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establishing-&amp Case Commentaries

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...
Tenth Circuit holds EUA and PREP Act do not create § 1983-enforceable rights; healthcare vaccine mandates survive constitutional attack

Tenth Circuit holds EUA and PREP Act do not create § 1983-enforceable rights; healthcare vaccine mandates survive constitutional attack

Date: Oct 24, 2025
Tenth Circuit holds EUA and PREP Act do not create § 1983-enforceable rights; healthcare vaccine mandates survive constitutional attack Introduction This consolidated appeal from the District of...
EUA “Option to Refuse” Is Not a § 1983 Right: Tenth Circuit Rejects Private Enforcement of EUA, PREP Act, and 10 U.S.C. § 980 in Vaccine-Mandate Suits

EUA “Option to Refuse” Is Not a § 1983 Right: Tenth Circuit Rejects Private Enforcement of EUA, PREP Act, and 10 U.S.C. § 980 in Vaccine-Mandate Suits

Date: Oct 24, 2025
EUA “Option to Refuse” Is Not a § 1983 Right: Tenth Circuit Rejects Private Enforcement of EUA, PREP Act, and 10 U.S.C. § 980 in Vaccine-Mandate Suits Introduction In a published decision, the Tenth...
Post‑Rebuttal Presumption, International Travel Evidence, and Drug‑Trafficking “Danger” under the Bail Reform Act: United States v. Legaretta (10th Cir. 2025)

Post‑Rebuttal Presumption, International Travel Evidence, and Drug‑Trafficking “Danger” under the Bail Reform Act: United States v. Legaretta (10th Cir. 2025)

Date: Oct 24, 2025
Post‑Rebuttal Presumption, International Travel Evidence, and Drug‑Trafficking “Danger” under the Bail Reform Act: United States v. Legaretta (10th Cir. 2025) Court: U.S. Court of Appeals for the...
Tenth Circuit Confirms JSIN-Based Disparity Claims Are Substantive; Upholds Statutory-Maximum Upward Variance Without Explicit § 3553(a)(6) Recitation

Tenth Circuit Confirms JSIN-Based Disparity Claims Are Substantive; Upholds Statutory-Maximum Upward Variance Without Explicit § 3553(a)(6) Recitation

Date: Oct 24, 2025
Tenth Circuit Confirms JSIN-Based Disparity Claims Are Substantive; Upholds Statutory-Maximum Upward Variance Without Explicit § 3553(a)(6) Recitation Case: United States v. Rios, No. 24-6251 (10th...
Failure to Challenge Jurisdictional Dismissal in Opening Brief Renders Appeal Frivolous and Warrants a PLRA Strike — Washington v. State of Oklahoma (10th Cir. 2025)

Failure to Challenge Jurisdictional Dismissal in Opening Brief Renders Appeal Frivolous and Warrants a PLRA Strike — Washington v. State of Oklahoma (10th Cir. 2025)

Date: Oct 24, 2025
Failure to Challenge Jurisdictional Dismissal in Opening Brief Renders Appeal Frivolous and Warrants a PLRA Strike — Washington v. State of Oklahoma (10th Cir. 2025) Court: United States Court of...
No Police Brady Liability Where Exculpatory Evidence Is Court‑Impounded and Accessible to the Prosecutor: Seventh Circuit Clarifies “Suppression” in § 1983 Claims

No Police Brady Liability Where Exculpatory Evidence Is Court‑Impounded and Accessible to the Prosecutor: Seventh Circuit Clarifies “Suppression” in § 1983 Claims

Date: Oct 24, 2025
No Police Brady Liability Where Exculpatory Evidence Is Court‑Impounded and Accessible to the Prosecutor Seventh Circuit Clarifies “Suppression” in § 1983 Claims Introduction In Bernard Mims v. City...
No Look-Through for FAA § 9: First Circuit Orders Without-Prejudice Dismissal and Avoids Standing Inquiry Post-Badgerow

No Look-Through for FAA § 9: First Circuit Orders Without-Prejudice Dismissal and Avoids Standing Inquiry Post-Badgerow

Date: Oct 23, 2025
No Look-Through for FAA § 9: First Circuit Orders Without-Prejudice Dismissal and Avoids Standing Inquiry Post-Badgerow Case: Puerto Rico Telephone Company, Inc. v. WorldNet Telecommunications, LLC...
StandWithUs v. MIT: First Circuit Harmonizes Title VI with the First Amendment and Rejects a Per Se Equation of Anti‑Zionism with Antisemitism

StandWithUs v. MIT: First Circuit Harmonizes Title VI with the First Amendment and Rejects a Per Se Equation of Anti‑Zionism with Antisemitism

Date: Oct 23, 2025
StandWithUs v. MIT: First Circuit Harmonizes Title VI with the First Amendment and Rejects a Per Se Equation of Anti‑Zionism with Antisemitism Introduction In StandWithUs Center for Legal Justice v....
Silence Is Not Acceptance; Unilateral UCC-1 Filings Cannot Create Security Interests; and Courts May Dismiss as Frivolous Before Deciding IFP: Third Circuit’s Non-Precedential Affirmance in Nah v. Carvana

Silence Is Not Acceptance; Unilateral UCC-1 Filings Cannot Create Security Interests; and Courts May Dismiss as Frivolous Before Deciding IFP: Third Circuit’s Non-Precedential Affirmance in Nah v. Carvana

Date: Oct 23, 2025
Silence Is Not Acceptance; Unilateral UCC-1 Filings Cannot Create Security Interests; and Courts May Dismiss as Frivolous Before Deciding IFP: Third Circuit’s Non-Precedential Affirmance in Nah v....
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