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clarifying-the-&amp Case Commentaries

Thomas v. Montgomery – Sixth Circuit Re-Affirms No Liberty Interest in Parole under Tennessee’s Post-2021 Scheme Despite Algorithmic STRONG-R Assessments

Thomas v. Montgomery – Sixth Circuit Re-Affirms No Liberty Interest in Parole under Tennessee’s Post-2021 Scheme Despite Algorithmic STRONG-R Assessments

Date: Jun 11, 2025
Thomas v. Montgomery – Sixth Circuit Re-Affirms No Liberty Interest in Parole under Tennessee’s Post-2021 Scheme Despite Algorithmic STRONG-R Assessments Introduction In Carvin L. Thomas & Terrell...
Clark v. Commissioner: Sixth Circuit Reaffirms Broad ALJ Discretion under the 2017 Medical-Opinion Rule (§ 404.1520c)

Clark v. Commissioner: Sixth Circuit Reaffirms Broad ALJ Discretion under the 2017 Medical-Opinion Rule (§ 404.1520c)

Date: Jun 11, 2025
Clark v. Commissioner: Sixth Circuit Reaffirms Broad ALJ Discretion under the 2017 Medical-Opinion Rule (§ 404.1520c) 1. Introduction Donald Roy Clark, a former warehouse foreman and inside salesman,...
Sixth Circuit Narrows Unconscionability Challenges to Arbitration Clauses After Coinbase – Comment on Jessica Hines v. National Entertainment Group, LLC

Sixth Circuit Narrows Unconscionability Challenges to Arbitration Clauses After Coinbase – Comment on Jessica Hines v. National Entertainment Group, LLC

Date: Jun 11, 2025
Sixth Circuit Narrows Unconscionability Challenges to Arbitration Clauses After Coinbase – Comment on Jessica Hines v. National Entertainment Group, LLC (6th Cir. 2025) I. Introduction In a published...
Settlement-Induced Mootness and Discovery Confidentiality: 
            The Sixth Circuit’s Clarification in McGhee-Twilley v. CoreCivic

Settlement-Induced Mootness and Discovery Confidentiality: The Sixth Circuit’s Clarification in McGhee-Twilley v. CoreCivic

Date: Jun 11, 2025
Settlement-Induced Mootness and Discovery Confidentiality: The Sixth Circuit’s Clarification in McGhee-Twilley v. CoreCivic Introduction The Sixth Circuit’s unpublished opinion in Lakenya...

        “Reasonable Foreseeability through Continuous Participation” – 
        Sixth Circuit Clarifies When a Firearm Enhancement Applies in Hobbs Act Robbery Conspiracies

“Reasonable Foreseeability through Continuous Participation” – Sixth Circuit Clarifies When a Firearm Enhancement Applies in Hobbs Act Robbery Conspiracies

Date: Jun 11, 2025
“Reasonable Foreseeability through Continuous Participation” – Sixth Circuit Clarifies When a Firearm Enhancement Applies in Hobbs Act Robbery Conspiracies Introduction In United States v. Kyle Lynn...
“Circling Cars & Pocketed Hands” – The Sixth Circuit’s Refined Test for Linking Pedestrians to Nearby Stolen Vehicles (United States v. Lavonce Makiri Smith, 2025)

“Circling Cars & Pocketed Hands” – The Sixth Circuit’s Refined Test for Linking Pedestrians to Nearby Stolen Vehicles (United States v. Lavonce Makiri Smith, 2025)

Date: Jun 11, 2025
“Circling Cars & Pocketed Hands” – The Sixth Circuit’s Refined Test for Linking Pedestrians to Nearby Stolen Vehicles (United States v. Lavonce Makiri Smith, 2025) 1. Introduction United States v....
Clarifying the Knowledge-Based Application of the “Vulnerable Victim” Enhancement in Elder-Fraud Sentencings – A Commentary on United States v. McNamara (6th Cir. 2025)

