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federal Case Commentaries

Reyes Reaffirms Tradition of Disarming Dangerous Felons after Bruen: The Fifth Circuit’s Post-Rahimi Framework for § 922(g)(1) As-Applied Challenges

Reyes Reaffirms Tradition of Disarming Dangerous Felons after Bruen: The Fifth Circuit’s Post-Rahimi Framework for § 922(g)(1) As-Applied Challenges

Date: Jun 27, 2025
Reyes Reaffirms Tradition of Disarming Dangerous Felons after Bruen: The Fifth Circuit’s Post-Rahimi Framework for § 922(g)(1) As-Applied Challenges Introduction United States v. Reyes, No. 24-40369...
“Instant Termination Means Instant Preclusion” – The Fifth Circuit’s Clarification of Texas Rule 162 in Willis v. Aron

“Instant Termination Means Instant Preclusion” – The Fifth Circuit’s Clarification of Texas Rule 162 in Willis v. Aron

Date: Jun 27, 2025
“Instant Termination Means Instant Preclusion” – The Fifth Circuit’s Clarification of Texas Rule 162 in Willis v. Aron Introduction The United States Court of Appeals for the Fifth Circuit’s...
Fourth Circuit Clarifies Non-Binding Nature of EOIR OPPM 17-04 and the Limited Reach of the Accardi Doctrine in Cancellation-of-Removal Cap Cases

Fourth Circuit Clarifies Non-Binding Nature of EOIR OPPM 17-04 and the Limited Reach of the Accardi Doctrine in Cancellation-of-Removal Cap Cases

Date: Jun 27, 2025
Fourth Circuit Clarifies Non-Binding Nature of EOIR OPPM 17-04 and the Limited Reach of the Accardi Doctrine in Cancellation-of-Removal Cap Cases Introduction The published opinion in Alex Zalaya...
“The Vehicle Must Be Yours”: Erie Insurance v. Cooper and the New Limits on Mandatory UIM Offers for Non-Owned Vehicles

“The Vehicle Must Be Yours”: Erie Insurance v. Cooper and the New Limits on Mandatory UIM Offers for Non-Owned Vehicles

Date: Jun 27, 2025
“The Vehicle Must Be Yours”: Erie Insurance v. Cooper and the New Limits on Mandatory UIM Offers for Non-Owned Vehicles 1. Introduction Erie Insurance Property & Casualty Company v. James Skylar...
No Double Redress: The Fourth Circuit Bars Appeals for Nominal Damages Once Compensatory Damages Are Awarded — Commentary on Hammons v. UMMS

No Double Redress: The Fourth Circuit Bars Appeals for Nominal Damages Once Compensatory Damages Are Awarded — Commentary on Hammons v. UMMS

Date: Jun 27, 2025
No Double Redress: The Fourth Circuit Bars Appeals for Nominal Damages Once Compensatory Damages Are Awarded 1. Introduction In Jesse Hammons v. University of Maryland Medical System Corporation, the...
Fourth Circuit Tightens Appellate Standing: Compensatory Damages Foreclose Nominal Damages and Declaratory Relief

Fourth Circuit Tightens Appellate Standing: Compensatory Damages Foreclose Nominal Damages and Declaratory Relief

Date: Jun 27, 2025
Compensatory Damages as Full Redress: Hammons v. University of Maryland Medical System Corp. and the Limits of Appellate Standing for Nominal Damages 1. Introduction Jesse Hammons— a transgender man...
United States v. Duane Berry: Affirming Continued § 4241 Custody Post-Dismissal to Facilitate § 4246 Civil Commitment

United States v. Duane Berry: Affirming Continued § 4241 Custody Post-Dismissal to Facilitate § 4246 Civil Commitment

Date: Jun 27, 2025
United States v. Duane Berry: Affirming Continued § 4241 Custody Post-Dismissal to Facilitate § 4246 Civil Commitment Introduction United States v. Duane Berry, No. 24-6385 (4th Cir. June 24 2025),...
Reaffirming the Jurisdictional Limits on Interlocutory Qualified-Immunity Appeals: A Commentary on Calliste v. Lor

Reaffirming the Jurisdictional Limits on Interlocutory Qualified-Immunity Appeals: A Commentary on Calliste v. Lor

Date: Jun 27, 2025
Reaffirming the Jurisdictional Limits on Interlocutory Qualified-Immunity Appeals: A Comprehensive Commentary on Xyavier Calliste v. Officer Xeng Lor (4th Cir. 2025) 1. Introduction Background. On 31...
The Franklin Principle: Relevance-Bound Evidence Requests and “Some Evidence” Sufficiency in Prison Disciplinary Due-Process Review

The Franklin Principle: Relevance-Bound Evidence Requests and “Some Evidence” Sufficiency in Prison Disciplinary Due-Process Review

Date: Jun 27, 2025
The Franklin Principle: Relevance-Bound Evidence Requests and “Some Evidence” Sufficiency in Prison Disciplinary Due-Process Review 1. Introduction Franklin v. Attorney General for the State of New...
“One Bite at the Apple” – The Markley Rule on Claim Preclusion and the Failure to Invoke Diversity Jurisdiction

“One Bite at the Apple” – The Markley Rule on Claim Preclusion and the Failure to Invoke Diversity Jurisdiction

