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  • Commentaries
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establishing-&amp Case Commentaries

Material Omissions and Conflicting Residence Evidence Sustain Adverse Credibility Under the REAL ID Act: Chen v. Bondi (2d Cir. 2025) [Summary Order]

Material Omissions and Conflicting Residence Evidence Sustain Adverse Credibility Under the REAL ID Act: Chen v. Bondi (2d Cir. 2025) [Summary Order]

Date: Oct 24, 2025
Material Omissions and Conflicting Residence Evidence Sustain Adverse Credibility Under the REAL ID Act: Chen v. Bondi (2d Cir. 2025) [Summary Order] Court: United States Court of Appeals for the...
Circumstance-Specific Proof of Protection-Order Violations May Rely on PSIs and Conviction Elements; Indictment Time Ranges Can Fix CIMT “Commission” Date for Stop-Time Purposes

Circumstance-Specific Proof of Protection-Order Violations May Rely on PSIs and Conviction Elements; Indictment Time Ranges Can Fix CIMT “Commission” Date for Stop-Time Purposes

Date: Oct 24, 2025
Circumstance-Specific Proof of Protection-Order Violations May Rely on PSIs and Conviction Elements; Indictment Time Ranges Can Fix CIMT “Commission” Date for Stop-Time Purposes Case: Moco v. Bondi,...
Second Circuit Clarifies Pro Se Estate Representation and Upholds Qualified Immunity for Warrantless Code‑Enforcement Entry Under Claimed Exigent Circumstances: Simmons v. Incorporated Village of Rockville Centre

Second Circuit Clarifies Pro Se Estate Representation and Upholds Qualified Immunity for Warrantless Code‑Enforcement Entry Under Claimed Exigent Circumstances: Simmons v. Incorporated Village of Rockville Centre

Date: Oct 24, 2025
Second Circuit Clarifies Pro Se Estate Representation and Upholds Qualified Immunity for Warrantless Code‑Enforcement Entry Under Claimed Exigent Circumstances Case: Simmons v. Incorporated Village...
No §3C1.1 Obstruction Enhancement on a Bare “Perjury” Label: Second Circuit Requires Discernable Dunnigan Findings in United States v. Onah

No §3C1.1 Obstruction Enhancement on a Bare “Perjury” Label: Second Circuit Requires Discernable Dunnigan Findings in United States v. Onah

Date: Oct 24, 2025
No §3C1.1 Obstruction Enhancement on a Bare “Perjury” Label: Second Circuit Requires Discernable Dunnigan Findings in United States v. Onah Introduction In a summary order issued on October 21, 2025,...
Second Circuit: No Property Right to Continue as a Medicaid Fiscal Intermediary; CDPAP Consolidation Survives Takings, Contracts, and Due Process Challenges

Second Circuit: No Property Right to Continue as a Medicaid Fiscal Intermediary; CDPAP Consolidation Survives Takings, Contracts, and Due Process Challenges

Date: Oct 24, 2025
Second Circuit: No Property Right to Continue as a Medicaid Fiscal Intermediary; CDPAP Consolidation Survives Takings, Contracts, and Due Process Challenges Introduction In Principle Homecare, LLC v....
No Records, No Lien: Eleventh Circuit affirms extinguishment of a Georgia attorney’s lien absent credible proof of value

No Records, No Lien: Eleventh Circuit affirms extinguishment of a Georgia attorney’s lien absent credible proof of value

Date: Oct 24, 2025
No Records, No Lien: Eleventh Circuit affirms extinguishment of a Georgia attorney’s lien absent credible proof of value Court: U.S. Court of Appeals for the Eleventh Circuit (Non-Argument Calendar;...
No Gross Disproportionality Under Plain-Error Review: Eleventh Circuit Affirms 600-Month Sentence for Child Pornography Production and Possession

No Gross Disproportionality Under Plain-Error Review: Eleventh Circuit Affirms 600-Month Sentence for Child Pornography Production and Possession

Date: Oct 24, 2025
No Gross Disproportionality Under Plain-Error Review: Eleventh Circuit Affirms 600-Month Sentence for Child Pornography Production and Possession United States v. Angel Antonio Cannella, No. 22-13924...
Implicit Proof of the MDLEA “Request” Requirement for Stateless-Vessel Jurisdiction in the EEZ

