eighth-circuit-rules-oklahoma&amp Case Commentaries

(Nonprecedential) Second Circuit Clarifies That Home Health Care Benefits Require Either a Licensed Agency or a Certified/Licensed Aide: Jackling v. Brighthouse Life Insurance Co.

Date: Oct 22, 2025

(Nonprecedential) Second Circuit Clarifies That Home Health Care Benefits Require Either a Licensed Agency or a Certified/Licensed Aide: Jackling v. Brighthouse Life Insurance Co. Introduction In an...

Express Incorporation of “Standard Conditions 1–12” Satisfies Maiorana; Delegation of Treatment Details and Third‑Party Search Notifications Upheld

Date: Oct 22, 2025

Express Incorporation of “Standard Conditions 1–12” Satisfies Maiorana; Delegation of Treatment Details and Third‑Party Search Notifications Upheld Introduction In United States v. Randolph, No....

Eleventh Circuit Endorses Corps’ Use of Letters of Permission as NEPA Categorical Exclusions—even in a National Seashore—and Declines Size-Based Limits via Ejusdem Generis

Date: Oct 22, 2025

Eleventh Circuit Endorses Corps’ Use of Letters of Permission as NEPA Categorical Exclusions—even in a National Seashore—and Declines Size-Based Limits via Ejusdem Generis Introduction In Center for...

Eleventh Circuit Clarifies: Misusing the Class‑of‑One Comparator Standard Can Render a Civil Rights Claim “Frivolous,” Justifying § 1988 Defense‑Side Fees

Date: Oct 22, 2025

Eleventh Circuit Clarifies: Misusing the Class‑of‑One Comparator Standard Can Render a Civil Rights Claim “Frivolous,” Justifying § 1988 Defense‑Side Fees Introduction In Hybrid Pharma LLC v. Matthew...

Substantial Truth, Opinion on Intent, and the “Of-and-Concerning” Gatekeeper: Eleventh Circuit Affirms Dismissal in Pick v. Raffensperger and Defers to Local Divisional Venue Rules

Date: Oct 22, 2025

Substantial Truth, Opinion on Intent, and the “Of-and-Concerning” Gatekeeper: Eleventh Circuit Affirms Dismissal in Pick v. Raffensperger and Defers to Local Divisional Venue Rules Introduction In...

Rule 68 Offers Can Contractually Cut Off § 1988 “Fees-on-Fees,” and Across-the-Board Lodestar Reductions Must Be Principled: Commentary on Otto v. City of Boca Raton (11th Cir. 2025)

Date: Oct 22, 2025

Rule 68 Offers Can Contractually Cut Off § 1988 “Fees-on-Fees,” and Across-the-Board Lodestar Reductions Must Be Principled: Commentary on Otto v. City of Boca Raton (11th Cir. 2025) Introduction...

Purity Irrelevant to § 841(b)(1)(B) Mandatory Minimums; “Standard” Supervised-Release Conditions May Be Imposed by Reference — United States v. King (11th Cir. 2025)

Date: Oct 22, 2025

PURITY IRRELEVANT TO § 841(b)(1)(B) MANDATORY MINIMUMS; “STANDARD” SUPERVISED-RELEASE CONDITIONS MAY BE IMPOSED BY REFERENCE United States v. Adam Joseph King, No. 24-12265 (11th Cir. Oct. 20, 2025)...

Jointly Undertaken Courier Schemes: Full Drug-Quantity Attribution and No Minor-Role Reduction Where Mutual Awareness and Shared Logistics Are Shown — United States v. Feliciano (11th Cir. 2025)

Date: Oct 22, 2025

Jointly Undertaken Courier Schemes: Full Drug-Quantity Attribution and No Minor-Role Reduction Where Mutual Awareness and Shared Logistics Are Shown — United States v. Feliciano (11th Cir. 2025)...

Officer-Action-Only Clock: Eleventh Circuit Clarifies That Subject-Caused Hesitation and Concurrent K‑9 Calls Do Not Prolong a Traffic Stop; Reaffirms § 922(g)(1) After Bruen and Rahimi

Date: Oct 22, 2025

Officer-Action-Only Clock: Eleventh Circuit Clarifies That Subject-Caused Hesitation and Concurrent K‑9 Calls Do Not Prolong a Traffic Stop; Reaffirms § 922(g)(1) After Bruen and Rahimi Introduction...

No Probable Cause by Association: Sixth Circuit Limits Early Qualified Immunity Dismissals and Rejects Extra‑Record Evidence at Rule 12

Date: Oct 22, 2025

No Probable Cause by Association: Sixth Circuit Limits Early Qualified Immunity Dismissals and Rejects Extra‑Record Evidence at Rule 12 Case: Andrew Evans v. Mark Gordon, et al. (Nos. 24-2066/2094,...

