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  • Commentaries
  • Judgments

federal Case Commentaries

Extending the § 362(b)(4) Police & Regulatory Power Exception to Private-Party Contempt Motions: Commentary on Cory Markham v. Auto Cycle Exchange Services, Inc.

Extending the § 362(b)(4) Police & Regulatory Power Exception to Private-Party Contempt Motions: Commentary on Cory Markham v. Auto Cycle Exchange Services, Inc.

Date: Aug 19, 2025
Extending the § 362(b)(4) Police & Regulatory Power Exception to Private-Party Contempt Motions Commentary on Cory Markham v. Auto Cycle Exchange Services, Inc., BAP No. CO-24-19 (10th Cir. BAP Aug....
United States v. Simmons: Tenth Circuit Clarifies that § 844 Recidivist Felony Possession—Not Subject to the Categorical Approach—Can Support the § 2K2.1(b)(6)(B) Firearm-Drug Enhancement

United States v. Simmons: Tenth Circuit Clarifies that § 844 Recidivist Felony Possession—Not Subject to the Categorical Approach—Can Support the § 2K2.1(b)(6)(B) Firearm-Drug Enhancement

Date: Aug 19, 2025
United States v. Simmons: Tenth Circuit Clarifies that § 844 Recidivist Felony Possession—Not Subject to the Categorical Approach—Can Support the § 2K2.1(b)(6)(B) Firearm-Drug Enhancement 1....

        Community-Caretaking Revisited:  United States v. Ulibarri  Affirms Opperman
        Primacy and Validates Mixed-Motive Vehicle Impoundments

Community-Caretaking Revisited: United States v. Ulibarri Affirms Opperman Primacy and Validates Mixed-Motive Vehicle Impoundments

Date: Aug 19, 2025
Community-Caretaking Revisited: United States v. Ulibarri Affirms Opperman Primacy and Validates Mixed-Motive Vehicle Impoundments 1. Introduction In United States v. Ulibarri, No. 24-2080 (10th Cir....
“Bivens Survives the Inspector General Act”: A Commentary on Arias v. Herzon (1st Cir. 2025)

“Bivens Survives the Inspector General Act”: A Commentary on Arias v. Herzon (1st Cir. 2025)

Date: Aug 19, 2025
“Bivens Survives the Inspector General Act” A Comprehensive Commentary on Arias v. Herzon, No. 23-1618 (1st Cir. 2025) 1. Introduction Arias v. Herzon presented the U.S. Court of Appeals for the...
“Reasonable Prediction” Prevails: Hussey v. City of Cambridge and the First Circuit’s Reinforcement of Deference to Law-Enforcement Employers in Social-Media Speech

“Reasonable Prediction” Prevails: Hussey v. City of Cambridge and the First Circuit’s Reinforcement of Deference to Law-Enforcement Employers in Social-Media Speech

Date: Aug 19, 2025
“Reasonable Prediction” Prevails: Hussey v. City of Cambridge and the First Circuit’s Reinforcement of Deference to Law-Enforcement Employers in Social-Media Speech 1. Introduction In Hussey v. City...
The “Indirect-Supplier” Doctrine: First Circuit Clarifies Duty to Disclose Supply-Chain Risks in Securities Fraud Actions

The “Indirect-Supplier” Doctrine: First Circuit Clarifies Duty to Disclose Supply-Chain Risks in Securities Fraud Actions

Date: Aug 19, 2025
The “Indirect-Supplier” Doctrine: First Circuit Clarifies Duty to Disclose Supply-Chain Risks in Securities Fraud Actions Introduction In State Teachers Retirement System of Ohio v. Charles River...
Second Circuit Re-characterizes § 6213(a) as a Non-Jurisdictional, Equitably-Tollable Deadline

Second Circuit Re-characterizes § 6213(a) as a Non-Jurisdictional, Equitably-Tollable Deadline

