employment-status-of-minors-under-workers& Case Commentaries

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...

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....

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