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federal Case Commentaries

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. Tarter

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. Tarter

Date: Aug 25, 2025
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

“From Vitamins to Drugs” – Sixth Circuit Clarifies Unauthorized-Medication Exclusion in Equine Mortality Policies

Date: Aug 25, 2025
“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

“Sand Tires ≠ Street Tires” – Sixth Circuit Clarifies that Off-Road ATVs Are Not “Motor Vehicles” for Auto-Policy or Michigan No-Fault Coverage

Date: Aug 25, 2025
“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 Enriquez-Perdomo v. Newman

No Bivens Remedy Against ICE Agents for Immigration-Related Fourth or Fifth Amendment Violations: A Commentary on Enriquez-Perdomo v. Newman

Date: Aug 25, 2025
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)

“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)

Date: Aug 25, 2025
“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

Eleventh Circuit Re-Affirms the “Schuurman Rule”: 30-Day Appeal Clock Begins on the Amendment Deadline, Not on Later Clerk-Entered Judgment

Date: Aug 25, 2025
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 et al. (2025)

Seventh Circuit Re-Affirms “Spoofing = Fraud” — United States v. Gregg Smith et al. (2025)

Date: Aug 25, 2025
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: A Commentary on United States v. Gregg Smith et al., 7th Cir. 2025

“Spoofing” as a Stand-Alone Scheme to Defraud: A Commentary on United States v. Gregg Smith et al., 7th Cir. 2025

Date: Aug 25, 2025
“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. Smith (2025)

“Spoofing Equals Fraud” – The Seventh Circuit’s Definitive Pronouncement in United States v. Smith (2025)

Date: Aug 25, 2025
“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....
Fourth Circuit Holds that the First-Amendment “Unfettered-Discretion” Doctrine Does Not Constrain a Governor’s Clemency Power to Restore Voting Rights – A Commentary on George Hawkins v. Glenn Youngkin (2025)

Fourth Circuit Holds that the First-Amendment “Unfettered-Discretion” Doctrine Does Not Constrain a Governor’s Clemency Power to Restore Voting Rights – A Commentary on George Hawkins v. Glenn Youngkin (2025)

Date: Aug 25, 2025
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

Shumate v. Lynchburg: Fourth Circuit Clarifies the Non-Applicability of Eleventh-Amendment Immunity to Municipal Officials and Reinforces § 1367 Discretion

Date: Aug 25, 2025
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...
Glover v. EQT – The Fourth Circuit’s New Standard on Class Certification for Uniform Royalty-Payment Practices

Glover v. EQT – The Fourth Circuit’s New Standard on Class Certification for Uniform Royalty-Payment Practices

Date: Aug 25, 2025
“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 (10th Cir. 2025)

“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 (10th Cir. 2025)

Date: Aug 25, 2025
“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

“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

Date: Aug 25, 2025
“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

United States v. Ingram: Confirming Broad District-Court Discretion to Impose Upward Variances Beyond Criminal-History Category VI When Guidelines Understate Recidivism and Danger

Date: Aug 25, 2025
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

Rivera v. New Castle County Police Department: Third Circuit Reinforces “Defendant-Knowledge” Test for Rule 15(c) Relation Back

Date: Aug 25, 2025
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

Third-Circuit Clarifies that Significant Prison Disciplinary History Can Justify an Upward Variance at Post-Taylor Resentencing Despite a Lower Amended Guideline Range

Date: Aug 25, 2025
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....
“Safety-Related Small Talk” Doctrine: A Detailed Commentary on United States v. Raphael Ross (3d Cir. 2025)

“Safety-Related Small Talk” Doctrine: A Detailed Commentary on United States v. Raphael Ross (3d Cir. 2025)

Date: Aug 25, 2025
United States v. Raphael Ross: Third Circuit Endorses a “Safety-Related Small Talk” Exception to Rodriguez I. Introduction United States v. Raphael Ross, No. 23-1631 (3d Cir. Aug. 19, 2025) marks the...
“Reining-In the NLRB” – Fifth Circuit Invalidates Dual For-Cause Removal Protections and Affirms District Courts’ Power to Enjoin Agency Proceedings

“Reining-In the NLRB” – Fifth Circuit Invalidates Dual For-Cause Removal Protections and Affirms District Courts’ Power to Enjoin Agency Proceedings

Date: Aug 25, 2025
“Reining-In the NLRB” – Fifth Circuit Invalidates Dual For-Cause Removal Protections and Affirms District Courts’ Power to Enjoin Agency Proceedings 1. Introduction In Space Exploration Technologies...
“Here-and-Now” Harm and Dual-Layer Removal: A Comprehensive Commentary on Energy Transfer, L.P. v. NLRB (5th Cir. 2025)

“Here-and-Now” Harm and Dual-Layer Removal: A Comprehensive Commentary on Energy Transfer, L.P. v. NLRB (5th Cir. 2025)

Date: Aug 25, 2025
“Here-and-Now” Harm and Dual-Layer Removal: The Fifth Circuit Re-Shapes Pre-Enforcement Review in Energy Transfer, L.P. v. NLRB Introduction Energy Transfer, L.P. v. National Labor Relations Board is...
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