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Contextual Materiality & Discovery Rights in Securities Fraud: The Third Circuit Rejects the “Total-Eclipse” Standard in Boilermaker Blacksmith National Pension Trust v. Maiden Holdings Ltd....
United States v. Rose: Refining “Good-Cause” and Reliability Standards for Hearsay in Supervised-Release Revocations 1. Introduction United States v. Carl Rose, No. 24-2274 (3d Cir. Aug. 20 2025),...
Parole Rescission Challenges Must Proceed Under § 2254: Fifth Circuit Extends AEDPA’s One-Year Limitation and Exhaustion Requirements to State Prisoners Questioning Parole Board Action Introduction...
No Resignation by Conduct: Sixth Circuit Clarifies That Share Transfers Alone Do Not Remove Directors or Officers under Kentucky Law Commentary on C-Ville Fabricating, Inc. v. Joshua Tarter, 25 F.4th...
“From Vitamins to Drugs” – Sixth Circuit Clarifies Unauthorized-Medication Exclusion in Equine Mortality Policies 1. Introduction Cypress Creek Equine, LLC v. North American Specialty Insurance Co.,...
“Sand Tires ≠ Street Tires” – Sixth Circuit Clarifies that Off-Road ATVs Are Not “Motor Vehicles” for Auto-Policy or Michigan No-Fault Coverage Introduction Laurie Leitch’s summer ride on a Polaris...
No Bivens Remedy Against ICE Agents for Immigration-Related Fourth or Fifth Amendment Violations: A Commentary on Riccy Mabel Enriquez-Perdomo v. Ricardo A. Newman, 6th Cir. (2025) 1. Introduction In...
“Not Every Toker Is a Trigger-Puller”: The Eleventh Circuit Declares that State-Compliant Medical-Marijuana Users Are Not Automatically Disarmed under 18 U.S.C. § 922(g)(3) 1. Introduction Florida...
Eleventh Circuit Re-Affirms the “Schuurman Rule”: 30-Day Appeal Clock Begins on the Amendment Deadline, Not on Later Clerk-Entered Judgment Introduction Richard Burt, a tenured English professor at...
Seventh Circuit Re-Affirms “Spoofing = Fraud” United States v. Gregg Smith, Michael Nowak & Christopher Jordan (2025) 1. Introduction In United States v. Gregg Smith, Nos. 23-2840, 23-2846 & 23-2849,...
“Spoofing” as a Stand-Alone Scheme to Defraud: United States v. Gregg Smith, Michael Nowak & Christopher Jordan, Seventh Circuit 2025 Introduction United States v. Gregg Smith consolidates three...
“Spoofing Equals Fraud” – The Seventh Circuit’s Definitive Pronouncement in United States v. Gregg Smith (2025) Introduction In United States v. Gregg Smith, Michael Nowak & Christopher Jordan, Nos....
First Amendment Licensing Rules Stop at the Executive Door: A Comprehensive Commentary on George Hawkins v. Glenn Youngkin, 92 F.4th ___ (4th Cir. 2025) 1. Introduction In George Hawkins v. Glenn...
Shumate v. Lynchburg: Fourth Circuit Clarifies the Non-Applicability of Eleventh-Amendment Immunity to Municipal Officials and Reinforces § 1367 Discretion Introduction Mary Lynn Shumate, a veteran...
“One Scheme, One Class” – Glover v. EQT and the Fourth Circuit’s Clarification that a Uniform Royalty-Payment Methodology Can Sustain Class Certification Despite Lease Variations Introduction William...
“Unlawful User” Redefined: Possession-Based Drug Use as a Firearm Disability under 18 U.S.C. § 922(g)(3) Commentary on United States v. Davey, 92 F.4th ___ (10th Cir. 2025) Introduction United States...
“Neutral-Factor” COVID-19 Delays and Mandatory Specificity: United States v. Flynn’s Clarification of Waiver Doctrine under the Speedy Trial Act and Rule 12 Introduction United States v. Flynn, No....
United States v. Ingram: Confirming Broad District-Court Discretion to Impose Upward Variances Beyond Criminal-History Category VI When Guidelines Understate Recidivism and Danger 1. Introduction The...
Rivera v. New Castle County Police Department: Third Circuit Reinforces “Defendant-Knowledge” Test for Rule 15(c) Relation Back Introduction In Michael Rivera v. New Castle County Police Department...
Third-Circuit Clarifies that Significant Prison Disciplinary History Can Justify an Upward Variance at Post-Taylor Resentencing Despite a Lower Amended Guideline Range Introduction United States v....