Implicit Proof of the MDLEA “Request” Requirement for Stateless-Vessel Jurisdiction in the EEZ

Date: Oct 24, 2025
Implicit Proof of the MDLEA “Request” Requirement for Stateless-Vessel Jurisdiction in the EEZ Commentary on United States v. Francisco Rijo-Rijo, et al. (consolidated), Nos. 23-12779, 23-12828,...
Post-Offense Mail-Inspection Videos Are Admissible Under Rule 404(b); Broad Relevant-Conduct Loss Attribution (Including Acquitted Conduct under pre-2024 Guidelines) Upheld — United States v. Glover (11th Cir. 2025)

Post-Offense Mail-Inspection Videos Are Admissible Under Rule 404(b); Broad Relevant-Conduct Loss Attribution (Including Acquitted Conduct under pre-2024 Guidelines) Upheld — United States v. Glover (11th Cir. 2025)

Date: Oct 24, 2025
Post-Offense Mail-Inspection Videos Are Admissible Under Rule 404(b); Broad Relevant-Conduct Loss Attribution (Including Acquitted Conduct under pre-2024 Guidelines) Upheld — United States v. Glover...
Implied “Request” Satisfies MDLEA Statelessness and EEZ-as-High-Seas Reaffirmed: United States v. Placido Rivera‑Rodriguez (11th Cir. 2025)

Implied “Request” Satisfies MDLEA Statelessness and EEZ-as-High-Seas Reaffirmed: United States v. Placido Rivera‑Rodriguez (11th Cir. 2025)

Date: Oct 24, 2025
Implied “Request” Satisfies MDLEA Statelessness and EEZ-as-High-Seas Reaffirmed: United States v. Placido Rivera‑Rodriguez (11th Cir. 2025) Court: U.S. Court of Appeals for the Eleventh Circuit (per...
Sixth Circuit Forecloses Merits-Panel Expansion of COAs and Distinguishes Katz and Jones as Separate, Exhaustion-Required Fourth Amendment Theories

Sixth Circuit Forecloses Merits-Panel Expansion of COAs and Distinguishes Katz and Jones as Separate, Exhaustion-Required Fourth Amendment Theories

Date: Oct 24, 2025
Sixth Circuit Forecloses Merits-Panel Expansion of COAs and Distinguishes Katz and Jones as Separate, Exhaustion-Required Fourth Amendment Theories Introduction In a published decision with...
Clarifying Securities Pleading: Judicial Notice of Third‑Party Public Statements and Form 4s Permitted; Puffery/Forward‑Looking Optimism Not Actionable Absent Specific Contrary Facts

Clarifying Securities Pleading: Judicial Notice of Third‑Party Public Statements and Form 4s Permitted; Puffery/Forward‑Looking Optimism Not Actionable Absent Specific Contrary Facts

Date: Oct 24, 2025
Clarifying Securities Pleading: Judicial Notice of Third‑Party Public Statements and Form 4s Permitted; Puffery/Forward‑Looking Optimism Not Actionable Absent Specific Contrary Facts Case: Bandol Lim...
Pleading Matters in Title VII/ELCRA: Sixth Circuit Rejects Conclusory Race and Retaliation Claims; Protected Activity Requires a Race-Based Complaint and Leave to Amend Must Be Properly Sought

Pleading Matters in Title VII/ELCRA: Sixth Circuit Rejects Conclusory Race and Retaliation Claims; Protected Activity Requires a Race-Based Complaint and Leave to Amend Must Be Properly Sought

Date: Oct 24, 2025
Pleading Matters in Title VII/ELCRA: Sixth Circuit Rejects Conclusory Race and Retaliation Claims; Protected Activity Requires a Race-Based Complaint and Leave to Amend Must Be Properly Sought...
Integrated Commission Agreements Foreclose Unjust Enrichment for Related Revenue Streams at the Pleading Stage: Mosser v. Cramer‑Krasselt (6th Cir. 2025)

Integrated Commission Agreements Foreclose Unjust Enrichment for Related Revenue Streams at the Pleading Stage: Mosser v. Cramer‑Krasselt (6th Cir. 2025)

