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eighth-circuit-rules-oklahoma&amp Case Commentaries

Sampson Limited: Affirmative Defenses Must Be Evidenced at Summary Judgment; Hayden Foreclosure Standard Reaffirmed

Sampson Limited: Affirmative Defenses Must Be Evidenced at Summary Judgment; Hayden Foreclosure Standard Reaffirmed

Date: Sep 13, 2025
Sampson Limited: Affirmative Defenses Must Be Evidenced at Summary Judgment; Hayden Foreclosure Standard Reaffirmed Introduction In Russell A. Collins and Stacey D. Collins v. West Alabama Bank &...
Ex parte Tanner: Extending Ford’s “Relate-To” Specific Jurisdiction to Cross‑Border Health Systems; AMLA Venue Applicability to Out‑of‑State Malpractice Unresolved

Ex parte Tanner: Extending Ford’s “Relate-To” Specific Jurisdiction to Cross‑Border Health Systems; AMLA Venue Applicability to Out‑of‑State Malpractice Unresolved

Date: Sep 13, 2025
Ex parte Tanner: Extending Ford’s “Relate-To” Specific Jurisdiction to Cross‑Border Health Systems; AMLA Venue Applicability to Out‑of‑State Malpractice Unresolved Introduction This commentary...
Sixth Circuit: Four-Month Gap and a Conflated OCRC Probable-Cause Letter Are Insufficient to Prove Causation in Title VII Retaliation

Sixth Circuit: Four-Month Gap and a Conflated OCRC Probable-Cause Letter Are Insufficient to Prove Causation in Title VII Retaliation

Date: Sep 13, 2025
Sixth Circuit: Four-Month Gap and a Conflated OCRC Probable-Cause Letter Are Insufficient to Prove Causation in Title VII Retaliation Introduction In Theresa A. Kovacs v. University of Toledo, No....
Post-Muldrow in the Sixth Circuit: “Some Harm” Suffices for Title VII Discrimination, But Profane “Employee Beef” on Social Media Is Not Protected Speech

Post-Muldrow in the Sixth Circuit: “Some Harm” Suffices for Title VII Discrimination, But Profane “Employee Beef” on Social Media Is Not Protected Speech

Date: Sep 13, 2025
Post-Muldrow in the Sixth Circuit: “Some Harm” Suffices for Title VII Discrimination, But Profane “Employee Beef” on Social Media Is Not Protected Speech Introduction This published decision from the...
Section 666 in the Territories: Third Circuit Affirms that Commissioners of Statutorily “Independent” Agencies Are Government Agents and Federal Block Grants Are “Benefits”

Section 666 in the Territories: Third Circuit Affirms that Commissioners of Statutorily “Independent” Agencies Are Government Agents and Federal Block Grants Are “Benefits”

Date: Sep 13, 2025
Section 666 in the Territories: Third Circuit Affirms that Commissioners of Statutorily “Independent” Agencies Are Government Agents and Federal Block Grants Are “Benefits” Case: United States v....
No Duty to Exhaustively Vet Citizen-Witness Backgrounds; Probable Cause Sustained by Partial Corroboration and Reconstructed Affidavit — United States v. Larnerd (3d Cir. 2025)

No Duty to Exhaustively Vet Citizen-Witness Backgrounds; Probable Cause Sustained by Partial Corroboration and Reconstructed Affidavit — United States v. Larnerd (3d Cir. 2025)

Date: Sep 13, 2025
No Duty to Exhaustively Vet Citizen-Witness Backgrounds; Probable Cause Sustained by Partial Corroboration and Reconstructed Affidavit — United States v. Larnerd (3d Cir. 2025) Introduction In United...
Qualified Immunity Does Not Shield Malicious Prosecution Built on Manufactured Evidence: Third Circuit’s Evans v. Newark

Qualified Immunity Does Not Shield Malicious Prosecution Built on Manufactured Evidence: Third Circuit’s Evans v. Newark

