defendant&amp Case Commentaries

Causation-by-Solicitation Confirmed: Eleventh Circuit Applies §2G2.1 Cross-Reference to a Buyer Who Prompted New Production; Harmless-Error Where Statutory Maximum Caps the Guidelines Range

Date: Oct 2, 2025

Causation-by-Solicitation Confirmed: Eleventh Circuit Applies §2G2.1 Cross-Reference to a Buyer Who Prompted New Production; Harmless-Error Where Statutory Maximum Caps the Guidelines Range...

Pending State Charges and Pretrial Misconduct Can Justify Major Upward Variances in Illegal Reentry Sentences; No Continuance Absent Specific, Non‑Speculative Prejudice

Date: Oct 2, 2025

Pending State Charges and Pretrial Misconduct Can Justify Major Upward Variances in Illegal Reentry Sentences; No Continuance Absent Specific, Non‑Speculative Prejudice Case: United States v. Jorge...

Investigating Grand Jury Presentments Create Prima Facie Probable Cause in § 1983 False Arrest and Malicious Prosecution Claims—Omission of Exculpatory Evidence Does Not Rebut the Presumption

Date: Oct 1, 2025

Investigating Grand Jury Presentments Create Prima Facie Probable Cause in § 1983 False Arrest and Malicious Prosecution Claims—Omission of Exculpatory Evidence Does Not Rebut the Presumption Case:...

Occasion Means More Than Time Stamps: Third Circuit Vacates §4B1.5(b) Pattern Enhancement and Remands to Assess Whether a Prior Assault Was a Separate Occasion

Date: Oct 1, 2025

Occasion Means More Than Time Stamps: Third Circuit Vacates §4B1.5(b) Pattern Enhancement and Remands to Assess Whether a Prior Assault Was a Separate Occasion Case: United States v. Jeffrey Colin...

Hybrid Restitution Under the MVRA: Third Circuit Endorses Flexible Crediting and Rejects Blanket “Sheets” Rule in United States v. Shvets

Date: Oct 1, 2025

Hybrid Restitution Under the MVRA: Third Circuit Endorses Flexible Crediting and Rejects Blanket “Sheets” Rule in United States v. Shvets Introduction In United States v. Natalya Shvets, the Third...

Explicit Warnings Suffice as “Lesser Sanctions”: Fifth Circuit Affirms Rule 41(b) Dismissal for Repeated Defiance of Deposition Orders in Lee v. Southwest Airlines

Date: Oct 1, 2025

Explicit Warnings Suffice as “Lesser Sanctions”: Fifth Circuit Affirms Rule 41(b) Dismissal for Repeated Defiance of Deposition Orders in Lee v. Southwest Airlines Introduction This commentary...

No Clearly Established Due Process Right in Inmate Craft‑Sale Proceeds: Fifth Circuit Grants Qualified Immunity in Savage v. Westcott

Date: Oct 1, 2025

No Clearly Established Due Process Right in Inmate Craft‑Sale Proceeds: Fifth Circuit Grants Qualified Immunity in Savage v. Westcott Introduction In Savage v. Westcott, the United States Court of...

Tenth Circuit Clarifies that Broad Habitability Exclusions Defeat the Duty to Defend Even When Claims Are Pleaded as Negligence

Date: Oct 1, 2025

Tenth Circuit Clarifies that Broad Habitability Exclusions Defeat the Duty to Defend Even When Claims Are Pleaded as Negligence Case: Atain Specialty Insurance Company v. Eagle's Pointe, LLC, No....

Time-of-Decision Controls Qualifying-Child Status Under § 1229b(b)(1)(D); Post-Loper Bright, No Agency Deference; BIA’s Waiver Determinations Constrained by 8 C.F.R. § 1003.3(b)

Date: Oct 1, 2025

Time-of-Decision Controls Qualifying-Child Status Under § 1229b(b)(1)(D); Post-Loper Bright, No Agency Deference; BIA’s Waiver Determinations Constrained by 8 C.F.R. § 1003.3(b) Introduction In...

Failure to Attend Successor Onboarding Is Not an Adverse Action by the Outgoing Employer: The Tenth Circuit’s ADA Baseline in Swepson v. Aimbridge

Date: Oct 1, 2025

Failure to Attend Successor Onboarding Is Not an Adverse Action by the Outgoing Employer: The Tenth Circuit’s ADA Baseline in Swepson v. Aimbridge Introduction In Swepson v. Aimbridge Employee...

