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  • Commentaries
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federal Case Commentaries

Mandatory Revocation for Firearm Possession: § 3553(a) Factors Not Required & Consecutive Sentencing Presumed — Commentary on United States v. Rafael Perez (11th Cir. 2025)

Mandatory Revocation for Firearm Possession: § 3553(a) Factors Not Required & Consecutive Sentencing Presumed — Commentary on United States v. Rafael Perez (11th Cir. 2025)

Date: Aug 25, 2025
Mandatory Revocation for Firearm Possession: § 3553(a) Factors Not Required & Consecutive Sentencing Presumed — Commentary on United States v. Rafael Perez (11th Cir. 2025) Introduction United States...
United States v. Radaker-Carter: Sixth Circuit Resolves the Standard-of-Review Split in Pre-trial Identification Suppression Motions

United States v. Radaker-Carter: Sixth Circuit Resolves the Standard-of-Review Split in Pre-trial Identification Suppression Motions

Date: Aug 25, 2025
United States v. Radaker-Carter: Sixth Circuit Resolves the Standard-of-Review Split in Pre-trial Identification Suppression Motions 1. Introduction In United States v. Kyrrah Cornell Radaker-Carter,...

        United States v. Jackson: “Plain-View Vehicle Firearm” Rule for § 2D1.1(b)(1) Enhancements

United States v. Jackson: “Plain-View Vehicle Firearm” Rule for § 2D1.1(b)(1) Enhancements

Date: Aug 25, 2025
United States v. Jackson: Establishing the “Plain-View Vehicle Firearm” Rule for § 2D1.1(b)(1) Sentencing Enhancements 1. Introduction On 19 August 2025, the United States Court of Appeals for the...
“Collateral-Order Appeals in Habeas Cases:  Farrow v. Colorado Clarifies that No Certificate of Appealability Is Required and Re-affirms Strict Rule 4 Time Limits”

“Collateral-Order Appeals in Habeas Cases: Farrow v. Colorado Clarifies that No Certificate of Appealability Is Required and Re-affirms Strict Rule 4 Time Limits”

Date: Aug 25, 2025
Collateral-Order Appeals in Habeas Cases: Farrow v. Colorado Clarifies that No Certificate of Appealability Is Required and Re-affirms Strict Rule 4 Time Limits 1. Introduction Farrow v. People of...
“Full-Refund Attribution” in Colorado Bankruptcy:  The Tenth Circuit’s Clarification of § 13-54-102(1)(o) in In re Garcia-Morales

“Full-Refund Attribution” in Colorado Bankruptcy: The Tenth Circuit’s Clarification of § 13-54-102(1)(o) in In re Garcia-Morales

Date: Aug 25, 2025
“Full-Refund Attribution” in Colorado Bankruptcy: The Tenth Circuit’s Clarification of § 13-54-102(1)(o) in In re Garcia-Morales Introduction The United States Court of Appeals for the Tenth Circuit...
The Ortega Precedent: A Second-Amendment Right to Timely Firearm Acquisition and the Demise of Blanket Waiting-Period Laws

The Ortega Precedent: A Second-Amendment Right to Timely Firearm Acquisition and the Demise of Blanket Waiting-Period Laws

Date: Aug 25, 2025
The Ortega Precedent: A Second-Amendment Right to Timely Firearm Acquisition and the Demise of Blanket Waiting-Period Laws 1. Introduction Ortega v. Lujan Grisham, No. 24-2121 (10th Cir. Aug. 19,...
Tenth Circuit Clarifies When Identical Prior Convictions Are Admissible for Impeachment: United States v. Jones (2025)

Tenth Circuit Clarifies When Identical Prior Convictions Are Admissible for Impeachment: United States v. Jones (2025)

Date: Aug 25, 2025
Tenth Circuit Clarifies When Identical Prior Convictions Are Admissible for Impeachment Commentary on United States v. Jones, 84 F.4th ___ (10th Cir. 2025) Introduction United States v. Jones...
The Johnson Rule: Exclusive Veterans-Benefits Review & the End of District-Court Jurisdiction over Facial Challenges

