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defining-direct-and-derivative-claims:-delaware& Case Commentaries

People v. Fuentes: Document-Specific “Tends to Impeach” Standard Clarified; Derivative IAB Reports Need Not Precede a Valid Certificate of Compliance

People v. Fuentes: Document-Specific “Tends to Impeach” Standard Clarified; Derivative IAB Reports Need Not Precede a Valid Certificate of Compliance

Date: Oct 25, 2025
People v. Fuentes: Document-Specific “Tends to Impeach” Standard Clarified; Derivative IAB Reports Need Not Precede a Valid Certificate of Compliance Introduction In People v. Fuentes, 2025 NY Slip...
Mandatory Five-Year PRS on DVSJA Determinate Sentences for Class A‑I Felonies and Enforceable Appeal Waivers: Commentary on People v. Hernandez

Mandatory Five-Year PRS on DVSJA Determinate Sentences for Class A‑I Felonies and Enforceable Appeal Waivers: Commentary on People v. Hernandez

Date: Oct 25, 2025
Mandatory Five-Year PRS on DVSJA Determinate Sentences for Class A‑I Felonies and Enforceable Appeal Waivers: People v. Hernandez Introduction In People v. Hernandez, 2025 NY Slip Op 05874 (Oct. 23,...
No “Scene‑of‑Crime” Exception to Miranda: Handcuffs + On‑Scene “Investigatory” Questions Constitute Custodial Interrogation — People v. Robinson (N.Y. 2025)

No “Scene‑of‑Crime” Exception to Miranda: Handcuffs + On‑Scene “Investigatory” Questions Constitute Custodial Interrogation — People v. Robinson (N.Y. 2025)

Date: Oct 25, 2025
No “Scene‑of‑Crime” Exception to Miranda: Handcuffs + On‑Scene “Investigatory” Questions Constitute Custodial Interrogation — People v. Robinson (N.Y. 2025) Introduction In People v. Robinson, 2025...
People v. Wright: New York High Court Holds the Right to Controvert Predicate Violent Felony Allegations is Personal to the Defendant under CPL 400.15(3)

People v. Wright: New York High Court Holds the Right to Controvert Predicate Violent Felony Allegations is Personal to the Defendant under CPL 400.15(3)

Date: Oct 25, 2025
People v. Wright: New York High Court Holds the Right to Controvert Predicate Violent Felony Allegations is Personal to the Defendant under CPL 400.15(3) Court: New York Court of Appeals Citation:...
Reasonableness of a Single Takedown Kick During a Rapid Arrest; District Courts’ Discretion to Decline Florida Battery Claims After Federal Dismissal

Reasonableness of a Single Takedown Kick During a Rapid Arrest; District Courts’ Discretion to Decline Florida Battery Claims After Federal Dismissal

Date: Oct 25, 2025
Reasonableness of a Single Takedown Kick During a Rapid Arrest; District Courts’ Discretion to Decline Florida Battery Claims After Federal Dismissal Introduction This unpublished, per curiam...
Headlong Flight at a Closed Business Converts Reasonable Suspicion into Probable Cause for Alabama Third-Degree Trespass; Eleventh Circuit Reaffirms § 922(g)(1) Post-Bruen/Rahimi

Headlong Flight at a Closed Business Converts Reasonable Suspicion into Probable Cause for Alabama Third-Degree Trespass; Eleventh Circuit Reaffirms § 922(g)(1) Post-Bruen/Rahimi

Date: Oct 25, 2025
Headlong Flight at a Closed Business Converts Reasonable Suspicion into Probable Cause for Alabama Third-Degree Trespass; Eleventh Circuit Reaffirms § 922(g)(1) Post-Bruen/Rahimi Case: United States...
Enforcing Neutral Medical-Clearance Policies as a Legitimate Non-Discriminatory Basis: Sixth Circuit Affirms Summary Judgment and Highlights Proof Requirements for Hostile Environment and Retaliation

Enforcing Neutral Medical-Clearance Policies as a Legitimate Non-Discriminatory Basis: Sixth Circuit Affirms Summary Judgment and Highlights Proof Requirements for Hostile Environment and Retaliation

