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  • Commentaries
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federal Case Commentaries

“Minimal-Explanation Suffices” – The Sixth Circuit’s Clarification on Consecutive Revocation Sentences in United States v. Daniel Lamor Major

“Minimal-Explanation Suffices” – The Sixth Circuit’s Clarification on Consecutive Revocation Sentences in United States v. Daniel Lamor Major

Date: Jun 30, 2025
“Minimal-Explanation Suffices” – The Sixth Circuit’s Clarification on Consecutive Revocation Sentences in United States v. Daniel Lamor Major Introduction The Sixth Circuit’s unpublished opinion in...
District-Court Discretion and Minimal-Explanation Standard in Post-Amendment 821 Motions – A Commentary on United States v. Paul Turner (6th Cir. 2025)

District-Court Discretion and Minimal-Explanation Standard in Post-Amendment 821 Motions – A Commentary on United States v. Paul Turner (6th Cir. 2025)

Date: Jun 30, 2025
District-Court Discretion and the Minimal-Explanation Standard in Post-Amendment 821 Sentence-Reduction Motions A Commentary on United States v. Paul Turner, 24-4011 (6th Cir. 2025) 1. Introduction...
“One Strike Further”: Hale-El v. Doe and the Tenth Circuit’s Clarification that
           (1) a Mis-Captioned Notice of Appeal Does Not Defeat Jurisdiction and
           (2) Frivolous Prisoner Appeals Trigger PLRA Strikes and IFP Denials

“One Strike Further”: Hale-El v. Doe and the Tenth Circuit’s Clarification that (1) a Mis-Captioned Notice of Appeal Does Not Defeat Jurisdiction and (2) Frivolous Prisoner Appeals Trigger PLRA Strikes and IFP Denials

Date: Jun 30, 2025
“One Strike Further”: Hale-El v. Doe and the Tenth Circuit’s Clarification that (1) a Mis-Captioned Notice of Appeal Does Not Defeat Jurisdiction and (2) Frivolous Prisoner Appeals Trigger PLRA...
“Timely Medication as a Clearly-Established Right” – A Comment on Dennis Wiertella v. Lake County, Ohio

“Timely Medication as a Clearly-Established Right” – A Comment on Dennis Wiertella v. Lake County, Ohio

Date: Jun 30, 2025
“Timely Medication as a Clearly-Established Right” – Detailed Commentary on Dennis Wiertella v. Lake County, Ohio (6th Cir. 2025) 1. Introduction In Dennis Wiertella v. Lake County, Ohio, the United...
Porter v. Jackson Township: Sixth Circuit Clarifies the “Honest-Belief” Rule in FMLA Retaliation Litigation

Porter v. Jackson Township: Sixth Circuit Clarifies the “Honest-Belief” Rule in FMLA Retaliation Litigation

Date: Jun 30, 2025
Porter v. Jackson Township: Sixth Circuit Clarifies the “Honest-Belief” Rule in FMLA Retaliation Litigation 1. Introduction Shawn Porter, a nine-year employee of the Jackson Township Highway...
Reaffirming the “Crime-of-Violence” Status of Kentucky Assault-EED: A Commentary on United States v. Joshua Delmare Habern (6th Cir. 2025)

Reaffirming the “Crime-of-Violence” Status of Kentucky Assault-EED: A Commentary on United States v. Joshua Delmare Habern (6th Cir. 2025)

Date: Jun 30, 2025
Reaffirming the “Crime-of-Violence” Status of Kentucky Assault under Extreme Emotional Disturbance: United States v. Joshua Delmare Habern Introduction In United States v. Joshua Delmare Habern, the...
Pufahl v. Commissioner of Social Security – Seventh Circuit Clarifies
            Deference Owed to Treating-Source Opinions and Adequacy of “Two-Hour-Segment”
            Limitations in SSA Disability Cases

Pufahl v. Commissioner of Social Security – Seventh Circuit Clarifies Deference Owed to Treating-Source Opinions and Adequacy of “Two-Hour-Segment” Limitations in SSA Disability Cases