The Johnson Rule: Exclusive Veterans-Benefits Review & the End of District-Court Jurisdiction over Facial Challenges

Date: Aug 25, 2025
The Johnson Rule: Exclusive Veterans-Benefits Review & the End of District-Court Jurisdiction over Facial Constitutional Challenges Introduction In Floyd D. (Donald) Johnson v. United States...
Extending the Sunken Military Craft Act’s Bar to In-Personam Salvage Claims:  A Commentary on Global Marine Exploration, Inc. v. Republic of France (11th Cir. 2025)

Extending the Sunken Military Craft Act’s Bar to In-Personam Salvage Claims: A Commentary on Global Marine Exploration, Inc. v. Republic of France (11th Cir. 2025)

Date: Aug 25, 2025
Extending the Sunken Military Craft Act’s Bar to In-Personam Salvage Claims: A Commentary on Global Marine Exploration, Inc. v. Republic of France, Eleventh Circuit, 19 Aug 2025 1. Introduction For...
“Harmless-Error” Review for Anonymous Juries and the Enduring Use of Acquitted Conduct: A Commentary on United States v. Touray (11th Cir. 2025)

“Harmless-Error” Review for Anonymous Juries and the Enduring Use of Acquitted Conduct: A Commentary on United States v. Touray (11th Cir. 2025)

Date: Aug 25, 2025
“Harmless-Error” Review for Anonymous Juries and the Enduring Use of Acquitted Conduct: An Expert Commentary on United States v. Alhaji Jewru Touray, 23-13121 (11th Cir. 2025) 1. Introduction The...
Foreign Providers, Same Channel: First Circuit Holds that
           Medicare Act Exhaustion Applies to Overseas Hospitals’ State-Law
           Claims Against Medicare Advantage Organizations

Foreign Providers, Same Channel: First Circuit Holds that Medicare Act Exhaustion Applies to Overseas Hospitals’ State-Law Claims Against Medicare Advantage Organizations

Date: Aug 25, 2025
Foreign Providers, Same Channel: First Circuit Holds that Medicare Act Exhaustion Applies to Overseas Hospitals’ State-Law Claims Against Medicare Advantage Organizations Introduction Hospital...
Foreign Providers Must Exhaust Medicare Advantage Remedies Before Suing: The First Circuit Speaks in Hospital Quirurgica Del Sur v. Martin's Point Health Care

Foreign Providers Must Exhaust Medicare Advantage Remedies Before Suing: The First Circuit Speaks in Hospital Quirurgica Del Sur v. Martin's Point Health Care

Date: Aug 25, 2025
Foreign Providers Must Exhaust Medicare Advantage Remedies Before Suing: Hospital Quirurgica Del Sur v. Martin's Point Health Care 1. Introduction In Hospital Amerimed Cancún S.A. de C.V. & Hospital...
Extending Absolute Quasi-Judicial Immunity to Court-Appointed Receivers: Commentary on Suny v. KCP Advisory Group, LLC

Extending Absolute Quasi-Judicial Immunity to Court-Appointed Receivers: Commentary on Suny v. KCP Advisory Group, LLC

Date: Aug 25, 2025
Extending Absolute Quasi-Judicial Immunity to Court-Appointed Receivers: Commentary on Suny v. KCP Advisory Group, LLC (1st Cir. 2025) Introduction In Suny v. KCP Advisory Group, LLC, No. 23-1800...
No Sua Sponte Duty to Re-Offer Plea Withdrawal & Minor Supervised-Release Misstatements Do Not Invalidate Guilty Pleas – A Commentary on United States v. Morales-Ortiz

No Sua Sponte Duty to Re-Offer Plea Withdrawal & Minor Supervised-Release Misstatements Do Not Invalidate Guilty Pleas – A Commentary on United States v. Morales-Ortiz

