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federal Case Commentaries

United States v. Rollins: Sixth Circuit Reaffirms District Courts’ Broad Discretion in Guideline-Reduction Motions After Amendment 821

United States v. Rollins: Sixth Circuit Reaffirms District Courts’ Broad Discretion in Guideline-Reduction Motions After Amendment 821

Date: Jun 11, 2025
United States v. Rollins: Sixth Circuit Reaffirms District Courts’ Broad Discretion in Guideline-Reduction Motions After Amendment 821 Introduction United States v. Curtis Rollins, decided by the...
“More than the Principal”: The Sixth Circuit Confirms Courts May Award Pre-Judgment Interest under the MVRA

“More than the Principal”: The Sixth Circuit Confirms Courts May Award Pre-Judgment Interest under the MVRA

Date: Jun 11, 2025
“More than the Principal”: The Sixth Circuit Confirms Courts May Award Pre-Judgment Interest under the MVRA 1. Introduction United States v. Irene Michelle Fike, No. 24-5857 (6th Cir. June 10, 2025)...
Asset Dissipation as Irreparable Harm:  Chavez-DeRemer v. Ascent Construction and the Tenth Circuit’s Endorsement of Injunctive Removal of ERISA Fiduciaries Following Willful Discovery Misconduct

Asset Dissipation as Irreparable Harm: Chavez-DeRemer v. Ascent Construction and the Tenth Circuit’s Endorsement of Injunctive Removal of ERISA Fiduciaries Following Willful Discovery Misconduct

Date: Jun 11, 2025
Asset Dissipation as Irreparable Harm: Chavez-DeRemer v. Ascent Construction and the Tenth Circuit’s Endorsement of Injunctive Removal of ERISA Fiduciaries Following Willful Discovery Misconduct 1....
Intermediate Scrutiny over Turner Deference: The Tenth Circuit’s New Rule for Transgender Prisoner Housing – A Commentary on Griffith v. El Paso County (2025)

Intermediate Scrutiny over Turner Deference: The Tenth Circuit’s New Rule for Transgender Prisoner Housing – A Commentary on Griffith v. El Paso County (2025)

Date: Jun 11, 2025
Intermediate Scrutiny over Turner Deference: Griffith v. El Paso County (10th Cir. 2025) Introduction Griffith v. El Paso County, Colorado, presents a pivotal clash between prison-administration...
“No Shortcut to the PRC” – The Tenth Circuit’s Firm Stand on Mandatory Administrative Exhaustion for PAEA § 404a Claims

“No Shortcut to the PRC” – The Tenth Circuit’s Firm Stand on Mandatory Administrative Exhaustion for PAEA § 404a Claims

Date: Jun 11, 2025
“No Shortcut to the PRC” – The Tenth Circuit’s Firm Stand on Mandatory Administrative Exhaustion for PAEA § 404a Claims 1. Introduction Rapid Enterprises, LLC, doing business as Express One, operated...
United States v. Cortez: Affirming Broad Judicial Discretion to Impose Upward Variances in Illegal-Re-entry Cases Based on Uncontested PSR Facts and Violent Criminal Histories

United States v. Cortez: Affirming Broad Judicial Discretion to Impose Upward Variances in Illegal-Re-entry Cases Based on Uncontested PSR Facts and Violent Criminal Histories

Date: Jun 11, 2025
United States v. Cortez: Affirming Broad Judicial Discretion to Impose Upward Variances in Illegal-Re-entry Cases Based on Uncontested PSR Facts and Violent Criminal Histories Introduction United...

