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clarifying-the-& Case Commentaries

United States v. Autry: Strengthening Judicial Discretion to Depart Upward for Category VI Offenders under U.S.S.G. § 4A1.3

United States v. Autry: Strengthening Judicial Discretion to Depart Upward for Category VI Offenders under U.S.S.G. § 4A1.3

Date: Aug 6, 2025
United States v. Autry: Strengthening Judicial Discretion to Depart Upward for Category VI Offenders under U.S.S.G. § 4A1.3 1. Introduction The Sixth Circuit’s unpublished decision in United States...
United States v. Moore: The Sixth Circuit’s Blueprint on Judicial Neutrality, Digital-Evidence Authentication, and Expert Qualifications

United States v. Moore: The Sixth Circuit’s Blueprint on Judicial Neutrality, Digital-Evidence Authentication, and Expert Qualifications

Date: Aug 6, 2025
United States v. Moore: The Sixth Circuit’s Blueprint on Judicial Neutrality, Digital-Evidence Authentication, and Expert Qualifications 1. Introduction In United States v. Marchello Moore (6th Cir.,...
United States v. Pancholi: Sixth Circuit Declares Bad-Faith Is NOT Required to Exclude Surprise Defense Witnesses

United States v. Pancholi: Sixth Circuit Declares Bad-Faith Is NOT Required to Exclude Surprise Defense Witnesses

Date: Aug 6, 2025
United States v. Pancholi: Sixth Circuit Declares Bad-Faith Is NOT Required to Exclude Surprise Defense Witnesses Introduction In United States v. Yogesh K. Pancholi, No. 24-1127 (Aug. 5, 2025), the...
Tenth Circuit Clarifies Relation-Back, Joinder, and Continuing-Violation Limits in Prisoner § 1983 Litigation – The “Amaro Rule”

Tenth Circuit Clarifies Relation-Back, Joinder, and Continuing-Violation Limits in Prisoner § 1983 Litigation – The “Amaro Rule”

Date: Aug 6, 2025
Tenth Circuit Clarifies Relation-Back, Joinder, and Continuing-Violation Limits in Prisoner § 1983 Litigation – The “Amaro Rule” Introduction Amaro v. New Mexico Corrections Department is a...
“The 15-Day Rule” for Protection Applications and Waiver by Inattention: A Commentary on Chavez-Govea v. Bondi (10th Cir. 2025)

“The 15-Day Rule” for Protection Applications and Waiver by Inattention: A Commentary on Chavez-Govea v. Bondi (10th Cir. 2025)

Date: Aug 6, 2025
“The 15-Day Rule” for Protection Applications and Waiver by Inattention: A Comprehensive Commentary on Chavez-Govea v. Bondi, 10th Cir. (2025) 1. Introduction Chavez-Govea v. Bondi is a precedential...
Signature Optional for Proof-of-Service in EOIR Electronic Filings – Commentary on Cortez v. Bondi

Signature Optional for Proof-of-Service in EOIR Electronic Filings – Commentary on Cortez v. Bondi

Date: Aug 6, 2025
Signature Optional for Proof-of-Service in EOIR Electronic Filings: A Detailed Commentary on Cortez v. Bondi, 67 F.4th ___ (10th Cir. 2025) 1. Introduction Background: Ana Sofia Cortez and her minor...
“Ellis Doctrine”: Evidentiary Objections Are Not Reviewable on Interlocutory Qualified-Immunity Appeals & District Courts Must Conduct Defendant-Specific “Clearly Established” Analyses

“Ellis Doctrine”: Evidentiary Objections Are Not Reviewable on Interlocutory Qualified-Immunity Appeals & District Courts Must Conduct Defendant-Specific “Clearly Established” Analyses