Date: Sep 13, 2025
Qualified Immunity Does Not Shield Malicious Prosecution Built on Manufactured Evidence Commentary on Lee Evans v. Newark City, Nos. 23-1723 & 23-1724 (3d Cir. Sept. 12, 2025) Introduction This...
No “Drive Home” Safe Harbor: Eleventh Circuit Upholds K-9 Deployment Where Motorist Fails to Promptly Stop and Resists Commands

No “Drive Home” Safe Harbor: Eleventh Circuit Upholds K-9 Deployment Where Motorist Fails to Promptly Stop and Resists Commands

Date: Sep 13, 2025
No “Drive Home” Safe Harbor: Eleventh Circuit Upholds K-9 Deployment Where Motorist Fails to Promptly Stop and Resists Commands Case: Martinezz Bowman v. David Harvey Court: United States Court of...
United States v. Valdez: Oral Sentencing Controls Over Unpronounced Supervised-Release Conditions; Tailored Minor-Contact Restrictions Upheld

United States v. Valdez: Oral Sentencing Controls Over Unpronounced Supervised-Release Conditions; Tailored Minor-Contact Restrictions Upheld

Date: Sep 13, 2025
United States v. Valdez: Oral Sentencing Controls Over Unpronounced Supervised-Release Conditions; Tailored Minor-Contact Restrictions Upheld Introduction In United States v. Valdez, No. 23-6482 (2d...
Upholding § 922(g)(3) After Bruen: Disarming Current Drug Users Is Analogous to Founding‑Era Limits on the Intoxicated and the Mentally Ill

Upholding § 922(g)(3) After Bruen: Disarming Current Drug Users Is Analogous to Founding‑Era Limits on the Intoxicated and the Mentally Ill

Date: Sep 13, 2025
Upholding § 922(g)(3) After Bruen: Disarming Current Drug Users Is Analogous to Founding‑Era Limits on the Intoxicated and the Mentally Ill Introduction United States v. John P. Seiwert is the...
Boyer v. State: Malice Without Motive and Tightened Limits on Alternative-Suspect Hearsay Under W.R.E. 803(8)(C)

Boyer v. State: Malice Without Motive and Tightened Limits on Alternative-Suspect Hearsay Under W.R.E. 803(8)(C)

Date: Sep 13, 2025
Boyer v. State: Malice Without Motive and Tightened Limits on Alternative-Suspect Hearsay Under W.R.E. 803(8)(C) Introduction In Andrew Lee Boyer v. The State of Wyoming, 2025 WY 100 (Wyo. Sept. 12,...
Bruen Step One Is Textual; Surety-Law Tradition Permits Temporary Disarmament of Felony Indictees: United States v. Jackson (4th Cir. 2025)

Bruen Step One Is Textual; Surety-Law Tradition Permits Temporary Disarmament of Felony Indictees: United States v. Jackson (4th Cir. 2025)

Date: Sep 13, 2025
Bruen Step One Is Textual; Surety-Law Tradition Permits Temporary Disarmament of Felony Indictees: United States v. Jackson (4th Cir. 2025) Introduction In United States v. Brandon Glen Jackson, the...
Misheard Confession, Independent Probable Cause, and Ligature Strangulation as a Deadly Weapon: Roginsky v. State (Nev. 2025)

Misheard Confession, Independent Probable Cause, and Ligature Strangulation as a Deadly Weapon: Roginsky v. State (Nev. 2025)

Date: Sep 13, 2025
Misheard Confession, Independent Probable Cause, and Ligature Strangulation as a Deadly Weapon: Roginsky v. State (Nev. 2025) Introduction In Roginsky (Robert) v. State, No. 89006 (Nev. Sept. 12,...
No Equitable Tolling for INA’s One-Motion Rule: The Fifth Circuit’s Categorical Bar on Tolling the Numerical Limit in Motions to Reopen

No Equitable Tolling for INA’s One-Motion Rule: The Fifth Circuit’s Categorical Bar on Tolling the Numerical Limit in Motions to Reopen