Date: Jun 30, 2025
Pufahl v. Commissioner of Social Security (7th Cir. 2025) Clarifying the Limits of Treating-Physician Deference and the Sufficiency of “Two-Hour-Segment” Concentration Restrictions 1. Introduction...
Seventh Circuit Clarifies that Reassignment to Pre-Existing Job Duties Is Not a “Tangible Employment Action” — Commentary on Bankruptcy Estate of Santoasha Harris v. City of Milwaukee

Seventh Circuit Clarifies that Reassignment to Pre-Existing Job Duties Is Not a “Tangible Employment Action” — Commentary on Bankruptcy Estate of Santoasha Harris v. City of Milwaukee

Date: Jun 30, 2025
Seventh Circuit Clarifies that Reassignment to Pre-Existing Job Duties Is Not a “Tangible Employment Action”: A Comprehensive Commentary on Bankruptcy Estate of Santoasha Harris v. City of Milwaukee...
Non-Physician Opinions and Post-Hearing Evidence: Seventh Circuit Reaffirms Materiality Barriers in Disability Appeals – Commentary on Vuletich v. Bisignano (2025)

Non-Physician Opinions and Post-Hearing Evidence: Seventh Circuit Reaffirms Materiality Barriers in Disability Appeals – Commentary on Vuletich v. Bisignano (2025)

Date: Jun 30, 2025
Non-Physician Opinions and Post-Hearing Evidence: Seventh Circuit Reaffirms Materiality Barriers in Disability Appeals Comprehensive Commentary on Jason Vuletich v. Frank Bisignano, Court of Appeals...
“Competent Proof” at the Screening Stage: The Seventh Circuit Raises the Pleading Bar for Corporate Citizenship in Pro Se Diversity Cases

“Competent Proof” at the Screening Stage: The Seventh Circuit Raises the Pleading Bar for Corporate Citizenship in Pro Se Diversity Cases

Date: Jun 30, 2025
“Competent Proof” at the Screening Stage: The Seventh Circuit Raises the Pleading Bar for Corporate Citizenship in Pro Se Diversity Cases 1. Introduction In Kendall Harlson v. Government Employees...
Seventh Circuit Mandates Review of “Changed Circumstances” in Successive Motions
            to Recruit Counsel – Commentary on Miguel Rico v. John Howe (2025)

Seventh Circuit Mandates Review of “Changed Circumstances” in Successive Motions to Recruit Counsel – Commentary on Miguel Rico v. John Howe (2025)

Date: Jun 30, 2025
Seventh Circuit Mandates Review of “Changed Circumstances” in Successive Motions to Recruit Counsel Commentary on Miguel Rico v. John Howe, 24-1175 (7th Cir. 2025) 1. Introduction Miguel Rico, an...
Walls v. Mershon (7th Cir. 2025): Delineating Prisoners’ Informed-Consent Rights and Trial-Court Discretion to Sever Misjoined Claims

Walls v. Mershon (7th Cir. 2025): Delineating Prisoners’ Informed-Consent Rights and Trial-Court Discretion to Sever Misjoined Claims

Date: Jun 30, 2025
Walls v. Mershon (7th Cir. 2025): Delineating Prisoners’ Informed-Consent Rights and Trial-Court Discretion to Sever Misjoined Claims 1. Introduction In Nirin Walls v. N.P. Mershon, the United States...
When “Different Occasions” Becomes a Jury Question: Seventh Circuit Embraces Erlinger and Vacates ACCA Sentence in United States v. Santana

When “Different Occasions” Becomes a Jury Question: Seventh Circuit Embraces Erlinger and Vacates ACCA Sentence in United States v. Santana

Date: Jun 30, 2025
When “Different Occasions” Becomes a Jury Question: Seventh Circuit Embraces Erlinger and Vacates ACCA Sentence in United States v. Santana Introduction The Seventh Circuit’s decision in United...
“Model or Miss the Boat” – Sixth Circuit Requires Site-Specific Hydrologic Modeling and Full Rule 26 Compliance for Flood-Causation Experts

“Model or Miss the Boat” – Sixth Circuit Requires Site-Specific Hydrologic Modeling and Full Rule 26 Compliance for Flood-Causation Experts