Date: Oct 25, 2025
Enforcing Neutral Medical-Clearance Policies as a Legitimate Non-Discriminatory Basis: Sixth Circuit Affirms Summary Judgment and Highlights Proof Requirements for Hostile Environment and Retaliation...
Ethnic Modifiers Do Not Salvage Circular Particular Social Groups, and Nexus Cannot Be Inferred from Population-Level Disparities: Commentary on Macario‑Tzoc v. Bondi (6th Cir. 2025)

Ethnic Modifiers Do Not Salvage Circular Particular Social Groups, and Nexus Cannot Be Inferred from Population-Level Disparities: Commentary on Macario‑Tzoc v. Bondi (6th Cir. 2025)

Date: Oct 25, 2025
Ethnic Modifiers Do Not Salvage Circular Particular Social Groups, and Nexus Cannot Be Inferred from Population‑Level Disparities: Commentary on Macario‑Tzoc v. Bondi (6th Cir. 2025) Court: U.S....
Accessibility and Temporal Proximity Satisfy “During the Offense” for § 2D1.1(b)(1) Firearm Enhancement

Accessibility and Temporal Proximity Satisfy “During the Offense” for § 2D1.1(b)(1) Firearm Enhancement

Date: Oct 25, 2025
Accessibility and Temporal Proximity Satisfy “During the Offense” for § 2D1.1(b)(1) Firearm Enhancement Introduction In United States v. Byron Metcalf-Burroughs (No. 24-1944, 6th Cir. Oct. 22, 2025)...
Sixth Circuit Clarifies Discretion to Deny Time‑Served Variances Without “Magic Words” and to Avoid Double Credit

Sixth Circuit Clarifies Discretion to Deny Time‑Served Variances Without “Magic Words” and to Avoid Double Credit

Date: Oct 25, 2025
Sixth Circuit Clarifies Discretion to Deny Time‑Served Variances Without “Magic Words” and to Avoid Double Credit Introduction In United States v. Lawrence Edward Slaughter, II (6th Cir. Oct. 22,...
Operationalizing Williams: Gang-Related Gun Lending and Repeat Firearm Offenses Establish “Dangerousness” in § 922(g)(1) As‑Applied Challenges

Operationalizing Williams: Gang-Related Gun Lending and Repeat Firearm Offenses Establish “Dangerousness” in § 922(g)(1) As‑Applied Challenges

Date: Oct 25, 2025
Operationalizing Williams: Gang-Related Gun Lending and Repeat Firearm Offenses Establish “Dangerousness” in § 922(g)(1) As‑Applied Challenges Case: United States v. William Lee Suggs, IV, No....
Pad-Change Logs as Substantial Evidence and SSR 96-9p’s Specificity Requirement: Tenth Circuit Affirms RFC Without Extra Restroom or Assistive-Device Accommodations

Pad-Change Logs as Substantial Evidence and SSR 96-9p’s Specificity Requirement: Tenth Circuit Affirms RFC Without Extra Restroom or Assistive-Device Accommodations

Date: Oct 25, 2025
Pad-Change Logs as Substantial Evidence and SSR 96-9p’s Specificity Requirement: Tenth Circuit Affirms RFC Without Extra Restroom or Assistive-Device Accommodations Introduction In S.J.B. v....
United States v. Fernandez: No Ineffective Assistance for Failing to Advance a Novel “Lifting-Duration” Search Theory

United States v. Fernandez: No Ineffective Assistance for Failing to Advance a Novel “Lifting-Duration” Search Theory

Date: Oct 25, 2025
United States v. Fernandez: No Ineffective Assistance for Failing to Advance a Novel “Lifting-Duration” Search Theory Introduction This commentary examines the Tenth Circuit’s Order and Judgment in...
Tenth Circuit Reaffirms: Rebutted § 3142(e)(3)(E) Presumption Remains Weighty; Uncharged Conduct and Digital Evidence Can Support Detention in Child‑Exploitation Prosecutions