Date: Sep 13, 2025
No Equitable Tolling for INA’s One-Motion Rule: The Fifth Circuit’s Categorical Bar on Tolling the Numerical Limit in Motions to Reopen Introduction In Garcia Morin v. Bondi, No. 24-60590 (5th Cir....
Unapproved Class Settlements Don’t Moot Previously Granted Injunctive Relief: Third Circuit Affirms Permanent Injunction Despite Delay and Minor Drafting Errors

Unapproved Class Settlements Don’t Moot Previously Granted Injunctive Relief: Third Circuit Affirms Permanent Injunction Despite Delay and Minor Drafting Errors

Date: Sep 13, 2025
Unapproved Class Settlements Don’t Moot Previously Granted Injunctive Relief: Third Circuit Affirms Permanent Injunction Despite Delay and Minor Drafting Errors Case: Vaudral Luxama v. Ironbound...
Images and Mentions Are Not Enough: Third Circuit Clarifies “Of and Concerning” and Reaffirms Opinion/Substantial-Truth Shields for Political Commentary

Images and Mentions Are Not Enough: Third Circuit Clarifies “Of and Concerning” and Reaffirms Opinion/Substantial-Truth Shields for Political Commentary

Date: Sep 13, 2025
Images and Mentions Are Not Enough: Third Circuit Clarifies “Of and Concerning” and Reaffirms Opinion/Substantial-Truth Shields for Political Commentary Case: Nina Jankowicz v. Fox News Network LLC...
No Bright-Line 30-Day Rule and Pre-Enforcement Standing for Training-Arrest Threats: The Second Circuit’s Post-Bruen Roadmap in Giambalvo v. Suffolk County

No Bright-Line 30-Day Rule and Pre-Enforcement Standing for Training-Arrest Threats: The Second Circuit’s Post-Bruen Roadmap in Giambalvo v. Suffolk County

Date: Sep 13, 2025
No Bright-Line 30-Day Rule and Pre-Enforcement Standing for Training-Arrest Threats: The Second Circuit’s Post-Bruen Roadmap in Giambalvo v. Suffolk County Introduction In Giambalvo v. Suffolk...
States May Regulate 340B Patient-Level Distribution: Fifth Circuit Declines to Enjoin Mississippi’s Contract-Pharmacy “Non‑Interference” Law

States May Regulate 340B Patient-Level Distribution: Fifth Circuit Declines to Enjoin Mississippi’s Contract-Pharmacy “Non‑Interference” Law

Date: Sep 13, 2025
States May Regulate 340B Patient-Level Distribution: Fifth Circuit Declines to Enjoin Mississippi’s Contract-Pharmacy “Non‑Interference” Law Introduction In AbbVie v. Fitch, the U.S. Court of Appeals...
No Summons Before IFP Screening; Plausibility Requires Facts: Second Circuit Affirms § 1915(e) Dismissal in Lewis v. Redline Hockey

No Summons Before IFP Screening; Plausibility Requires Facts: Second Circuit Affirms § 1915(e) Dismissal in Lewis v. Redline Hockey

Date: Sep 13, 2025
No Summons Before IFP Screening; Plausibility Requires Facts: Second Circuit Affirms § 1915(e) Dismissal in Lewis v. Redline Hockey Introduction In Lewis v. Redline Hockey, LLC, No. 24-1342-cv (2d...
PLRA Grievances Must Signal Retaliation; Evidence Beyond Disagreement or Injury‑Free Delay Needed to Survive Summary Judgment on Prison Medical Claims

PLRA Grievances Must Signal Retaliation; Evidence Beyond Disagreement or Injury‑Free Delay Needed to Survive Summary Judgment on Prison Medical Claims

Date: Sep 13, 2025
PLRA Grievances Must Signal Retaliation; Evidence Beyond Disagreement or Injury‑Free Delay Needed to Survive Summary Judgment on Prison Medical Claims Editorial note: This is a Second Circuit summary...
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