Date: Aug 19, 2025
Second Circuit Redefines the 90-Day Deficiency Deadline: I.R.C. § 6213(a) Deemed Non-Jurisdictional and Subject to Equitable Tolling I. Introduction In Buller v. Commissioner, No. 24-1557 (2d Cir....
“Arbitration in Name Only” – Second Circuit Refines the FAA’s Limits in Flores v. N.Y. Football Giants

“Arbitration in Name Only” – Second Circuit Refines the FAA’s Limits in Flores v. N.Y. Football Giants

Date: Aug 19, 2025
“Arbitration in Name Only” – Second Circuit Refines the FAA’s Limits in Flores v. N.Y. Football Giants 1. Introduction The United States Court of Appeals for the Second Circuit has delivered a...
Continuances after Patel: Second Circuit Confirms Judicial Review & Re-states the “Good-Cause/Prima-Facie–Eligibility” Test – Commentary on Hernandez Flores v. Bondi (2025)

Continuances after Patel: Second Circuit Confirms Judicial Review & Re-states the “Good-Cause/Prima-Facie–Eligibility” Test – Commentary on Hernandez Flores v. Bondi (2025)

Date: Aug 19, 2025
Continuances after Patel: Second Circuit Confirms Judicial Review & Re-states the “Good-Cause/Prima-Facie–Eligibility” Test – Commentary on Hernandez Flores v. Bondi (2025) 1. Introduction Hernandez...
Employer Assurances Can Nullify Broad Release: The “Knowing-and-Voluntary” Standard Re-Defined in Schuyler v. Sun Life

Employer Assurances Can Nullify Broad Release: The “Knowing-and-Voluntary” Standard Re-Defined in Schuyler v. Sun Life

Date: Aug 19, 2025
Employer Assurances Can Nullify Broad Release: The “Knowing-and-Voluntary” Standard Re-Defined in Schuyler v. Sun Life Assurance Company of Canada Introduction On 14 August 2025 the United States...
Debit-Card Numbers and PINs as “Means of Identification”: A Commentary on United States v Constantinescu (2d Cir. 2025)

Debit-Card Numbers and PINs as “Means of Identification”: A Commentary on United States v Constantinescu (2d Cir. 2025)

Date: Aug 19, 2025
Debit-Card Numbers and PINs as “Means of Identification”: A Structured Commentary on United States v. Constantinescu, 91 F.4th ___ (2d Cir. 2025) 1. Introduction The Second Circuit’s decision in...
“Implicit-Accounting” in Disability Adjudication:  Eleventh Circuit Confirms ALJs May Address Moderate Social and Adaptive Limitations Without Mirroring Them Verbatim in the RFC (Patterson v. Commissioner, SSA)

“Implicit-Accounting” in Disability Adjudication: Eleventh Circuit Confirms ALJs May Address Moderate Social and Adaptive Limitations Without Mirroring Them Verbatim in the RFC (Patterson v. Commissioner, SSA)

Date: Aug 19, 2025
“Implicit-Accounting” in Disability Adjudication: Eleventh Circuit Confirms ALJs May Address Moderate Social and Adaptive Limitations Without Mirroring Them Verbatim in the RFC Patterson v....
From “Equitable” to “Statutory”: The Eleventh Circuit’s Clarification of Mootness in § 363(b) Bankruptcy Sale Appeals

From “Equitable” to “Statutory”: The Eleventh Circuit’s Clarification of Mootness in § 363(b) Bankruptcy Sale Appeals

Date: Aug 19, 2025
From “Equitable” to “Statutory”: The Eleventh Circuit’s Clarification of Mootness in § 363(b) Bankruptcy Sale Appeals 1. Introduction The Eleventh Circuit’s decision in Payam Katebian v. Tamara...
“Same Time, New Package” – Eleventh Circuit Confirms Broad Discretion to Re-impose an Identical Aggregate Sentence After § 2255 Partial Vacatur

