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clarifying-the-&amp Case Commentaries

Limiting Counterman’s Recklessness Requirement to True-Threats Stalking Charges

Limiting Counterman’s Recklessness Requirement to True-Threats Stalking Charges

Date: May 13, 2025
Limiting Counterman’s Recklessness Requirement to True-Threats Stalking Charges Introduction In In Re The People of the State of Colorado v. David Samuel Crawford (2025 CO 22), the Colorado Supreme...
Requirement of Intended Third-Party Reliance in Fraud Claims: Daughtry v. Silver Fern Chemical

Requirement of Intended Third-Party Reliance in Fraud Claims: Daughtry v. Silver Fern Chemical

Date: May 13, 2025
Requirement of Intended Third-Party Reliance in Fraud Claims: Daughtry v. Silver Fern Chemical Introduction Daughtry v. Silver Fern Chemical, decided by the United States Court of Appeals for the...
Qualified Immunity for Non-Final Decision-Makers in First Amendment Retaliation: Atkins v. Hopkins

Qualified Immunity for Non-Final Decision-Makers in First Amendment Retaliation: Atkins v. Hopkins

Date: May 13, 2025
Qualified Immunity for Non-Final Decision-Makers in First Amendment Retaliation: Atkins v. Hopkins Introduction The Fifth Circuit’s decision in Atkins v. Hopkins (No. 24-60058, May 12, 2025)...
Extrinsic Evidence Mandate for Ambiguous Severance Provisions: First Circuit Decision in Dahua Technology USA, Inc. v. Zhang

Extrinsic Evidence Mandate for Ambiguous Severance Provisions: First Circuit Decision in Dahua Technology USA, Inc. v. Zhang

Date: May 13, 2025
Extrinsic Evidence Mandate for Ambiguous Severance Provisions: First Circuit Decision in Dahua Technology USA, Inc. v. Zhang Introduction This commentary reviews the Court of Appeals for the First...
“Clear-Reference” Requirement for Standard Conditions of Supervised Release – A Commentary on United States v. Jerome Kiggundu (11th Cir. 2025)

“Clear-Reference” Requirement for Standard Conditions of Supervised Release – A Commentary on United States v. Jerome Kiggundu (11th Cir. 2025)

Date: May 13, 2025
“Clear-Reference” Requirement for Standard Conditions of Supervised Release Commentary on United States v. Jerome Kiggundu, 22-12011 (11th Cir. May 12 2025) Introduction The Eleventh Circuit’s...
Re-affirming the Primacy of the Buckles Factors: United States v. Andre Lorquet (11th Cir. 2025)

Re-affirming the Primacy of the Buckles Factors: United States v. Andre Lorquet (11th Cir. 2025)

Date: May 13, 2025
Re-affirming the Primacy of the Buckles Factors: The Heavy Burden for Withdrawing a Guilty Plea in United States v. Andre Lorquet Introduction Case Overview. In United States v. Andre Lorquet, the...
Young v. Clerk of Court: The Eleventh Circuit Affirms Broad Discretion to Dismiss “Shotgun” Pleadings—Even from Pro Se Litigants

Young v. Clerk of Court: The Eleventh Circuit Affirms Broad Discretion to Dismiss “Shotgun” Pleadings—Even from Pro Se Litigants

Date: May 13, 2025
Young v. Clerk of Court: The Eleventh Circuit Affirms Broad Discretion to Dismiss “Shotgun” Pleadings—Even from Pro Se Litigants Introduction Rubin Young v. Clerk of Court for Miami-Dade County (11th...
Economic Extortion Is Not Political Persecution: The Nexus Clarified in Parra-Villalobos v. U.S. Attorney General (11th Cir. 2025)

Economic Extortion Is Not Political Persecution: The Nexus Clarified in Parra-Villalobos v. U.S. Attorney General (11th Cir. 2025)

Date: May 13, 2025
Economic Extortion Is Not Political Persecution: The Nexus Clarified in Parra-Villalobos v. U.S. Attorney General (11th Cir. 2025) 1. Introduction In Parra-Villalobos v. U.S. Attorney General, the...
Scope of “Taking” Under 18 U.S.C. § 2119: No Claim-of-Right Defense in Federal Carjacking

Scope of “Taking” Under 18 U.S.C. § 2119: No Claim-of-Right Defense in Federal Carjacking

Date: May 13, 2025
Scope of “Taking” Under 18 U.S.C. § 2119: No Claim-of-Right Defense in Federal Carjacking Introduction The Tenth Circuit’s decision in United States v. Barnes (No. 22-2147, decided May 12, 2025)...
Confidentiality Instructions and Threats of Business Relocation as Unfair Labor Practices: 3484, Inc. v. NLRB

Confidentiality Instructions and Threats of Business Relocation as Unfair Labor Practices: 3484, Inc. v. NLRB

Date: May 13, 2025
Confidentiality Instructions and Threats of Business Relocation as Unfair Labor Practices: 3484, Inc. v. NLRB Introduction In 3484, Inc. v. National Labor Relations Board, 10th Cir. (May 12, 2025),...
Non-Content-Based Stalking: Mens Rea Clarification in In Re People v. Crawford (2025 CO 22)