Date: Aug 25, 2025
No Sua Sponte Duty to Re-Offer Plea Withdrawal & Minor Supervised-Release Misstatements Do Not Invalidate Guilty Pleas Commentary on United States v. Morales-Ortiz, 104 F.4th ___ (1st Cir. 2025) 1....
Collins v. Northeast Grocery, Inc.: Second Circuit Implements Cunningham and Lowers the Pleading Bar for ERISA §1106(a) Prohibited-Transaction Claims

Collins v. Northeast Grocery, Inc.: Second Circuit Implements Cunningham and Lowers the Pleading Bar for ERISA §1106(a) Prohibited-Transaction Claims

Date: Aug 25, 2025
Collins v. Northeast Grocery, Inc.: Second Circuit Implements Cunningham and Lowers the Pleading Bar for ERISA §1106(a) Prohibited-Transaction Claims 1. Introduction On 18 August 2025 the United...
United States v. Perryman – Second Circuit Clarifies Use of “Intended Loss” Under § 2X1.1 in Conspiracy-Based Health-Care Fraud Sentencing

United States v. Perryman – Second Circuit Clarifies Use of “Intended Loss” Under § 2X1.1 in Conspiracy-Based Health-Care Fraud Sentencing

Date: Aug 25, 2025
United States v. Perryman – Second Circuit Clarifies Use of “Intended Loss” Under § 2X1.1 in Conspiracy-Based Health-Care Fraud Sentencing Introduction In United States v. Perryman, No. 24-1729-cr...
“No Injury, No Standing” – The Second Circuit Mandates Individualized Loss for ERISA 401(k) Plaintiffs in Collins v. Northeast Grocery, LLC

“No Injury, No Standing” – The Second Circuit Mandates Individualized Loss for ERISA 401(k) Plaintiffs in Collins v. Northeast Grocery, LLC

Date: Aug 25, 2025
“No Injury, No Standing” – The Second Circuit Mandates Individualized Loss for ERISA 401(k) Plaintiffs in Collins v. Northeast Grocery, LLC 1. Introduction The U.S. Court of Appeals for the Second...
Accrual-Point and Jurisdictional Deference under 28 U.S.C. § 2467: A Commentary on In Re Enforcement of Philippine Forfeiture Judgment

Accrual-Point and Jurisdictional Deference under 28 U.S.C. § 2467: A Commentary on In Re Enforcement of Philippine Forfeiture Judgment

Date: Aug 25, 2025
Accrual-Point and Jurisdictional Deference under 28 U.S.C. § 2467 – Commentary on In Re Enforcement of Philippine Forfeiture Judgment, 24-185(L) (2d Cir. 2025) 1. Introduction On 18 August 2025 the...
Kellogg v. Nichols: The Second Circuit Bars § 1983 Declaratory and Injunctive Relief Against State Judges Serving as Firearms Licensing Officers

Kellogg v. Nichols: The Second Circuit Bars § 1983 Declaratory and Injunctive Relief Against State Judges Serving as Firearms Licensing Officers

Date: Aug 25, 2025
Kellogg v. Nichols: The Second Circuit Bars § 1983 Declaratory and Injunctive Relief Against State Judges Serving as Firearms Licensing Officers 1. Introduction Kellogg v. Nichols, No. 23-8093-cv (2d...
“Proximity-and-Accessibility” as the Determinative Nexus & Plain-Error Limits on Predicate Switching: An In-Depth Commentary on United States v. Prawl (2d Cir. 2025)

“Proximity-and-Accessibility” as the Determinative Nexus & Plain-Error Limits on Predicate Switching: An In-Depth Commentary on United States v. Prawl (2d Cir. 2025)

Date: Aug 25, 2025
“Proximity-and-Accessibility” as the Determinative Nexus & Plain-Error Limits on Predicate Switching: A Comprehensive Commentary on United States v. Prawl (2d Cir. 2025) Introduction United States v....
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