“Same Time, New Package” – Eleventh Circuit Confirms Broad Discretion to Re-impose an Identical Aggregate Sentence After § 2255 Partial Vacatur

Date: Aug 19, 2025
“Same Time, New Package” – Eleventh Circuit Confirms Broad Discretion to Re-impose an Identical Aggregate Sentence After § 2255 Partial Vacatur Introduction In United States v. Michael Chance, No....
Delay-Based Defeat of Irreparable Harm in First-Amendment Cases: Commentary on Yahzur Yo'Seph v. Secretary, Florida DOC

Delay-Based Defeat of Irreparable Harm in First-Amendment Cases: Commentary on Yahzur Yo'Seph v. Secretary, Florida DOC

Date: Aug 19, 2025
Delay-Based Defeat of Irreparable Harm in First-Amendment Cases: A Detailed Commentary on Yahzur Yo'Seph v. Secretary, Florida Department of Corrections 1. Introduction In Yahzur Yo'Seph v....
“Diligence or Dismissal” – Third Circuit Re-affirms Strict Equitable-Tolling Standards and Post-Niz-Chavez NTA Challenges in Brown v. Attorney General (2025)

“Diligence or Dismissal” – Third Circuit Re-affirms Strict Equitable-Tolling Standards and Post-Niz-Chavez NTA Challenges in Brown v. Attorney General (2025)

Date: Aug 19, 2025
“Diligence or Dismissal” – Third Circuit Re-affirms Strict Equitable-Tolling Standards and Post-Niz-Chavez NTA Challenges in Brown v. Attorney General (3d Cir. 2025) 1. Introduction The Third...
“Former Hearing” Means the Last IJ Hearing: Third Circuit Clarifies the Temporal Test for “New” Evidence in Motions to Reopen

“Former Hearing” Means the Last IJ Hearing: Third Circuit Clarifies the Temporal Test for “New” Evidence in Motions to Reopen

Date: Aug 19, 2025
“Former Hearing” Means the Last IJ Hearing: Third Circuit Clarifies the Temporal Test for “New” Evidence in Motions to Reopen Introduction Jose Efrain Suchite-Salguero, a Guatemalan national,...
“Notice-and-Opportunity” Rule in § 3582(c)(2) Proceedings: A Detailed Commentary on United States v. Paul Harmon (3d Cir. 2025)

“Notice-and-Opportunity” Rule in § 3582(c)(2) Proceedings: A Detailed Commentary on United States v. Paul Harmon (3d Cir. 2025)

Date: Aug 19, 2025
“Notice-and-Opportunity” Requirement Applies to § 3582(c)(2) Motions: Commentary on United States v. Harmon, 83 F.4th 101 (3d Cir. 2025) I. Introduction This commentary unpacks the Third Circuit’s...
“Substantial-Risk, Not Proven-Harm” –  Fountain v. Rupert Re-Entwines Garrett and Rhodes, Recasting the Fifth Circuit’s Eighth-Amendment Lens

“Substantial-Risk, Not Proven-Harm” – Fountain v. Rupert Re-Entwines Garrett and Rhodes, Recasting the Fifth Circuit’s Eighth-Amendment Lens

Date: Aug 19, 2025
“Substantial-Risk, Not Proven-Harm” – Fountain v. Rupert Re-Entwines Garrett and Rhodes, Recasting the Fifth Circuit’s Eighth-Amendment Lens 1. Introduction On 14 August 2025 the United States Court...
“Loss of Confidence” as a Stand-Alone, Legitimate Reason:  A Commentary on Glover v. Lafayette City-Parish Consolidated Government

“Loss of Confidence” as a Stand-Alone, Legitimate Reason: A Commentary on Glover v. Lafayette City-Parish Consolidated Government

Date: Aug 19, 2025
“Loss of Confidence” as a Stand-Alone, Legitimate Reason Fifth Circuit Commentary on Glover v. Lafayette City-Parish Consolidated Government I. Introduction Thomas L. Glover, a Black law-enforcement...
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