Clarifying the Knowledge-Based Application of the “Vulnerable Victim” Enhancement in Elder-Fraud Sentencings – A Commentary on United States v. McNamara (6th Cir. 2025)

Date: Jun 11, 2025
Clarifying the Knowledge-Based Application of the “Vulnerable Victim” Enhancement in Elder-Fraud Sentencings – A Commentary on United States v. McNamara (6th Cir. 2025) 1. Introduction In United...
“A Limited-Time Offer”: Sixth Circuit Holds APA Claims Moot Once Statutory Spending Windows Close – Commentary on W6 Restaurant Group, Ltd. v. Loeffler

“A Limited-Time Offer”: Sixth Circuit Holds APA Claims Moot Once Statutory Spending Windows Close – Commentary on W6 Restaurant Group, Ltd. v. Loeffler

Date: Jun 11, 2025
“A Limited-Time Offer”: Sixth Circuit Holds APA Claims Moot Once Statutory Spending Windows Close – Commentary on W6 Restaurant Group, Ltd. v. Kelly Loeffler I. Introduction In W6 Restaurant Group,...
Partial Courtroom Closures in a Pandemic: Barrett v. Wyoming DOC Clarifies the Sixth-Amendment Standard

Partial Courtroom Closures in a Pandemic: Barrett v. Wyoming DOC Clarifies the Sixth-Amendment Standard

Date: Jun 11, 2025
Partial Courtroom Closures in a Pandemic: Barrett v. Wyoming Department of Corrections Clarifies the Sixth-Amendment Standard Introduction Barrett v. Wyoming Department of Corrections, No. 24-8062...
United States v. Nickols – Harmless Error and Misstatements about First Step Act Earned-Time Credits at Sentencing

United States v. Nickols – Harmless Error and Misstatements about First Step Act Earned-Time Credits at Sentencing

Date: Jun 11, 2025
United States v. Nickols – Harmless Error and Misstatements about First Step Act Earned-Time Credits at Sentencing I. Introduction United States v. Nickols, No. 24-5056 (10th Cir. June 9, 2025),...
Expanding Malicious-Prosecution Doctrine Beyond “Criminal” Prosecutions: Gervin v. Florence (11th Cir. 2025)

Expanding Malicious-Prosecution Doctrine Beyond “Criminal” Prosecutions: Gervin v. Florence (11th Cir. 2025)

Date: Jun 11, 2025
Expanding Malicious-Prosecution Doctrine Beyond “Criminal” Prosecutions: Gervin v. Florence & Milton, 85 F.4th 1102 (11th Cir. 2025) Introduction The United States Court of Appeals for the Eleventh...

        Seventh Circuit Tightens “Nexus” Showing for Gang-Recruitment Asylum Claims: 
        De Paz-Peraza v. Bondi (2025)

Seventh Circuit Tightens “Nexus” Showing for Gang-Recruitment Asylum Claims: De Paz-Peraza v. Bondi (2025)

Date: Jun 11, 2025
Seventh Circuit Tightens “Nexus” Showing for Gang-Recruitment Asylum Claims: De Paz-Peraza v. Bondi (2025) Introduction Carlos Antonio de Paz-Peraza, a 17-year-old Salvadoran targeted by the violent...
Forfeiture, Futility, and Exhaustion: The Seventh Circuit’s Clarification of Litigation Duties in Anderson v. United Airlines (2025)

Forfeiture, Futility, and Exhaustion: The Seventh Circuit’s Clarification of Litigation Duties in Anderson v. United Airlines (2025)

Date: Jun 11, 2025
Forfeiture, Futility, and Exhaustion: The Seventh Circuit’s Clarification of Litigation Duties in Anderson v. United Airlines (2025) 1. Introduction Case name: Thomas Anderson, et al. v. United...
“Full-Record Review” Standard Solidified: Minimal Oral Explanation Can Sustain Above-Guideline Sentences on Revocation of Supervised Release

