eighth-circuit-rules-oklahoma&amp Case Commentaries

Progressive, Standard-of-Care Treatment Defeats Eighth Amendment Deliberate Indifference; No Monell Liability Without a Predicate Violation

Date: Oct 22, 2025

Progressive, Standard-of-Care Treatment Defeats Eighth Amendment Deliberate Indifference; No Monell Liability Without a Predicate Violation Introduction In Potter v. Johnson, No. 25-8033 (10th Cir....

Creditor’s Right to Repayment and Escrow Possession Are “Property” Under the Wire-Fraud Statute; Internet Use Alone Is Not Interstate: United States v. Baker (10th Cir. 2025)

Date: Oct 22, 2025

Creditor’s Right to Repayment and Escrow Possession Are “Property” Under the Wire-Fraud Statute; Internet Use Alone Is Not Interstate: United States v. Baker (10th Cir. 2025) Introduction In a...

Actual Authority, Not Apparent Team Membership: Tenth Circuit Denies COA Where State Proffer Terms Did Not Bind Federal Prosecutors and Rule 410 Was Waived

Date: Oct 22, 2025

Actual Authority, Not Apparent Team Membership: Tenth Circuit Denies COA Where State Proffer Terms Did Not Bind Federal Prosecutors and Rule 410 Was Waived Introduction In United States v. Brown, No....

FTCA Accrual Starts with Post‑Surgical Complications, Not Later Medical Imaging: The First Circuit’s Objective Discovery Rule in Roldán‑Barrios v. United States

Date: Oct 22, 2025

FTCA Accrual Starts with Post‑Surgical Complications, Not Later Medical Imaging: The First Circuit’s Objective Discovery Rule in Roldán‑Barrios v. United States Introduction In Roldán‑Barrios v....

A Second Superseding Indictment Restores Probable Cause and Forecloses FTCA Malicious Prosecution; No Bivens Extension for CBP Grand Jury Testimony

Date: Oct 22, 2025

A Second Superseding Indictment Restores Probable Cause and Forecloses FTCA Malicious Prosecution; No Bivens Extension for CBP Grand Jury Testimony Introduction In Sanchez-Jimenez v. United States,...

Equitable Dissolution of Delaware Statutory Trusts for Contempt: Delaware Supreme Court Affirms Sanctions Reaching Beneficial Interests and Non‑Party Controllers to Protect S‑Corporation Status

Date: Oct 22, 2025

Equitable Dissolution of Delaware Statutory Trusts for Contempt: Delaware Supreme Court Affirms Sanctions Reaching Beneficial Interests and Non‑Party Controllers to Protect S‑Corporation Status...

Comparator Rigor in Selective Code Enforcement: Third Circuit Clarifies “Similarly Situated” Under Equal Protection

Date: Oct 22, 2025

Comparator Rigor in Selective Code Enforcement: Third Circuit Clarifies “Similarly Situated” Under Equal Protection Introduction This commentary analyzes the Third Circuit’s nonprecedential decision...

Padilla’s Boundary in the Third Circuit: No Sixth Amendment Duty to Warn of False Claims Act Civil Liability; Any Expansion Would Be Non‑Retroactive

Date: Oct 22, 2025

Padilla’s Boundary in the Third Circuit: No Sixth Amendment Duty to Warn of False Claims Act Civil Liability; Any Expansion Would Be Non‑Retroactive Introduction In a precedential decision issued on...

Padilla Limited to Deportation; Sixth Amendment Duty Confined to Direct Plea Consequences—No Duty to Warn of False Claims Act Exposure

Date: Oct 22, 2025

Padilla Limited to Deportation; Sixth Amendment Duty Confined to Direct Plea Consequences—No Duty to Warn of False Claims Act Exposure Case: Nita Patel v. United States; Kirtish N. Patel v. United...

Post-Filing FTCA Presentment Cannot Cure Jurisdiction; Limited Discovery on Westfall Act Certifications Requires a Factual Divergence from the Complaint

Date: Oct 22, 2025

Post-Filing FTCA Presentment Cannot Cure Jurisdiction; Limited Discovery on Westfall Act Certifications Requires a Factual Divergence from the Complaint Court: United States Court of Appeals for the...

