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clarifying-the-& Case Commentaries

Tenth Circuit Affirms Broad BIA Discretion to Summarily Dismiss Appeals for Vague NOAs and Late Briefs – Commentary on Pena-Sanchez v. Bondi

Tenth Circuit Affirms Broad BIA Discretion to Summarily Dismiss Appeals for Vague NOAs and Late Briefs – Commentary on Pena-Sanchez v. Bondi

Date: Jul 25, 2025
Tenth Circuit Affirms Broad BIA Discretion to Summarily Dismiss Appeals for Vague NOAs and Late Briefs Pena-Sanchez v. Bondi, 24-9550 (10th Cir. July 24, 2025) I. Introduction In Pena-Sanchez...
United States v. Jumper: Tenth Circuit Affirms Statutory-Maximum Revocation Sentence & Refines Standards for Major Upward Variances

United States v. Jumper: Tenth Circuit Affirms Statutory-Maximum Revocation Sentence & Refines Standards for Major Upward Variances

Date: Jul 25, 2025
United States v. Jumper: Tenth Circuit Affirms Statutory-Maximum Revocation Sentence & Refines Standards for Major Upward Variances in Supervised-Release Cases 1. Introduction On 24 July 2025 the...
Greed-Driven Harm and the Nexus Requirement: Commentary on Cano-Gutierrez v. Bondi (1st Cir. 2025)

Greed-Driven Harm and the Nexus Requirement: Commentary on Cano-Gutierrez v. Bondi (1st Cir. 2025)

Date: Jul 25, 2025
Greed-Driven Harm and the Nexus Requirement: Cano-Gutierrez v. Bondi Clarifies Asylum Eligibility when Violence Is Motivated by Ordinary Crime Introduction In Cano-Gutierrez v. Bondi, the United...
“Working an Employee Out” after an Accommodation Request: The First Circuit’s Hard-Line on Rule 50 Preservation and Punitive Exposure in Menninger v. PPD Development, L.P.

“Working an Employee Out” after an Accommodation Request: The First Circuit’s Hard-Line on Rule 50 Preservation and Punitive Exposure in Menninger v. PPD Development, L.P.

Date: Jul 25, 2025
“Working an Employee Out” after an Accommodation Request: The First Circuit’s Hard-Line on Rule 50 Preservation and Punitive Exposure in Menninger v. PPD Development, L.P. Introduction In Menninger...
Deadline Discretion in Creditor Joinder: The First Circuit’s Clarification in PCC Rokita S.A. v. HH Technology Corp.

Deadline Discretion in Creditor Joinder: The First Circuit’s Clarification in PCC Rokita S.A. v. HH Technology Corp.

Date: Jul 25, 2025
Deadline Discretion in Creditor Joinder: The First Circuit’s Clarification in PCC Rokita S.A. v. HH Technology Corp. 1. Introduction The First Circuit’s decision in PCC Rokita, S.A. v. HH Technology...
United States v. Gregory: Harmless-Error Treatment of § 3553(a)(6) Omissions and Deference to Major Upward Variances for “Mirror-Image” Recidivism

United States v. Gregory: Harmless-Error Treatment of § 3553(a)(6) Omissions and Deference to Major Upward Variances for “Mirror-Image” Recidivism

Date: Jul 25, 2025
United States v. Gregory: Harmless-Error Treatment of § 3553(a)(6) Omissions and Deference to Major Upward Variances for “Mirror-Image” Recidivism Introduction United States v. Antuane Gregory,...
“Previously Unavailable” Means “Possibly Meritorious”: Fifth Circuit Clarifies § 2244(b)(2)(A) in Johnson v. Guerrero

“Previously Unavailable” Means “Possibly Meritorious”: Fifth Circuit Clarifies § 2244(b)(2)(A) in Johnson v. Guerrero