Date: Oct 24, 2025
Integrated Commission Agreements Foreclose Unjust Enrichment for Related Revenue Streams at the Pleading Stage Mosser v. Cramer‑Krasselt Co. (6th Cir. Oct. 21, 2025) Introduction In this unpublished...
Post-Esteras Clarification: Consecutive Revocation Terms May Rest on Breach of Trust; Appeal Waiver in Rule 11(c)(1)(C) Plea Forecloses Reasonableness Attack on a Within-Range Sentence

Post-Esteras Clarification: Consecutive Revocation Terms May Rest on Breach of Trust; Appeal Waiver in Rule 11(c)(1)(C) Plea Forecloses Reasonableness Attack on a Within-Range Sentence

Date: Oct 24, 2025
Post-Esteras Clarification: Consecutive Revocation Terms May Rest on Breach of Trust; Appeal Waiver in Rule 11(c)(1)(C) Plea Forecloses Reasonableness Attack on a Within-Range Sentence Introduction...
Breach of Trust, Not Retribution: Sixth Circuit Affirms Consecutive Max Revocation Terms and Enforces Range-Based Appeal Waivers Post-Esteras

Breach of Trust, Not Retribution: Sixth Circuit Affirms Consecutive Max Revocation Terms and Enforces Range-Based Appeal Waivers Post-Esteras

Date: Oct 24, 2025
Breach of Trust, Not Retribution: Sixth Circuit Affirms Consecutive Max Revocation Terms and Enforces Range-Based Appeal Waivers Post-Esteras Introduction In United States v. Charles Henry Milton,...
United States v. Webster: Sixth Circuit Reaffirms a Stronger Presumption of Substantive Reasonableness for Below‑Guidelines Sentences and Treats Remote-Control Manipulation as “Hands‑On” Abuse for § 3553(a)

United States v. Webster: Sixth Circuit Reaffirms a Stronger Presumption of Substantive Reasonableness for Below‑Guidelines Sentences and Treats Remote-Control Manipulation as “Hands‑On” Abuse for § 3553(a)

Date: Oct 24, 2025
United States v. Webster: Sixth Circuit Reaffirms a Stronger Presumption of Substantive Reasonableness for Below‑Guidelines Sentences and Treats Remote-Control Manipulation as “Hands‑On” Abuse for §...
Exigent Circumstances Permit Warrantless Real‑Time CSLI During Ongoing Bomb Threats; Overinclusive Rule 404(b) Instruction Not Plain Error — United States v. Mubarak (6th Cir. 2025)

Exigent Circumstances Permit Warrantless Real‑Time CSLI During Ongoing Bomb Threats; Overinclusive Rule 404(b) Instruction Not Plain Error — United States v. Mubarak (6th Cir. 2025)

Date: Oct 24, 2025
Exigent Circumstances Permit Warrantless Real‑Time CSLI During Ongoing Bomb Threats; Overinclusive Rule 404(b) Instruction Not Plain Error — United States v. Mubarak (6th Cir. 2025) Court: United...
Exclusive-Control Communications, Not Clean Deeds, Trigger Quiet Title Act Accrual for Implied Easements; ANILCA Access Claims Must Proceed Under the QTA; Takings Declaratory Relief Unripe Without Tucker Act Compensation

Exclusive-Control Communications, Not Clean Deeds, Trigger Quiet Title Act Accrual for Implied Easements; ANILCA Access Claims Must Proceed Under the QTA; Takings Declaratory Relief Unripe Without Tucker Act Compensation

Date: Oct 24, 2025
Exclusive-Control Communications, Not Clean Deeds, Trigger Quiet Title Act Accrual for Implied Easements; ANILCA Access Claims Must Proceed Under the QTA; Takings Declaratory Relief Unripe Without...
ADA Title I Requires But-For Causation; USERRA §4311 Does Not Reach Disability-Based Bias: The Tenth Circuit’s Published Clarification in Sellman v. Aviation Training Consulting

ADA Title I Requires But-For Causation; USERRA §4311 Does Not Reach Disability-Based Bias: The Tenth Circuit’s Published Clarification in Sellman v. Aviation Training Consulting

Date: Oct 24, 2025
ADA Title I Requires But-For Causation; USERRA §4311 Does Not Reach Disability-Based Bias: The Tenth Circuit’s Published Clarification in Sellman v. Aviation Training Consulting Introduction In a...
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