Non-Content-Based Stalking: Mens Rea Clarification in In Re People v. Crawford (2025 CO 22)

Date: May 13, 2025
Non-Content-Based Stalking: Mens Rea Clarification in In Re People v. Crawford (2025 CO 22) Introduction In In Re The People of the State of Colorado v. David Samuel Crawford (2025 CO 22), the...
Application of Homicide Cross-Reference in Felon-in-Possession Sentencing under U.S.S.G. §2K2.1(c)(1)(B)

Application of Homicide Cross-Reference in Felon-in-Possession Sentencing under U.S.S.G. §2K2.1(c)(1)(B)

Date: May 13, 2025
Application of Homicide Cross-Reference in Felon-in-Possession Sentencing under U.S.S.G. §2K2.1(c)(1)(B) Introduction United States v. McDowell, 5th Cir. No. 24-10292 (May 12, 2025), presents a...
Enforceability of “Any Breach” Carve-Outs in Covenants Not to Sue

Enforceability of “Any Breach” Carve-Outs in Covenants Not to Sue

Date: May 13, 2025
Enforceability of “Any Breach” Carve-Outs in Covenants Not to Sue Introduction In Stony Battery RD Property Owner LLC v. QVC Inc., the Third Circuit addressed the scope and enforceability of a...
Limiting Section 1983 and Title VII Actions: Sovereign Immunity, State-Actor Doctrine, and Res Judicata in Michael Kissell v. Pennsylvania Office of the Budget

Limiting Section 1983 and Title VII Actions: Sovereign Immunity, State-Actor Doctrine, and Res Judicata in Michael Kissell v. Pennsylvania Office of the Budget

Date: May 13, 2025
Limiting Section 1983 and Title VII Actions: Sovereign Immunity, State-Actor Doctrine, and Res Judicata in Michael Kissell v. Pennsylvania Office of the Budget Introduction In Michael Kissell v....
Clarifying the Timeliness of FAA Confirmation Petitions after Limited Remand – Subway Int’l B.V. v. Subway Russia Franchising Co.

Clarifying the Timeliness of FAA Confirmation Petitions after Limited Remand – Subway Int’l B.V. v. Subway Russia Franchising Co.

Date: May 13, 2025
Clarifying the Timeliness of FAA Confirmation Petitions after Limited Remand – Subway Int’l B.V. v. Subway Russia Franchising Co. Introduction The Second Circuit’s summary order in Subway...
Nonretroactive First Step Act Amendments as “Extraordinary and Compelling” Grounds for § 3582(c)(1)(A) Relief

Nonretroactive First Step Act Amendments as “Extraordinary and Compelling” Grounds for § 3582(c)(1)(A) Relief

Date: May 13, 2025
Nonretroactive First Step Act Amendments as “Extraordinary and Compelling” Grounds for § 3582(c)(1)(A) Relief Introduction United States v. Cruz-Rivera is a First Circuit decision addressing the...
Refining Williams Act Group Liability and Proxy Misrepresentation Standards in Closed-End Mutual Fund Contests

Refining Williams Act Group Liability and Proxy Misrepresentation Standards in Closed-End Mutual Fund Contests

Date: May 13, 2025
Refining Williams Act Group Liability and Proxy Misrepresentation Standards in Closed-End Mutual Fund Contests Introduction Tax-Free Fixed Income Fund for Puerto Rico Residents, Inc. and eight...
Limits of Fourth Amendment Protections in Private Automated Hash-Based Monitoring: United States v. Rosenschein

Limits of Fourth Amendment Protections in Private Automated Hash-Based Monitoring: United States v. Rosenschein

Date: May 13, 2025
Limits of Fourth Amendment Protections in Private Automated Hash-Based Monitoring: United States v. Rosenschein Introduction United States v. Rosenschein (10th Cir. 2025) addresses whether...
United States v. Lorquet: Reinforcing the Buckles Framework and the Presumption of Veracity in Plea-Withdrawal Motions

United States v. Lorquet: Reinforcing the Buckles Framework and the Presumption of Veracity in Plea-Withdrawal Motions

Date: May 13, 2025
United States v. Lorquet: Reinforcing the Buckles Framework and the Presumption of Veracity in Plea-Withdrawal Motions I. Introduction In United States v. Andre Lorquet, No. 24-10902 (11th Cir....
Eleventh Circuit Narrows “Right to Record” Doctrine in Government Facilities: Commentary on Steven R. DeWitt v. Ceressa Haney (2025)

Eleventh Circuit Narrows “Right to Record” Doctrine in Government Facilities: Commentary on Steven R. DeWitt v. Ceressa Haney (2025)

Date: May 13, 2025
Eleventh Circuit Narrows “Right to Record” Doctrine in Government Facilities Comprehensive Commentary on Steven R. DeWitt v. Ceressa Haney, 23-11203 (11th Cir. 2025) Introduction This commentary...
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