Date: Jul 25, 2025
“Previously Unavailable” Means “Possibly Meritorious”: Fifth Circuit Clarifies § 2244(b)(2)(A) in Johnson v. Guerrero Introduction Johnson v. Guerrero, No. 23-70002 (5th Cir. 2025) tackles a...
Guaranteeing “Next-Available Position” Reinstatement: The Fifth Circuit’s Expansive Equitable Remedy in McMillian v. Aberdeen School District

Guaranteeing “Next-Available Position” Reinstatement: The Fifth Circuit’s Expansive Equitable Remedy in McMillian v. Aberdeen School District

Date: Jul 25, 2025
Guaranteeing “Next-Available Position” Reinstatement: The Fifth Circuit’s Expansive Equitable Remedy in McMillian v. Aberdeen School District Introduction The United States Court of Appeals for the...

        Fifth Circuit Reaffirms Strict Construction of 8 U.S.C. § 1326(d) 
        and Rejects Ninth Circuit’s Valdivia-Flores Approach:
        A Commentary on United States v. Ortiz-Rodriguez (2025)

Fifth Circuit Reaffirms Strict Construction of 8 U.S.C. § 1326(d) and Rejects Ninth Circuit’s Valdivia-Flores Approach: A Commentary on United States v. Ortiz-Rodriguez (2025)

Date: Jul 25, 2025
Fifth Circuit Reaffirms Strict Construction of 8 U.S.C. § 1326(d) and Rejects the “Later-Change-in-Law” Exception: United States v. Ortiz-Rodriguez 1. Introduction In United States v....
Fifth Circuit Re-Affirms Strict Compliance with 8 U.S.C. § 1326(d) for Collateral Attacks on Expedited Removal Orders Despite Subsequent Changes in Aggravated-Felony Law

Fifth Circuit Re-Affirms Strict Compliance with 8 U.S.C. § 1326(d) for Collateral Attacks on Expedited Removal Orders Despite Subsequent Changes in Aggravated-Felony Law

Date: Jul 25, 2025
Fifth Circuit Re-Affirms Strict Compliance with 8 U.S.C. § 1326(d) for Collateral Attacks on Expedited Removal Orders Despite Subsequent Changes in Aggravated-Felony Law I. Introduction In United...
“Prospective Ineffectiveness” – Hicks v. Frame Sets a Present-Tense Limit on Excusing Habeas Exhaustion for State Delay

“Prospective Ineffectiveness” – Hicks v. Frame Sets a Present-Tense Limit on Excusing Habeas Exhaustion for State Delay

Date: Jul 25, 2025
“Prospective Ineffectiveness” – Hicks v. Frame Sets a Present-Tense Limit on Excusing Habeas Exhaustion for State Delay Introduction Hicks v. Frame, No. 23-6447 (4th Cir. July 23, 2025), is a...
Commissions on Insurance Premiums Are Not “Fees” Under Maryland’s CLEC – A Commentary on Paul French v. 21st Mortgage Corp.

Commissions on Insurance Premiums Are Not “Fees” Under Maryland’s CLEC – A Commentary on Paul French v. 21st Mortgage Corp.

Date: Jul 25, 2025
Commissions on Insurance Premiums Are Not “Fees” Under Maryland’s Credit Grantor Closed End Credit Provisions (CLEC) 1. Introduction In Paul French v. 21st Mortgage Corporation, the United States...
Hammock v. Watts: The Fourth Circuit Lowers the Pleading Bar and Narrows Qualified Immunity in Prison Food-Safety and Free-Exercise Litigation

Hammock v. Watts: The Fourth Circuit Lowers the Pleading Bar and Narrows Qualified Immunity in Prison Food-Safety and Free-Exercise Litigation

Date: Jul 25, 2025
Hammock v. Watts: The Fourth Circuit Lowers the Pleading Bar and Narrows Qualified Immunity in Prison Food-Safety and Free-Exercise Litigation Introduction In Terrence Hammock v. Gail Watts, the...
Clarifying Prejudice Under Rule 11: The Fourth Circuit’s Decision in United States v. Solis-Rodriguez

