessity: Tenth Circuit Confirms Medically Retired Servicemembers Remain in the “Land and Naval Forces” and Are Subject to UCMJ Court-Martial

Date: Sep 8, 2025

Status, Not Necessity: Tenth Circuit Confirms Medically Retired Servicemembers Remain in the “Land and Naval Forces” and Are Subject to UCMJ Court-Martial Introduction In a published decision of...

Voluntariness as a Constitutional Safe Harbor: Third Circuit Upholds IRA Drug Price Negotiation Against Takings and Compelled‑Speech Challenges

Date: Sep 8, 2025

Voluntariness as a Constitutional Safe Harbor: Third Circuit Upholds IRA Drug Price Negotiation Against Takings and Compelled‑Speech Challenges Introduction In Bristol Myers Squibb Co. v. Secretary...

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