Date: Aug 6, 2025
Ellis v. Salt Lake City Corporation: The Tenth Circuit’s New Limits on Collateral-Order Review and a Reminder of Individualised “Clearly Established” Duties I. Introduction Ellis v. Salt Lake City...
Clarifying Rebuttal Standards under the Black Lung Benefits Act: 10th Circuit Bars Employer Evidence that Conflates Clinical and Legal Pneumoconiosis

Clarifying Rebuttal Standards under the Black Lung Benefits Act: 10th Circuit Bars Employer Evidence that Conflates Clinical and Legal Pneumoconiosis

Date: Aug 6, 2025
Clarifying Rebuttal Standards under the Black Lung Benefits Act: 10th Circuit Bars Employer Evidence that Conflates Clinical and Legal Pneumoconiosis 1. Introduction In Energy West Mining Company v....
“No Short-Circuiting Summary Judgment”:  Snyder v. Beam Technologies and the Tenth Circuit’s Twin Pronouncements on Trade-Secret Protection and Rule 702 Procedure

“No Short-Circuiting Summary Judgment”: Snyder v. Beam Technologies and the Tenth Circuit’s Twin Pronouncements on Trade-Secret Protection and Rule 702 Procedure

Date: Aug 6, 2025
“No Short-Circuiting Summary Judgment” – A Commentary on Snyder v. Beam Technologies, Inc., 134 F.4th 1078 (10th Cir. 2025) I. Introduction In Snyder v. Beam Technologies, the United States Court of...
“Rigorous Analysis” Re-defined: Seventh Circuit Demands Full Engagement with Expert Disputes at the Class-Certification Stage

“Rigorous Analysis” Re-defined: Seventh Circuit Demands Full Engagement with Expert Disputes at the Class-Certification Stage

Date: Aug 6, 2025
“Rigorous Analysis” Re-defined: Seventh Circuit Demands Full Engagement with Expert Disputes at the Class-Certification Stage 1. Introduction Arandell Corporation v. Xcel Energy Inc. is the latest...
Chicago Wine Co. v. Braun (7th Cir. 2025):  Seventh Circuit Re-Affirms State Authority to Impose In-State-Presence Requirements and Common-Carrier Bans on Retail Alcohol Deliveries

Chicago Wine Co. v. Braun (7th Cir. 2025): Seventh Circuit Re-Affirms State Authority to Impose In-State-Presence Requirements and Common-Carrier Bans on Retail Alcohol Deliveries

Date: Aug 6, 2025
Chicago Wine Co. v. Braun: Seventh Circuit Re-Affirms State Authority to Impose In-State-Presence Requirements and Common-Carrier Bans on Retail Alcohol Deliveries 1. Introduction In Chicago Wine...
Ontiveros v. Exxon Mobil: Seventh Circuit Clarifies Comparator Requirements and Evidentiary Threshold at Summary Judgment

Ontiveros v. Exxon Mobil: Seventh Circuit Clarifies Comparator Requirements and Evidentiary Threshold at Summary Judgment

Date: Aug 6, 2025
Ontiveros v. Exxon Mobil: Seventh Circuit Clarifies Comparator Requirements and Evidentiary Threshold at Summary Judgment 1. Introduction Gricelda Ontiveros, a forty-two-year-old customer service...
From “De Minimis” to “Objective Substantial Hardship”: The Seventh Circuit’s Re-Calibration of Groff in Kluge v. Brownsburg

From “De Minimis” to “Objective Substantial Hardship”: The Seventh Circuit’s Re-Calibration of Groff in Kluge v. Brownsburg

Date: Aug 6, 2025
From “De Minimis” to “Objective Substantial Hardship” Kluge v. Brownsburg Community School Corporation, 7th Cir. (2025) 1. Introduction John M. Kluge, an Indiana high-school orchestra teacher,...
“From ‘Modest Showing’ to ‘Material Factual Dispute’: The Seventh Circuit’s New Standard for Issuing Notice in FLSA/ADEA Collective Actions

“From ‘Modest Showing’ to ‘Material Factual Dispute’: The Seventh Circuit’s New Standard for Issuing Notice in FLSA/ADEA Collective Actions

