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  • Commentaries
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federal Case Commentaries

Third Circuit Opens the Door to Judicial Review of “Good Moral Character” Findings in Cancellation-of-Removal Cases

Third Circuit Opens the Door to Judicial Review of “Good Moral Character” Findings in Cancellation-of-Removal Cases

Date: Aug 19, 2025
Third Circuit Opens the Door to Judicial Review of “Good Moral Character” Findings in Cancellation-of-Removal Cases Introduction Josue Roman Sanchez v. Attorney General marks a pivotal moment in U.S....
When Deliberate Indifference Also “Shocks the Conscience”: The Fifth Circuit’s Clarification of Supervisory Liability in Doe v. Jewell

When Deliberate Indifference Also “Shocks the Conscience”: The Fifth Circuit’s Clarification of Supervisory Liability in Doe v. Jewell

Date: Aug 19, 2025
When Deliberate Indifference Also “Shocks the Conscience”: The Fifth Circuit’s Clarification of Supervisory Liability in Doe v. Jewell Introduction In Doe v. Jewell, the United States Court of...
From “Minor” to Material: Fifth Circuit Recalibrates the PLRA Physical-Injury Threshold in Morris v. Estes

From “Minor” to Material: Fifth Circuit Recalibrates the PLRA Physical-Injury Threshold in Morris v. Estes

Date: Aug 19, 2025
From “Minor” to Material: Fifth Circuit Recalibrates the PLRA Physical-Injury Threshold in Morris v. Estes 1. Introduction Background. In Morris v. Estes, No. 24-30553 (5th Cir. Aug. 15, 2025),...
Norman v. Ingle: Video-Clarity Rule & Officer-Specific Qualified Immunity Analysis in the Fifth Circuit

Norman v. Ingle: Video-Clarity Rule & Officer-Specific Qualified Immunity Analysis in the Fifth Circuit

Date: Aug 19, 2025
Norman v. Ingle: Video-Clarity Rule & Officer-Specific Qualified Immunity Analysis in the Fifth Circuit I. Introduction Norman v. Ingle, No. 24-20431 (5th Cir. Aug. 15, 2025), sets a new benchmark...

        Fifth Circuit Endorses “Non-Physical” Quorum: State of Texas v. Bondi and the
        Modernization of the Quorum Clause

Fifth Circuit Endorses “Non-Physical” Quorum: State of Texas v. Bondi and the Modernization of the Quorum Clause

Date: Aug 19, 2025
Fifth Circuit Endorses “Non-Physical” Quorum: State of Texas v. Bondi and the Modernization of the Quorum Clause 1. Introduction In State of Texas v. Bondi, No. 24-10386 (5th Cir. Aug. 15, 2025), the...
The Stelly Clarification: One-Year Prescriptive Period Governs § 1981 Failure-to-Promote Actions Involving “New and Distinct” Internal Promotions

The Stelly Clarification: One-Year Prescriptive Period Governs § 1981 Failure-to-Promote Actions Involving “New and Distinct” Internal Promotions

Date: Aug 19, 2025
The Stelly Clarification: One-Year Prescriptive Period Governs § 1981 Failure-to-Promote Actions Involving “New and Distinct” Internal Promotions 1. Introduction In Stelly v. Department of Public...
Plain-Error Limits on Borden-Based Challenges: Fifth Circuit Preserves Louisiana Armed Robbery as a “Crime of Violence” Absent Proven Reckless-Mens-Rea Applications

Plain-Error Limits on Borden-Based Challenges: Fifth Circuit Preserves Louisiana Armed Robbery as a “Crime of Violence” Absent Proven Reckless-Mens-Rea Applications

Date: Aug 19, 2025
Plain-Error Limits on Borden-Based Challenges: Fifth Circuit Preserves Louisiana Armed Robbery as a “Crime of Violence” Absent Proven Reckless-Mens-Rea Applications Introduction United States v....
The Business-Judgment Shield in Legal-Malpractice “Case-Within-a-Case” Analysis: Commentary on John Shufeldt v. Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C.

The Business-Judgment Shield in Legal-Malpractice “Case-Within-a-Case” Analysis: Commentary on John Shufeldt v. Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C.

Date: Aug 19, 2025
The Business-Judgment Shield in Legal-Malpractice “Case-Within-a-Case” Analysis: Sixth Circuit Clarifies Causation Requirements in Shufeldt v. Baker Donelson 1. Introduction This commentary addresses...
Rule 32(h) Notice and Unconditional-Plea Waiver Clarified: In-Depth Commentary on United States v. Tyjuan Devon Gray (6th Cir. 2025)

Rule 32(h) Notice and Unconditional-Plea Waiver Clarified: In-Depth Commentary on United States v. Tyjuan Devon Gray (6th Cir. 2025)

Date: Aug 19, 2025
Rule 32(h) Notice and Unconditional-Plea Waiver Clarified: Commentary on United States v. Tyjuan Devon Gray, Nos. 24-1507/1553/1577 (6th Cir. Aug. 15, 2025) I. Introduction The consolidated appeal in...
“Reasonable Notice” Redefined: The Sixth Circuit’s Flexible Approach to Rule 32(h) Upward Departures in United States v. Tyjuan Devon Gray

“Reasonable Notice” Redefined: The Sixth Circuit’s Flexible Approach to Rule 32(h) Upward Departures in United States v. Tyjuan Devon Gray

Date: Aug 19, 2025
“Reasonable Notice” Redefined: The Sixth Circuit’s Flexible Approach to Rule 32(h) Upward Departures in United States v. Tyjuan Devon Gray Introduction On 15 August 2025, the United States Court of...
United States v. Gray – Sixth Circuit Clarifies Rule 32(h) Notice Standards and the Scope of Waiver Following an Unconditional Guilty Plea