“Full-Record Review” Standard Solidified: Minimal Oral Explanation Can Sustain Above-Guideline Sentences on Revocation of Supervised Release

Date: Jun 11, 2025
“Full-Record Review” Standard Solidified: Minimal Oral Explanation Can Sustain Above-Guideline Sentences on Revocation of Supervised Release 1. Introduction In United States v. Roger Snake,...
Beyond the Evidence Table: First Circuit Re-Affirms Courts’ “Un-Flagging Duty” to Investigate Any Contact between a Deliberating Jury and an Adversary’s Case Agent

Beyond the Evidence Table: First Circuit Re-Affirms Courts’ “Un-Flagging Duty” to Investigate Any Contact between a Deliberating Jury and an Adversary’s Case Agent

Date: Jun 11, 2025
Beyond the Evidence Table: First Circuit Re-Affirms Courts’ “Un-Flagging Duty” to Investigate Any Contact between a Deliberating Jury and an Adversary’s Case Agent 1. Introduction United States v....
United States v. Matta-Quiñones (1st Cir. 2025): The “Un-Flagging Duty” to Probe Case-Agent Contact with Deliberating Jurors

United States v. Matta-Quiñones (1st Cir. 2025): The “Un-Flagging Duty” to Probe Case-Agent Contact with Deliberating Jurors

Date: Jun 11, 2025
United States v. Matta-Quiñones (1st Cir. 2025): The “Un-Flagging Duty” to Probe Case-Agent Contact with Deliberating Jurors Introduction On 9 June 2025 the United States Court of Appeals for the...
Fraudulent Concealment by Unnecessary Surgery — A New Reading Emerge in Woodford v. Castro

Fraudulent Concealment by Unnecessary Surgery — A New Reading Emerge in Woodford v. Castro

Date: Jun 11, 2025
Fraudulent Concealment by Unnecessary Surgery — A New Reading Emerge in Woodford v. Castro 1. Introduction This commentary analyses the Michigan Supreme Court’s order in Tracie Woodford v. Dan J....
Hayes v. Watson: Clarifying Preservation After Motions in Limine and the “Any-Purpose” Rule for Adverse-Party Depositions

Hayes v. Watson: Clarifying Preservation After Motions in Limine and the “Any-Purpose” Rule for Adverse-Party Depositions

Date: Jun 11, 2025
Hayes v. Watson: Clarifying Preservation After Motions in Limine and the “Any-Purpose” Rule for Adverse-Party Depositions Introduction Hayes v. Watson, No. 85087 (Nev. Sup. Ct. June 6, 2025), is a...
Hyatt v. Franchise Tax Board: Nevada Supreme Court Reinforces Detailed Documentation for Discovery-Related Travel Costs and Confirms Broad Judicial Discretion for Enhanced Expert Fees

Hyatt v. Franchise Tax Board: Nevada Supreme Court Reinforces Detailed Documentation for Discovery-Related Travel Costs and Confirms Broad Judicial Discretion for Enhanced Expert Fees

Date: Jun 11, 2025
Hyatt v. Franchise Tax Board: Nevada Supreme Court Reinforces Detailed Documentation for Discovery-Related Travel Costs and Confirms Broad Judicial Discretion for Enhanced Expert Fees 1. Introduction...
“Exclusive Environmental Division Jurisdiction over Stand-Alone Zoning Declarations” – Commentary on 32 Intervale, LLC v. City of Burlington (2025)

“Exclusive Environmental Division Jurisdiction over Stand-Alone Zoning Declarations” – Commentary on 32 Intervale, LLC v. City of Burlington (2025)

Date: Jun 11, 2025
Exclusive Environmental Division Jurisdiction over Stand-Alone Zoning Declarations: An In-Depth Commentary on 32 Intervale, LLC v. City of Burlington, 2025 VT ___ 1. Introduction 32 Intervale, LLC v....
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