“Superior-Interest Rule” in Criminal Forfeiture:  Tenth Circuit Affirms Priority of State-Law Ownership over Federal Relation-Back – Commentary on United States v. Peck (2025)

“Superior-Interest Rule” in Criminal Forfeiture: Tenth Circuit Affirms Priority of State-Law Ownership over Federal Relation-Back – Commentary on United States v. Peck (2025)

Date: Jun 11, 2025
“Superior-Interest Rule” in Criminal Forfeiture: Tenth Circuit Affirms Priority of State-Law Ownership over Federal Relation-Back Commentary on United States v. Peck, 89 F.4th ___ (10th Cir. 2025) I....
No Waiver by Over-Broad Motion: Tenth Circuit Clarifies That a State Official Does Not Waive Eleventh-Amendment Immunity Merely by Filing a Comprehensive Rule 12 Motion

No Waiver by Over-Broad Motion: Tenth Circuit Clarifies That a State Official Does Not Waive Eleventh-Amendment Immunity Merely by Filing a Comprehensive Rule 12 Motion

Date: Jun 11, 2025
No Waiver by Over-Broad Motion: Tenth Circuit Clarifies That a State Official Does Not Waive Eleventh-Amendment Immunity Merely by Filing a Comprehensive Rule 12 Motion Introduction In Williams v....
“Trademark Registration as Purposeful Availment” – The Eleventh Circuit’s New Rule on Nationwide Personal Jurisdiction over Foreign IP-Holding Companies

“Trademark Registration as Purposeful Availment” – The Eleventh Circuit’s New Rule on Nationwide Personal Jurisdiction over Foreign IP-Holding Companies

Date: Jun 11, 2025
“Trademark Registration as Purposeful Availment” – The Eleventh Circuit’s New Rule on Nationwide Personal Jurisdiction over Foreign IP-Holding Companies Introduction Jekyll Island–State Park...
Petersen v. Pedersen: Circumstantial Probable Cause and the Scope of Qualified Immunity in OWI Arrests

Petersen v. Pedersen: Circumstantial Probable Cause and the Scope of Qualified Immunity in OWI Arrests

Date: Jun 11, 2025
Petersen v. Pedersen: Circumstantial Probable Cause and the Scope of Qualified Immunity in OWI Arrests 1. Introduction The Seventh Circuit’s decision in Mark Petersen v. Stefanie Pedersen, No....
No Predicate, No Conspiracy: Seventh Circuit Clarifies § 371 Liability and Jury-Instruction Standards in United States v. Clark

No Predicate, No Conspiracy: Seventh Circuit Clarifies § 371 Liability and Jury-Instruction Standards in United States v. Clark

Date: Jun 11, 2025
No Predicate, No Conspiracy: Seventh Circuit Clarifies § 371 Liability and Jury-Instruction Standards in United States v. Clark Introduction The Seventh Circuit’s decision in United States v. Derrick...
United States v. Clark & Mesner: Seventh Circuit Demands a Live Predicate for § 371 Conspiracy and Clarifies Use-of-Document Liability under § 1001(a)(3)

United States v. Clark & Mesner: Seventh Circuit Demands a Live Predicate for § 371 Conspiracy and Clarifies Use-of-Document Liability under § 1001(a)(3)

Date: Jun 11, 2025
United States v. Clark & Mesner: Seventh Circuit Demands a Live Predicate for § 371 Conspiracy and Clarifies Use-of-Document Liability under § 1001(a)(3) Introduction The Seventh Circuit’s opinion in...
“You Cannot Hide Behind Your Own Alias” – United States v. Marte and the Limits of §1326(d) Collateral Attacks

“You Cannot Hide Behind Your Own Alias” – United States v. Marte and the Limits of §1326(d) Collateral Attacks

Date: Jun 11, 2025
“You Cannot Hide Behind Your Own Alias” – United States v. Marte and the Limits of §1326(d) Collateral Attacks I. Introduction United States v. Jose Miguel Marte, No. 24-1540 (3d Cir. June 9, 2025)...
Dow Construction v. BPX Operating: The Fifth Circuit Redefines “Unleased Interests,” Expands Forfeiture to Post-Production Costs, and Imposes a One-Year Prescriptive Period Under Louisiana Forced-Pooling Law