Date: Aug 6, 2025
From “Modest Showing” to “Material Factual Dispute”: The Seventh Circuit’s New Standard for Issuing Notice in FLSA/ADEA Collective Actions Introduction Monica Richards v. Eli Lilly & Company is a...
Nissenbaum v. Jennings: Clarifying “Reasonable Probability” for Lost-Plea Ineffective-Assistance Claims under AEDPA

Nissenbaum v. Jennings: Clarifying “Reasonable Probability” for Lost-Plea Ineffective-Assistance Claims under AEDPA

Date: Aug 6, 2025
Nissenbaum v. Jennings (7th Cir. 2025): Clarifying “Reasonable Probability” for Lost-Plea Ineffective-Assistance Claims under AEDPA 1. Introduction The Seventh Circuit’s decision in Nathan Nissenbaum...
“Officer-Discretion Vagueness” and the End of the 25-Foot Buffer: Seventh Circuit Reins-in Police Authority & Universal Injunctions in Reporters Committee v. Rokita

“Officer-Discretion Vagueness” and the End of the 25-Foot Buffer: Seventh Circuit Reins-in Police Authority & Universal Injunctions in Reporters Committee v. Rokita

Date: Aug 6, 2025
“Officer-Discretion Vagueness” and the End of the 25-Foot Buffer: The Seventh Circuit Reins-in Police Authority & Universal Injunctions in Reporters Committee for Freedom of the Press v. Rokita...
United States v. Dukes: The Seventh Circuit Re-draws the Line Between Direct Evidence and Rule 404(b) Other-Act Evidence

United States v. Dukes: The Seventh Circuit Re-draws the Line Between Direct Evidence and Rule 404(b) Other-Act Evidence

Date: Aug 6, 2025
United States v. Dukes: The Seventh Circuit Re-draws the Line Between Direct Evidence and Rule 404(b) Other-Act Evidence Introduction United States v. Kashif Dukes, No. 24-1928 (7th Cir. Aug. 5,...
“Deliberate Indifference in the Box” – The First Circuit’s New Standard on Solitary-Confinement Liability in Cintron v. Bibeault

“Deliberate Indifference in the Box” – The First Circuit’s New Standard on Solitary-Confinement Liability in Cintron v. Bibeault

Date: Aug 6, 2025
“Deliberate Indifference in the Box” – The First Circuit’s New Standard on Solitary-Confinement Liability 1. Introduction Cintron v. Bibeault, No. 22-1716 (1st Cir. Aug. 5 2025), marks the most...
United States v. Fasasi: Second Circuit Clarifies the Boundaries of Plain-Error Review, Rule 32 PSR Verification, and the “Substantial Overseas Conduct” Fraud Enhancement

United States v. Fasasi: Second Circuit Clarifies the Boundaries of Plain-Error Review, Rule 32 PSR Verification, and the “Substantial Overseas Conduct” Fraud Enhancement

Date: Aug 6, 2025
United States v. Fasasi: Second Circuit Clarifies the Boundaries of Plain-Error Review, Rule 32 PSR Verification, and the “Substantial Overseas Conduct” Fraud Enhancement 1. Introduction United...
“Post-Bruen Constitutionality of 18 U.S.C. § 922(g)(1) and Probable-Cause Parameters in Multi-State Drug Conspiracies” – A Commentary on United States v. Miller (2d Cir. 2025)

“Post-Bruen Constitutionality of 18 U.S.C. § 922(g)(1) and Probable-Cause Parameters in Multi-State Drug Conspiracies” – A Commentary on United States v. Miller (2d Cir. 2025)

Date: Aug 6, 2025
Post-Bruen Constitutionality of 18 U.S.C. § 922(g)(1) and Probable-Cause Parameters in Multi-State Drug Conspiracies A Detailed Commentary on United States v. Miller, 23-7699-cr (2d Cir. Aug. 4,...
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