Clarifying Prejudice Under Rule 11: The Fourth Circuit’s Decision in United States v. Solis-Rodriguez

Date: Jul 25, 2025
Clarifying Prejudice Under Rule 11: The Fourth Circuit Re-Defines When a Mis-Stated Maximum Penalty Warrants Vacatur of a Guilty Plea Introduction In United States v. Edin Solis-Rodriguez, No....
United States v. Ford – 2025:  Fourth Circuit Endorses “Minimal-Colloquy” Standard for Waiver of Counsel and Clarifies Harmless-Error Doctrine for Rule 43 Violations

United States v. Ford – 2025: Fourth Circuit Endorses “Minimal-Colloquy” Standard for Waiver of Counsel and Clarifies Harmless-Error Doctrine for Rule 43 Violations

Date: Jul 25, 2025
United States v. Ford – 2025: Fourth Circuit Endorses “Minimal-Colloquy” Standard for Waiver of Counsel and Clarifies Harmless-Error Doctrine for Rule 43 Violations Introduction United States v....
United States v. John: Fourth Circuit Re-Affirms the “No-Particular-Investigative-Techniques” Instruction and Reiterates the Heavy Burden for Rule 29 Insufficiency Claims

United States v. John: Fourth Circuit Re-Affirms the “No-Particular-Investigative-Techniques” Instruction and Reiterates the Heavy Burden for Rule 29 Insufficiency Claims

Date: Jul 25, 2025
United States v. John: Fourth Circuit Re-Affirms the “No-Particular-Investigative-Techniques” Instruction and Reiterates the Heavy Burden for Rule 29 Insufficiency Claims Introduction In United...
Bright-Line Buffer Zones & the First Amendment: Hebb v. City of Asheville (4th Cir. 2025)

Bright-Line Buffer Zones & the First Amendment: Hebb v. City of Asheville (4th Cir. 2025)

Date: Jul 25, 2025
Bright-Line Buffer Zones & the First Amendment: Hebb v. City of Asheville (4th Cir. 2025) United States Court of Appeals for the Fourth Circuit, Published Opinion • Decided 23 July 2025 • No. 24-1383...
Clarifying the Filing Requirements for Discovery Materials & Embracing E-Service: An Analysis of the Mississippi Supreme Court’s 2025 Amendment to Rule 5

Clarifying the Filing Requirements for Discovery Materials & Embracing E-Service: An Analysis of the Mississippi Supreme Court’s 2025 Amendment to Rule 5

Date: Jul 25, 2025
Clarifying the Filing Requirements for Discovery Materials & Embracing E-Service: An Analysis of the Mississippi Supreme Court’s 2025 Amendment to Rule 5 Introduction On 24 July 2025 the Supreme...
“Next Preceding” Means “Immediately Preceding”: The Supreme Court of Ohio’s Definitive Construction of Charter-Based Residency Requirements

“Next Preceding” Means “Immediately Preceding”: The Supreme Court of Ohio’s Definitive Construction of Charter-Based Residency Requirements

Date: Jul 24, 2025
“Next Preceding” Means “Immediately Preceding”: The Supreme Court of Ohio’s Definitive Construction of Charter-Based Residency Requirements 1. Introduction In State ex rel. Elmore v. Franklin County...
Carroll v. Isle of Palms Pest Control, Inc.: South Carolina Re-anchors the Economic Loss Rule in Product Liability Law

Carroll v. Isle of Palms Pest Control, Inc.: South Carolina Re-anchors the Economic Loss Rule in Product Liability Law

Date: Jul 24, 2025
Carroll v. Isle of Palms Pest Control, Inc.: South Carolina Re-anchors the Economic Loss Rule in Product Liability Law Introduction In James E. Carroll, Jr. v. Isle of Palms Pest Control, Inc., the...
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