federal Case Commentaries

“Some Evidence” of Loss, Not Contemporaneous Dollar Proof, Satisfies Due Process for Prison Restitution Sanctions

Date: Jul 16, 2025

“Some Evidence” of Loss, Not Contemporaneous Dollar Proof, Satisfies Due Process for Prison Restitution Sanctions Introduction In Malcolm Wilson v. Angelita Castaneda, No. 22-3068 (7th Cir. July 15,...

Eleventh Circuit Upholds Continuing Ancillary Jurisdiction to Enforce Restitution After Probation – A Commentary on United States v. Mikel Mims (2025)

Date: Jul 16, 2025

Continuing Ancillary Jurisdiction to Enforce Restitution Orders After Completion of Probation: United States v. Mikel Mims (11th Cir. 2025) 1. Introduction In United States v. Mikel Mims, the...

When State Law Speaks, Federal Panels Must Listen: United States v. Rowe and the Supremacy of Intervening State-Court Interpretations in Federal Sentencing Analysis

Date: Jul 16, 2025

When State Law Speaks, Federal Panels Must Listen: United States v. Rowe and the Supremacy of Intervening State-Court Interpretations in Federal Sentencing Analysis Introduction United States v....

Speculation Is Not Prejudice: Seventh Circuit Clarifies Prejudice Review and Practical Limits on Recruiting Counsel in Prisoner Medical-Care Trials

Date: Jul 16, 2025

Speculation Is Not Prejudice: Seventh Circuit Clarifies Prejudice Review and Practical Limits on Recruiting Counsel in Prisoner Medical-Care Trials Case: Armin Wand, III v. Beckey Kramer Court:...

No “Step Zero” Escape: Tenth Circuit Requires BLM to Apply the Wild Horse Act’s Thriving Natural Ecological Balance Standard When Redesignating HMAs in RMPs

Date: Jul 16, 2025

No “Step Zero” Escape: Tenth Circuit Requires BLM to Apply the Wild Horse Act’s Thriving Natural Ecological Balance Standard When Redesignating HMAs in RMPs Introduction In American Wild Horse...

No Duty to Warn of “Open-and-Obvious” Fuel-Fire Risks and the “High-Probability” Threshold for Reckless Design: A Commentary on Anthony Leslie v. Daimler Trucks North America LLC

Date: Jul 16, 2025

No Duty to Warn of “Open-and-Obvious” Fuel-Fire Risks and the “High-Probability” Threshold for Reckless Design: Commentary on Anthony Leslie v. Daimler Trucks North America LLC 1. Introduction In...

Tug Master’s Non-Delegable Duty to Verify Tow Clearance: A Comment on Jersey Shore Boat Towing & Salvage, Inc. v. Abdel-Illah Zidal (11th Cir. 2025)

Date: Jul 16, 2025

Tug Master’s Non-Delegable Duty to Verify Tow Clearance before Passing Fixed Obstructions Jersey Shore Boat Towing & Salvage, Inc. v. Abdel-Illah Zidal, 24-13009 (11th Cir. July 15 2025) 1....

No “Step Zero” Escape Hatch: Tenth Circuit Requires BLM to Address Wild Horse Act’s Ecological-Balance Duty When Amending RMPs

Date: Jul 16, 2025

No “Step Zero” Escape Hatch: Tenth Circuit Requires BLM to Address Wild Horse Act’s Ecological-Balance Duty When Amending RMPs Introduction In Friends of Animals v. Raby, the U.S. Court of Appeals...

“No Participation, No Privilege”: The Eleventh Circuit Clarifies Standing for Interlocutory Appeals Based on Legislative Privilege

Date: Jul 16, 2025

“No Participation, No Privilege”: The Eleventh Circuit Clarifies Standing for Interlocutory Appeals Based on Legislative Privilege Introduction In Pen American Center, Inc. v. Escambia County School...

Sixth Circuit: No Lesser-Included Simple Possession Instruction Absent Countervailing Evidence; Reaffirmation of Speedy Trial Act Dismissal-Without-Prejudice Factors and Valid Faretta Waiver

Date: Jul 16, 2025

Sixth Circuit: No Lesser-Included Simple Possession Instruction Absent Countervailing Evidence; Reaffirmation of Speedy Trial Act Dismissal-Without-Prejudice Factors and Valid Faretta Waiver...