Date: Jun 30, 2025
“Model or Miss the Boat” – Sixth Circuit Requires Site-Specific Hydrologic Modeling and Full Rule 26 Compliance for Flood-Causation Experts Introduction In Eugene Baker v. Blackhawk Mining, LLC, No....
Martinez v. Wayne County (2025): Sixth Circuit Defines the Outer Boundary of Next-of-Kin Due-Process Rights over Naturally Decomposed Remains

Martinez v. Wayne County (2025): Sixth Circuit Defines the Outer Boundary of Next-of-Kin Due-Process Rights over Naturally Decomposed Remains

Date: Jun 30, 2025
Martinez v. Wayne County (2025): Sixth Circuit Defines the Outer Boundary of Next-of-Kin Due-Process Rights over Naturally Decomposed Remains Introduction In Luis Antonio Martinez, Sr. v. Wayne...

        Sixth Circuit Clarifies Two Key Points: 
        (1) § 3742(a) Does Not Bar Appeals from Denials of Early-Termination Motions, and 
        (2) District Courts Must Show Consideration of § 3553(a) Factors When They Deny Early Termination of Supervised Release

Sixth Circuit Clarifies Two Key Points: (1) § 3742(a) Does Not Bar Appeals from Denials of Early-Termination Motions, and (2) District Courts Must Show Consideration of § 3553(a) Factors When They Deny Early Termination of Supervised Release

Date: Jun 30, 2025
United States v. Edwin Tavarez – A New Framework for Early Termination of Supervised Release in the Sixth Circuit Introduction In United States v. Edwin Tavarez, No. 23-3666 (6th Cir. 2025), the...

The Zambrano Clarification: Inadvertent Police Misstatements Do Not Constitute
“Fabricated Evidence” Absent Proof of Bad-Faith Knowledge and Materiality

The Zambrano Clarification: Inadvertent Police Misstatements Do Not Constitute “Fabricated Evidence” Absent Proof of Bad-Faith Knowledge and Materiality

Date: Jun 30, 2025
The Zambrano Clarification: Inadvertent Police Misstatements Do Not Constitute “Fabricated Evidence” Absent Proof of Bad-Faith Knowledge and Materiality 1. Introduction Jesus Zambrano v. City of...
Confirming Rosemond’s Reach: Advance Knowledge Plus Participation Suffice for 18 U.S.C. § 924(c) Aiding-and-Abetting Liability

Confirming Rosemond’s Reach: Advance Knowledge Plus Participation Suffice for 18 U.S.C. § 924(c) Aiding-and-Abetting Liability

Date: Jun 30, 2025
Confirming Rosemond’s Reach: Advance Knowledge Plus Participation Suffice for 18 U.S.C. § 924(c) Aiding-and-Abetting Liability Introduction United States v. Demetris Campbell, No. 24-3142 (7th Cir....
“Fresh Enough”: Seventh Circuit Re-Affirms that Two-Week-Old Intelligence Can Sustain Probable Cause for Warrants Targeting Ongoing Drug Operations

“Fresh Enough”: Seventh Circuit Re-Affirms that Two-Week-Old Intelligence Can Sustain Probable Cause for Warrants Targeting Ongoing Drug Operations

Date: Jun 30, 2025
“Fresh Enough”: Seventh Circuit Re-Affirms that Two-Week-Old Intelligence Can Sustain Probable Cause for Warrants Targeting Ongoing Drug Operations 1. Introduction In United States v. Gregory Harris,...
United States v. Zhao (7th Cir. 2025):  Extending the “Supervision-and-Control” Doctrine to Tangible Pandemic-Response Supplies under 18 U.S.C. § 641

United States v. Zhao (7th Cir. 2025): Extending the “Supervision-and-Control” Doctrine to Tangible Pandemic-Response Supplies under 18 U.S.C. § 641

Date: Jun 30, 2025
United States v. Tangtang Zhao – Seventh Circuit Clarifies that Physical Items Distributed in National-Emergency Programs Remain “Government Property” Where the United States Retains Functionally...
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