Tenth Circuit Confirms Materiality of Form 4473 Indictment Question: § 922(a)(6) Convictions Stand Because § 922(n) Is Facially Constitutional (United States v. Peavler)

Date: Oct 1, 2025

Tenth Circuit Confirms Materiality of Form 4473 Indictment Question: § 922(a)(6) Convictions Stand Because § 922(n) Is Facially Constitutional (United States v. Peavler) Note: This Order and Judgment...

No Right to Nullify Materiality: Tenth Circuit Holds False Denial of Felony Indictment on Form 4473 Is Actionable Because § 922(n) Is Facially Valid

Date: Oct 1, 2025

No Right to Nullify Materiality: Tenth Circuit Holds False Denial of Felony Indictment on Form 4473 Is Actionable Because § 922(n) Is Facially Valid Introduction In United States v. Reilly...

Futility Requires Evidence and CAT Demands Official Acquiescence: Guidance from Masaquiza‑Masaquiza v. Bondi (2d Cir. 2025)

Date: Oct 1, 2025

Futility Requires Evidence and CAT Demands Official Acquiescence: Guidance from Masaquiza‑Masaquiza v. Bondi (2d Cir. 2025) Note: This decision is a Summary Order of the U.S. Court of Appeals for the...

Plain-View Hazards on Icy Roads: Comparative Negligence for the Jury; No Default Spoliation for Pre‑Notice Telematics Loss

Date: Oct 1, 2025

Plain-View Hazards on Icy Roads: Comparative Negligence for the Jury; No Default Spoliation for Pre‑Notice Telematics Loss Introduction In Fahrnow v. E-5 Oilfield Services, 2025 MT 220, the Montana...

Noncompliance and Open‑Ended Incarceration: Termination Without Less Restrictive Alternatives and No Post‑Dispositional Improvement Period

Date: Oct 1, 2025

Noncompliance and Open‑Ended Incarceration: Termination Without Less Restrictive Alternatives and No Post‑Dispositional Improvement Period Case: In re A.F. and H.J., No. 24-574 Court: Supreme Court...

Consent to Guardianship Is Not a Safe Harbor: West Virginia Affirms Termination Where No Reasonable Likelihood of Correction Exists

Date: Oct 1, 2025

Consent to Guardianship Is Not a Safe Harbor: West Virginia Affirms Termination Where No Reasonable Likelihood of Correction Exists Case: In re A.A., K.A., and A.R., No. 24-474 (W. Va. Sept. 30,...

In re G.J.: Refusal to Engage in Services Justifies Termination Without Less Restrictive Alternatives and Supports Denial of Post‑Termination Visitation

Date: Oct 1, 2025

In re G.J.: Refusal to Engage in Services Justifies Termination Without Less Restrictive Alternatives and Supports Denial of Post‑Termination Visitation Introduction In a memorandum decision dated...

In re G.A.: West Virginia High Court Reaffirms Written-Motion Prerequisite for Improvement Periods and Clarifies That Less Restrictive Alternatives Are Not Required When Statutory Termination Criteria Are Met

Date: Oct 1, 2025

In re G.A.: Reaffirming the Written-Motion Requirement for Improvement Periods and the Permissibility of Termination Without Less Restrictive Alternatives Introduction In a memorandum decision issued...

Express Findings and Maximization Required to Deviate from West Virginia’s Statutory 50/50 Custody Presumption

Date: Oct 1, 2025

Express Findings and Maximization Required to Deviate from West Virginia’s Statutory 50/50 Custody Presumption Introduction In In re R.L., No. 24-395 (W. Va. Sept. 30, 2025), the Supreme Court of...

Reaffirming Denial of Improvement Periods and Termination Where Parent Fails to Engage: West Virginia High Court’s Memorandum Decision in In re J.H., J.M., T.K., and R.K.

Date: Oct 1, 2025

Reaffirming Denial of Improvement Periods and Termination Where Parent Fails to Engage: West Virginia High Court’s Memorandum Decision in In re J.H., J.M., T.K., and R.K. Introduction This commentary...

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defendant&amp Case Commentaries

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