Responsiveness Over Results: Sixth Circuit Reaffirms that Consistent Police Intervention Defeats “Unable or Unwilling” and that Plausible Explanations Do Not Salvage Adverse Credibility

Date: Jul 16, 2025

Responsiveness Over Results: Sixth Circuit Reaffirms that Consistent Police Intervention Defeats “Unable or Unwilling” and that Plausible Explanations Do Not Salvage Adverse Credibility Introduction...

Gray v. Birchfield & Koch Foods: Recognising Multiple Prevailing Parties in Multi-Defendant Litigation

Date: Jul 16, 2025

Gray v. Birchfield & Koch Foods: The Eleventh Circuit Confirms that More Than One “Prevailing Party” May Exist When a Single Plaintiff Sues Multiple Defendants 1. Introduction Ka’Toria Gray, a nurse...

United States v. Garcia-Oquendo: The First Circuit Extends Rule 32.1(b)(2)(C)’s Limited Confrontation Right to the Sentencing Stage of Supervised-Release Revocations

Date: Jul 15, 2025

United States v. Garcia-Oquendo: The First Circuit Extends Rule 32.1(b)(2)(C)’s Limited Confrontation Right to the Sentencing Stage of Supervised-Release Revocations Introduction In United States v....

Paper Ballots Are a “Voting System”: Seventh Circuit Holds HAVA’s Accessibility Mandate Applies to Hand-Count Jurisdictions

Date: Jul 15, 2025

Paper Ballots Are a “Voting System”: Seventh Circuit Holds HAVA’s Accessibility Mandate Applies to Hand-Count Jurisdictions Case: United States v. Town of Thornapple, Wisconsin, No. 24-2931 (7th Cir....

Rule 11 Adequacy When Defendant Is Off Medication and the Substantive Reasonableness of a Modest Upward Variance: The Tenth Circuit’s Anders Dismissal in United States v. Bertschy

Date: Jul 15, 2025

Rule 11 Adequacy When Defendant Is Off Medication and the Substantive Reasonableness of a Modest Upward Variance: The Tenth Circuit’s Anders Dismissal in United States v. Bertschy Introduction In...

Assignments Don’t Release Oil-and-Gas Operators Absent Novation; Former Operators Remain “Operators” Under Wyoming’s Split Estate Act; Declaratory Counterclaims Survive Third‑Party Cure

Date: Jul 15, 2025

Assignments Don’t Release Oil-and-Gas Operators Absent Novation; Former Operators Remain “Operators” Under Wyoming’s Split Estate Act; Declaratory Counterclaims Survive Third‑Party Cure Case: Tear...

Alternative §3553(a) Sentences and Written Statements of Reasons Defeat Plain-Error Challenges to Guideline Miscalculations: The Fifth Circuit Reaffirms Hott and Clarifies Diggles

Date: Jul 15, 2025

Alternative §3553(a) Sentences and Written Statements of Reasons Defeat Plain-Error Challenges to Guideline Miscalculations: The Fifth Circuit Reaffirms Hott and Clarifies Diggles Introduction In...

Misreading PSR “National Sentencing Averages” Is a Procedural Error Reviewed Only for Plain Error; Within‑Guidelines Sentences Remain Presumptively Reasonable in the Sixth Circuit

Date: Jul 15, 2025

Misreading PSR “National Sentencing Averages” Is a Procedural Error Reviewed Only for Plain Error; Within‑Guidelines Sentences Remain Presumptively Reasonable in the Sixth Circuit Case: United States...

Structural Error Limited to Constitutional Violations – A Commentary on United States v. Johnson (2025)

Date: Jul 15, 2025

Structural Error Limited to Constitutional Violations – A Commentary on United States v. Johnson (2d Cir. 2025) 1 Introduction On 14 July 2025 the United States Court of Appeals for the Second...

The Second Circuit’s Post-Morgan Waiver Doctrine: When Litigation Conduct Alone Extinguishes the Right to Arbitrate

Date: Jul 15, 2025

The Second Circuit’s Post-Morgan Waiver Doctrine: When Litigation Conduct Alone Extinguishes the Right to Arbitrate 1. Introduction Case: Doyle v. UBS Financial Services, Inc., No. 24-696-cv (2d Cir....

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