United States v. Gray – Sixth Circuit Clarifies Rule 32(h) Notice Standards and the Scope of Waiver Following an Unconditional Guilty Plea

Date: Aug 19, 2025
United States v. Gray – Sixth Circuit Clarifies Rule 32(h) Notice Standards and the Scope of Waiver Following an Unconditional Guilty Plea Introduction On 15 August 2025 the United States Court of...
No Qualified Immunity Without Discretionary Authority: Eleventh Circuit Fortifies First-Amendment Protection in School-Board Forums (Arthur Huggins v. School District of Manatee County)

No Qualified Immunity Without Discretionary Authority: Eleventh Circuit Fortifies First-Amendment Protection in School-Board Forums (Arthur Huggins v. School District of Manatee County)

Date: Aug 19, 2025
No Qualified Immunity Without Discretionary Authority: Eleventh Circuit Fortifies First-Amendment Protection in School-Board Forums Commentary on Arthur Huggins v. School District of Manatee County,...
“Jet-Bridge Seizures” and Municipal Accountability: The New Fourth-Amendment Framework from Andre v. Clayton County

“Jet-Bridge Seizures” and Municipal Accountability: The New Fourth-Amendment Framework from Andre v. Clayton County

Date: Aug 19, 2025
“Jet-Bridge Seizures” and Municipal Accountability: The New Fourth-Amendment Framework from Andre v. Clayton County I. Introduction On 15 August 2025 the Eleventh Circuit published its decision in...
Harley-Davidson Warranty Litigation: Seventh Circuit Narrows Magnuson-Moss Anti-Tying Reach and Reinforces Rigorous Market-Definition Standards

Harley-Davidson Warranty Litigation: Seventh Circuit Narrows Magnuson-Moss Anti-Tying Reach and Reinforces Rigorous Market-Definition Standards

Date: Aug 19, 2025
Harley-Davidson Warranty Litigation: Seventh Circuit Narrows Magnuson-Moss Anti-Tying Reach and Reinforces Rigorous Market-Definition Standards 1. Introduction On 15 August 2025 the United States...
The “Strickland Doctrine”: Clarifying Due-Process, Equal-Protection, and Sealing Standards for Federal Judiciary Employees

The “Strickland Doctrine”: Clarifying Due-Process, Equal-Protection, and Sealing Standards for Federal Judiciary Employees

Date: Aug 19, 2025
The “Strickland Doctrine” Clarifying Due-Process, Equal-Protection, and Sealing Standards for Federal Judiciary Employees 1. Introduction In Caryn Strickland v. Nancy Moritz, the Court of Appeals for...
The “Pass-Through Speech” Doctrine: Fourth Circuit Invalidates Maryland’s Digital-Ad Tax Gag Clause

The “Pass-Through Speech” Doctrine: Fourth Circuit Invalidates Maryland’s Digital-Ad Tax Gag Clause

Date: Aug 19, 2025
The “Pass-Through Speech” Doctrine: Fourth Circuit Invalidates Maryland’s Digital-Advertising Tax Gag Clause Introduction Chamber of Commerce of the United States v. Brooke Lierman is the latest...
Unlicensed Firearms Dealing as “Illicit Trafficking”:  Fourth-Circuit Affirms § 922(a)(1)(A) as an Aggravated Felony under INA § 1101(a)(43)(C)

Unlicensed Firearms Dealing as “Illicit Trafficking”: Fourth-Circuit Affirms § 922(a)(1)(A) as an Aggravated Felony under INA § 1101(a)(43)(C)

Date: Aug 19, 2025
Unlicensed Firearms Dealing as “Illicit Trafficking”: Fourth-Circuit Affirms § 922(a)(1)(A) as an Aggravated Felony under INA § 1101(a)(43)(C) Introduction Genovevo Alvarez Ronquillo v. Pamela Bondi...
FRE 601 Trumps: Fourth Circuit Holds that State Expert-Qualification Rules Govern Medical-Malpractice Elements in Federal Court

FRE 601 Trumps: Fourth Circuit Holds that State Expert-Qualification Rules Govern Medical-Malpractice Elements in Federal Court

Date: Aug 19, 2025
FRE 601 Trumps: Fourth Circuit Holds that State Expert-Qualification Rules Govern Medical-Malpractice Elements in Federal Court 1. Introduction In Manuel Moreno v. Dr. Carol C. Bosholm, Nos....
Moreno v. Bosholm – The Fourth Circuit Embraces Rule 601:
State Expert-Competency Standards Now Control Medical Malpractice Claims in Federal Court

Moreno v. Bosholm – The Fourth Circuit Embraces Rule 601: State Expert-Competency Standards Now Control Medical Malpractice Claims in Federal Court

Date: Aug 19, 2025
Federal Rule of Evidence 601 Mandates Application of State Expert-Competency Rules in Federal Medical-Malpractice Actions: A Commentary on Manuel Moreno v. Carol Bosholm (4th Cir. 2025) 1....
Time-of-Conviction Prevails: Fourth Circuit Clarifies “Controlled Substance Offense” Analysis and Upholds Use of Virginia § 18.2-248 and 21 U.S.C. § 841(a)(1) Convictions for Career-Offender Status

Time-of-Conviction Prevails: Fourth Circuit Clarifies “Controlled Substance Offense” Analysis and Upholds Use of Virginia § 18.2-248 and 21 U.S.C. § 841(a)(1) Convictions for Career-Offender Status

Date: Aug 19, 2025
Time-of-Conviction Prevails: Fourth Circuit Clarifies “Controlled Substance Offense” Analysis and Upholds Use of Virginia § 18.2-248 and 21 U.S.C. § 841(a)(1) Convictions for Career-Offender Status...
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