Dow Construction v. BPX Operating: The Fifth Circuit Redefines “Unleased Interests,” Expands Forfeiture to Post-Production Costs, and Imposes a One-Year Prescriptive Period Under Louisiana Forced-Pooling Law

Date: Jun 11, 2025
Dow Construction v. BPX Operating: The Fifth Circuit Redefines “Unleased Interests,” Expands Forfeiture to Post-Production Costs, and Imposes a One-Year Prescriptive Period Under Louisiana...
“Speculation Is Not Jurisdiction” – The Second Circuit’s Dual Clarifications on Personal-Jurisdiction Pleading and Harmless Error Review in El Omari v. Dechert LLP

“Speculation Is Not Jurisdiction” – The Second Circuit’s Dual Clarifications on Personal-Jurisdiction Pleading and Harmless Error Review in El Omari v. Dechert LLP

Date: Jun 11, 2025
“Speculation Is Not Jurisdiction” – The Second Circuit’s Dual Clarifications on Personal-Jurisdiction Pleading and Harmless Error Review in El Omari v. Dechert LLP 1. Introduction On 9 June 2025 the...
“Drawing the Line Between Fact and Law in Qualified-Immunity Appeals” – A Commentary on Horn v. Adger (2d Cir. 2025)

“Drawing the Line Between Fact and Law in Qualified-Immunity Appeals” – A Commentary on Horn v. Adger (2d Cir. 2025)

Date: Jun 11, 2025
“Drawing the Line Between Fact and Law in Qualified-Immunity Appeals” A Comprehensive Commentary on Horn v. Adger, 24-1034(L) (2d Cir. 2025) 1. Introduction Parties and posture. In Horn v. Adger, two...
Clarifying the Weight of Direct Contradictions: Paguay-Acosta v. Bondi and the Second Circuit’s Refinement of Credibility Analysis in Asylum Proceedings

Clarifying the Weight of Direct Contradictions: Paguay-Acosta v. Bondi and the Second Circuit’s Refinement of Credibility Analysis in Asylum Proceedings

Date: Jun 11, 2025
Clarifying the Weight of Direct Contradictions: Paguay-Acosta v. Bondi and the Second Circuit’s Refinement of Credibility Analysis in Asylum Proceedings 1. Introduction In Paguay-Acosta v. Bondi, the...
Commentary: Strict Application of Lozada & Prejudice Standards in Ineffective-Assistance Motions – A Review of Salazar-Asencio v. Bondi

Commentary: Strict Application of Lozada & Prejudice Standards in Ineffective-Assistance Motions – A Review of Salazar-Asencio v. Bondi

Date: Jun 11, 2025
Strict Application of Lozada & the “Reasonable Probability” Prejudice Test in Ineffective-Assistance Motions: Salazar-Asencio v. Bondi Introduction Salazar-Asencio v. Bondi (2d Cir. No. 24-1230, June...
Singh v. Bondi: Re-affirming the “Unable-or-Unwilling” Threshold and Issue-Exhaustion in Asylum & CAT Litigation

Singh v. Bondi: Re-affirming the “Unable-or-Unwilling” Threshold and Issue-Exhaustion in Asylum & CAT Litigation

Date: Jun 11, 2025
Singh v. Bondi: Re-affirming the “Unable-or-Unwilling” Threshold and Issue-Exhaustion in Asylum & CAT Litigation Introduction Bhupinder Singh, an Indian national and follower of a Sikh splinter...
Ventura-Duarte v. Bondi: Second Circuit Clarifies the “One-Central-Reason” Nexus in Gang-Related Asylum Claims after Matter of L-E-A-

Ventura-Duarte v. Bondi: Second Circuit Clarifies the “One-Central-Reason” Nexus in Gang-Related Asylum Claims after Matter of L-E-A-

Date: Jun 11, 2025
Ventura-Duarte v. Bondi: Second Circuit Clarifies the “One-Central-Reason” Nexus in Gang-Related Asylum Claims after Matter of L-E-A- 1. Introduction Ventura-Duarte v. Bondi is a 2025 summary order...
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