Sixth Circuit Reaffirms: No Pleading-Stage Qualified Immunity When Complaint Plausibly Alleges Arrest Without Probable Cause; 12(b)(6) Cannot Be Converted into Summary Judgment

Date: Oct 22, 2025

Sixth Circuit Reaffirms: No Pleading-Stage Qualified Immunity When Complaint Plausibly Alleges Arrest Without Probable Cause; 12(b)(6) Cannot Be Converted into Summary Judgment Introduction In Andrew...

Cumulative Inconsistencies Sustain Adverse Credibility; General Country Reports Alone Cannot Support CAT Relief: The Sixth Circuit’s Unpublished Decision in Md. Sundor Ali v. Bondi

Date: Oct 22, 2025

Cumulative Inconsistencies Sustain Adverse Credibility; General Country Reports Alone Cannot Support CAT Relief Introduction In Md. Sundor Ali v. Bondi, No. 24-3867 (6th Cir. Oct. 20, 2025) (not...

Sixth Circuit Reaffirms Tennessee’s Locality Rule and Permits Sua Sponte Summary Judgment After Expert Exclusion: Lenoir v. Shelby County Health Care Corp.

Date: Oct 22, 2025

Sixth Circuit Reaffirms Tennessee’s Locality Rule and Permits Sua Sponte Summary Judgment After Expert Exclusion Lenoir v. Shelby County Health Care Corporation (d/b/a Regional One Health) Court:...

Retaliatory-Intent Upward Variances and Digital Constructive Possession Under § 922(g): United States v. Andrew Miller

Date: Oct 22, 2025

Retaliatory-Intent Upward Variances and Digital Constructive Possession Under § 922(g): United States v. Andrew Miller Introduction This Sixth Circuit decision, though designated “Not Recommended for...

Sixth Circuit clarifies post-Ruan mens rea and upholds deliberate-ignorance instructions for pharmacists under § 841: United States v. Hasna Bashir Iwas

Date: Oct 22, 2025

Sixth Circuit clarifies post-Ruan mens rea and upholds deliberate-ignorance instructions for pharmacists under § 841 Commentary on United States v. Hasna Bashir Iwas, No. 24-1234 (6th Cir. Oct. 20,...

Cross-Corroborated Informant Accounts and Near-in-Time Firearm Recovery Sufficient to Trigger § 2D1.1(b)(1): United States v. Kordell Travis

Date: Oct 22, 2025

Cross-Corroborated Informant Accounts and Near-in-Time Firearm Recovery Sufficient to Trigger § 2D1.1(b)(1): United States v. Kordell Travis Introduction In United States v. Kordell Travis, the U.S....

Express Acceptance of Guideline Calculations Waives Career-Offender Challenges; District Courts May Weigh Non-Scored Convictions under § 3553(a)

Date: Oct 22, 2025

Express Acceptance of Guideline Calculations Waives Career-Offender Challenges; District Courts May Weigh Non-Scored Convictions under § 3553(a) Introduction In United States v. Lee Rose, No. 24-5936...

Rule 11(b)(1)(N) Satisfied Without On-the-Record Recital of Appeal‑Waiver Exceptions; Seriatim Advisements Not Required

Date: Oct 22, 2025

Rule 11(b)(1)(N) Satisfied Without On-the-Record Recital of Appeal‑Waiver Exceptions; Seriatim Advisements Not Required Introduction In United States v. Michael Osborn Thomas (No. 24-2052, 6th Cir....

Sixth Circuit Clarifies Nexus: Ongoing Drug Trafficking Plus Modest Residential Links Satisfy Probable Cause; Courts Remain Extremely Reluctant to Reopen Suppression — United States v. Bradley (6th Cir. 2025)

Date: Oct 22, 2025

Sixth Circuit Clarifies Nexus: Ongoing Drug Trafficking Plus Modest Residential Links Satisfy Probable Cause; Courts Remain Extremely Reluctant to Reopen Suppression — United States v. Bradley (6th...

Clarifying Non-Testimonial Vital Records and the Unavailability of a Mistake-of-Age Defense under 18 U.S.C. § 2251(a): United States v. Burns (6th Cir. 2025)

Date: Oct 22, 2025

Clarifying Non-Testimonial Vital Records and the Unavailability of a Mistake-of-Age Defense under 18 U.S.C. § 2251(a): United States v. Burns (6th Cir. 2025) Court: U.S. Court of Appeals for the...

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