Tenth Circuit Reaffirms: Rebutted § 3142(e)(3)(E) Presumption Remains Weighty; Uncharged Conduct and Digital Evidence Can Support Detention in Child‑Exploitation Prosecutions

Date: Oct 25, 2025
Tenth Circuit Reaffirms: Rebutted § 3142(e)(3)(E) Presumption Remains Weighty; Uncharged Conduct and Digital Evidence Can Support Detention in Child‑Exploitation Prosecutions Case: United States v....
Independent Investigations Break the Cat’s Paw: Seventh Circuit Clarifies Comparator Rules and Causation in Age Discrimination Claims

Independent Investigations Break the Cat’s Paw: Seventh Circuit Clarifies Comparator Rules and Causation in Age Discrimination Claims

Date: Oct 25, 2025
Independent Investigations Break the Cat’s Paw: Seventh Circuit Clarifies Comparator Rules and Causation in Age Discrimination Claims Introduction In Ronald Gaines v. Thomas J. Dart, the U.S. Court...
United States v. Jackson: Reaffirming Mandatory Revocation for Grade A Violations and the Use of Anders in Supervised-Release Appeals

United States v. Jackson: Reaffirming Mandatory Revocation for Grade A Violations and the Use of Anders in Supervised-Release Appeals

Date: Oct 25, 2025
United States v. Jackson: Reaffirming Mandatory Revocation for Grade A Violations and the Use of Anders in Supervised-Release Appeals Court: U.S. Court of Appeals for the Seventh Circuit Date:...
Conlon v. Scaltreto: First Circuit shields beanbag-shotgun use under qualified immunity, revives deadly-force claim where “armed advancement” is disputed, and limits ADA/Monell theories in mental‑health encounters

Conlon v. Scaltreto: First Circuit shields beanbag-shotgun use under qualified immunity, revives deadly-force claim where “armed advancement” is disputed, and limits ADA/Monell theories in mental‑health encounters

Date: Oct 25, 2025
Conlon v. Scaltreto: First Circuit shields beanbag-shotgun use under qualified immunity, revives deadly-force claim where “armed advancement” is disputed, and limits ADA/Monell theories in...
When Opinions Become Facts: First Circuit Holds Baseless Personal‑Knowledge Vouching Can Be “False” Under §1001 and Rejects Money‑Laundering Merger Where Bribery Proceeds Arise at Agreement

When Opinions Become Facts: First Circuit Holds Baseless Personal‑Knowledge Vouching Can Be “False” Under §1001 and Rejects Money‑Laundering Merger Where Bribery Proceeds Arise at Agreement

Date: Oct 25, 2025
When Opinions Become Facts: Baseless Personal‑Knowledge Vouching Is Actionable Under §1001; False Invoices Can Support §1956(h) Concealment Without Merger Because Bribery Proceeds Arise at Agreement...
Undue Hardship After Groff: Fourth Circuit Holds Health and Safety Risks and Aggregate Operational Disruption Justify Denial of Religious COVID-19 Vaccine Exemptions in Healthcare

Undue Hardship After Groff: Fourth Circuit Holds Health and Safety Risks and Aggregate Operational Disruption Justify Denial of Religious COVID-19 Vaccine Exemptions in Healthcare

Date: Oct 25, 2025
Undue Hardship After Groff: Fourth Circuit Holds Health and Safety Risks and Aggregate Operational Disruption Justify Denial of Religious COVID-19 Vaccine Exemptions in Healthcare Introduction In...
Implied Misrepresentation in Prescription Claims Suffices for Health Care Fraud Under 18 U.S.C. § 1347 — Third Circuit (United States v. Mattia)

Implied Misrepresentation in Prescription Claims Suffices for Health Care Fraud Under 18 U.S.C. § 1347 — Third Circuit (United States v. Mattia)

Date: Oct 25, 2025
Implied Misrepresentation in Prescription Claims Suffices for Health Care Fraud Under 18 U.S.C. § 1347 United States v. Carmine A. Mattia, Jr., No. 24-2589 (3d Cir. Oct. 21, 2025) (precedential)...
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