Date: Jun 27, 2025
“One Bite at the Apple” – The Tenth Circuit’s New Rule on Claim Preclusion When a Plaintiff Declines to Plead Existing Diversity Jurisdiction (Markley v. U.S. Bank N.A.) 1. Introduction In Markley v....
United States v. Sanchez-Urias: The Tenth Circuit Clarifies that Appeal-Waiver Exceptions are Triggered by the Sentence Imposed, Not by Guideline-Level Calculations

United States v. Sanchez-Urias: The Tenth Circuit Clarifies that Appeal-Waiver Exceptions are Triggered by the Sentence Imposed, Not by Guideline-Level Calculations

Date: Jun 27, 2025
United States v. Sanchez-Urias: The Tenth Circuit Clarifies that Appeal-Waiver Exceptions are Triggered by the Sentence Imposed, Not by Guideline-Level Calculations 1. Introduction In United States...
United States v. Teerlink: No Contractual “Footnote Escape Hatch” from the Invited-Error Doctrine

United States v. Teerlink: No Contractual “Footnote Escape Hatch” from the Invited-Error Doctrine

Date: Jun 27, 2025
United States v. Teerlink: No Contractual “Footnote Escape Hatch” from the Invited-Error Doctrine Introduction United States v. Teerlink, 94 F.4th ___ (10th Cir. 2025), presented the Tenth Circuit...
No Rescission Without an Illegal Obligation ‑ The Second Circuit Clarifies Section 29(b) in Xeriant, Inc. v. Auctus Fund LLC

No Rescission Without an Illegal Obligation ‑ The Second Circuit Clarifies Section 29(b) in Xeriant, Inc. v. Auctus Fund LLC

Date: Jun 26, 2025
No Rescission Without an Illegal Obligation: The Second Circuit Clarifies Section 29(b) in Xeriant, Inc. v. Auctus Fund LLC Introduction The United States Court of Appeals for the Second Circuit has...
“Unmistakable Clarity” Required: United States v. Maldonado-Negroni and the Harmless-Error Test for Guideline Miscalculations

“Unmistakable Clarity” Required: United States v. Maldonado-Negroni and the Harmless-Error Test for Guideline Miscalculations

Date: Jun 25, 2025
“Unmistakable Clarity” Required: United States v. Maldonado-Negroni and the Harmless-Error Test for Guideline Miscalculations 1. Introduction United States v. Maldonado-Negroni, No. 23-1768 (1st Cir....
“No Party, No Standing” – The Third Circuit’s Clarification on Contractual Standing for County Election Boards

“No Party, No Standing” – The Third Circuit’s Clarification on Contractual Standing for County Election Boards

Date: Jun 25, 2025
“No Party, No Standing” – The Third Circuit’s Clarification on Contractual Standing for County Election Boards Introduction Fulton County v. Dominion Voting Systems Inc. (3d Cir. No. 24-2771, 23 June...

The “Holistic-Meyers” Revival and a Refined Wright-Line Remand: A Commentary on Miller Plastic Products Inc v. NLRB

The “Holistic-Meyers” Revival and a Refined Wright-Line Remand: A Commentary on Miller Plastic Products Inc v. NLRB

Date: Jun 25, 2025
The “Holistic-Meyers” Revival and a Refined Wright-Line Remand: Commentary on Miller Plastic Products Inc v. NLRB (3d Cir. 2025) 1. Introduction On 23 June 2025, the United States Court of Appeals...
“Beyond the Alstate Checklist” — The Third Circuit Re-embraces a Holistic Test for Concerted Activity after Loper Bright (Commentary on NLRB v. Miller Plastic Products Inc.)

“Beyond the Alstate Checklist” — The Third Circuit Re-embraces a Holistic Test for Concerted Activity after Loper Bright (Commentary on NLRB v. Miller Plastic Products Inc.)

Date: Jun 25, 2025
“Beyond the Alstate Checklist” — The Third Circuit Re-embraces a Holistic Test for Concerted Activity after Loper Bright Commentary on NLRB v. Miller Plastic Products Inc., 2025 1. Introduction...
When Consideration Fails: Third Circuit Recognises Rescission of Settlement Agreements Where a Dependent Covenant Is Breached

When Consideration Fails: Third Circuit Recognises Rescission of Settlement Agreements Where a Dependent Covenant Is Breached

Date: Jun 25, 2025
When Consideration Fails: Third Circuit Recognises Rescission of Settlement Agreements Where a Dependent Covenant Is Breached 1. Introduction Point Blank Protective Apparel & Uniforms LLC (“Point...
“Temporal-and-Conceptual Distinctness” after Clark v. Louisiana DPS&C: A Refined Heck Bar for Section 1983 Excessive-Force Claims Arising from Prison Disciplinary Convictions

“Temporal-and-Conceptual Distinctness” after Clark v. Louisiana DPS&C: A Refined Heck Bar for Section 1983 Excessive-Force Claims Arising from Prison Disciplinary Convictions

Date: Jun 25, 2025
“Temporal-and-Conceptual Distinctness” after Clark v. Louisiana Department of Public Safety & Corrections: A Refined Heck Bar for Section 1983 Excessive-Force Claims Arising from Prison Disciplinary...
“Clearly Established” Curtilage Law and Qualified Immunity After Sauceda v. Lopez (Sauceda II)

“Clearly Established” Curtilage Law and Qualified Immunity After Sauceda v. Lopez (Sauceda II)

Date: Jun 25, 2025
“Clearly Established” Curtilage Law and Qualified Immunity After Sauceda v. Lopez (Sauceda II) 1. Introduction Sauceda v. Lopez, No. 24-40174 (5th Cir. 2025), nick-named “Sauceda II,” is the Fifth...
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