No Ex parte Young Path to “Just Compensation” for Texas Unclaimed Property: Fifth Circuit Bars Federal Takings Claim on Sovereign Immunity Grounds

Date: Oct 22, 2025

No Ex parte Young Path to “Just Compensation” for Texas Unclaimed Property: Fifth Circuit Bars Federal Takings Claim on Sovereign Immunity Grounds Introduction In Ambriz v. Hancock, No. 23-50582 (5th...

Speculative Risk Is Not “Substantial Prejudice”: Fifth Circuit Tightens Sanctions Due Process and Bars Johnson Double-Counting in CEATS v. TicketNetwork

Date: Oct 22, 2025

Speculative Risk Is Not “Substantial Prejudice”: Fifth Circuit Tightens Sanctions Due Process and Bars Johnson Double-Counting in CEATS v. TicketNetwork Introduction In this second trip to the Fifth...

Threatening to Retain Property Beyond a Possessory Lien Constitutes TTLA “Coercion”; Expectation Damages Must Net Avoided Costs — Rose v. Equis Equine (5th Cir. 2025)

Date: Oct 22, 2025

Threatening to Retain Property Beyond a Possessory Lien Constitutes TTLA “Coercion”; Expectation Damages Must Net Avoided Costs — Rose v. Equis Equine (5th Cir. 2025) Introduction In Rose v. Equis...

No Special Forfeiture Exception for Pro Se Appellants: Fifth Circuit Affirms Summary Judgment and Flags Fabricated Citations in Scroggins v. City of Shreveport

Date: Oct 22, 2025

No Special Forfeiture Exception for Pro Se Appellants: Fifth Circuit Affirms Summary Judgment and Flags Fabricated Citations in Scroggins v. City of Shreveport Introduction This Fifth Circuit...

Material Omissions as “False Entries” Under 18 U.S.C. § 1005 When Context and Duty to Disclose Render Them Literally False: Fifth Circuit’s Post-Thompson Clarification in United States v. Ryan

Date: Oct 22, 2025

Material Omissions as “False Entries” Under 18 U.S.C. § 1005 When Context and Duty to Disclose Render Them Literally False: Fifth Circuit’s Post-Thompson Clarification in United States v. Ryan...

Averaging Competing Expert Figures Is Not a Culver II Analysis: The Fifth Circuit Vacates a Future Wage-Loss Award and Reaffirms No Punitive Damages for Delayed Cure Absent Bad Faith

Date: Oct 22, 2025

Averaging Competing Expert Figures Is Not a Culver II Analysis: The Fifth Circuit Vacates a Future Wage-Loss Award and Reaffirms No Punitive Damages for Delayed Cure Absent Bad Faith Introduction In...

Unpublished Clarification: Testimonial Inconsistencies Alone Do Not Trigger a Mental-Competency Inquiry; Adverse Credibility Can Make Country-Conditions Evidence Irrelevant to CAT Relief

Date: Oct 22, 2025

Unpublished Clarification: Testimonial Inconsistencies Alone Do Not Trigger a Mental-Competency Inquiry; Adverse Credibility Can Make Country-Conditions Evidence Irrelevant to CAT Relief Introduction...

United States v. Simpson: Fourth Circuit Declines to Enforce Appeal Waiver Lacking Consideration; Reaffirms Reliability-Based Sentencing Findings and Temporal-Spatial Nexus for Firearm Enhancements

Date: Oct 22, 2025

United States v. Simpson: Fourth Circuit Declines to Enforce Appeal Waiver Lacking Consideration; Reaffirms Reliability-Based Sentencing Findings and Temporal-Spatial Nexus for Firearm Enhancements...

Rule 60(b) Appeals Stand Alone: Timeliness, Scope, and Frivolousness in Sullivan v. Graham (10th Cir. 2025)

Date: Oct 22, 2025

Rule 60(b) Appeals Stand Alone: Timeliness, Scope, and Frivolousness in Sullivan v. Graham Introduction In Sullivan v. Graham, Nos. 24-3113 & 24-3114 (10th Cir. Oct. 17, 2025), a panel of the U.S....

Tenth Circuit Reaffirms the Narrow Scope of Rule 60(b) Appeals and Confirms Authority to Dismiss Timely Appeals as Frivolous

Date: Oct 22, 2025

Tenth Circuit Reaffirms the Narrow Scope of Rule 60(b) Appeals and Confirms Authority to Dismiss Timely Appeals as Frivolous Introduction In Sullivan v. Hartford Financial Services Group,...

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