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  • Commentaries
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federal Case Commentaries

Permissible Rule 35 Corrections and Delegated Supervised-Release Authority: United States v. Ellis

Permissible Rule 35 Corrections and Delegated Supervised-Release Authority: United States v. Ellis

Date: May 31, 2025
Permissible Rule 35 Corrections and Delegated Supervised-Release Authority: United States v. Ellis Introduction The Sixth Circuit’s decision in United States v. Jeremy Ellis et al. (Nos....
Enforcement of the Single Satisfaction Rule in Bankruptcy Preference Recoveries Under 11 U.S.C. § 550

Enforcement of the Single Satisfaction Rule in Bankruptcy Preference Recoveries Under 11 U.S.C. § 550

Date: May 31, 2025
Enforcement of the Single Satisfaction Rule in Bankruptcy Preference Recoveries Under 11 U.S.C. § 550 Introduction In Ad Hoc Group of Senior Secured Noteholders; DIP Lenders; Wilmington Savings Fund...
Neutral Laws with Discretionary Exemptions Trigger Strict Scrutiny & Robust Title VII Accommodation Standards

Neutral Laws with Discretionary Exemptions Trigger Strict Scrutiny & Robust Title VII Accommodation Standards

Date: May 31, 2025
Neutral Laws with Discretionary Exemptions Trigger Strict Scrutiny & Robust Title VII Accommodation Standards Introduction In Alexander Smith v. City of Atlantic City, 3rd Cir. No. 23-3265 (May 30,...
“Relaxed Irreparable-Harm” Standard for Government Stay Applications – A Commentary on Noem v. Doe (605 U.S. ___ 2025)

“Relaxed Irreparable-Harm” Standard for Government Stay Applications – A Commentary on Noem v. Doe (605 U.S. ___ 2025)

Date: May 31, 2025
“Relaxed Irreparable-Harm” Standard for Government Stay Applications – A Comprehensive Commentary on Noem v. Doe (605 U.S. ___ 2025) 1. Introduction In Noem v. Doe, the Supreme Court, by unexplained...
Clarifying Willfulness under the IEEPA: Knowledge of Unlawful Conduct without Specific Regulatory Awareness

Clarifying Willfulness under the IEEPA: Knowledge of Unlawful Conduct without Specific Regulatory Awareness

Date: May 31, 2025
Clarifying Willfulness under the IEEPA: Knowledge of Unlawful Conduct without Specific Regulatory Awareness Introduction United States v. Jalal Hajavi, decided May 30, 2025 by the Eleventh Circuit...
Evaluating “Incapacitation” and Alternative Caregivers in Compassionate Release: United States v. Rosario-Cruzado

Evaluating “Incapacitation” and Alternative Caregivers in Compassionate Release: United States v. Rosario-Cruzado

Date: May 31, 2025
Evaluating “Incapacitation” and Alternative Caregivers in Compassionate Release: United States v. Rosario-Cruzado Introduction United States v. Iza Mar Rosario-Cruzado (4th Cir. 2025) addressed the...
Necessity of Demonstrating Pretext in Pregnancy Discrimination and ADA Claims for Probationary Employees

Necessity of Demonstrating Pretext in Pregnancy Discrimination and ADA Claims for Probationary Employees

Date: May 31, 2025
Necessity of Demonstrating Pretext in Pregnancy Discrimination and ADA Claims for Probationary Employees Introduction Sharise Parker v. Children’s National Medical Center, Inc. (4th Cir. 2025)...
Restrictive Equitable Estoppel for Non-Signatory Enforcement of Arbitration Agreements Under Maryland Law

Restrictive Equitable Estoppel for Non-Signatory Enforcement of Arbitration Agreements Under Maryland Law

Date: May 31, 2025
Restrictive Equitable Estoppel for Non-Signatory Enforcement of Arbitration Agreements Under Maryland Law Introduction The Fourth Circuit’s unpublished per curiam decision in Shamia Franklin v. Cleo...
Establishing the Temporal Boundaries of Protective Sweeps under the Fourth Amendment

Establishing the Temporal Boundaries of Protective Sweeps under the Fourth Amendment

Date: May 31, 2025
Establishing the Temporal Boundaries of Protective Sweeps under the Fourth Amendment Introduction United States v. Antoine Dwayne Riley, decided by the Sixth Circuit on May 30, 2025, addresses a...
Clarifying the Evidentiary Threshold for Monell §1983 Claims at Summary Judgment

Clarifying the Evidentiary Threshold for Monell §1983 Claims at Summary Judgment

Date: May 31, 2025
Clarifying the Evidentiary Threshold for Monell §1983 Claims at Summary Judgment 1. Introduction The Sixth Circuit’s decision in Bradford Gifford v. Hamilton County, Tennessee (25-5893, May 30, 2025)...
District Court Discretion in Competency Hearings and Waiver of Restitution Challenges Established in United States v. Barreto

District Court Discretion in Competency Hearings and Waiver of Restitution Challenges Established in United States v. Barreto

Date: May 31, 2025
District Court Discretion in Competency Hearings and Waiver of Restitution Challenges Established in United States v. Barreto Introduction United States v. Barreto, 23-6799-cr (2d Cir. May 30, 2025),...
Propensity-Free Chain Reasoning for Intent Under Fed. R. Evid. 404(b) Affirmed in United States v. Johnson

Propensity-Free Chain Reasoning for Intent Under Fed. R. Evid. 404(b) Affirmed in United States v. Johnson

Date: May 31, 2025
Propensity-Free Chain Reasoning for Intent Under Fed. R. Evid. 404(b) Affirmed in United States v. Johnson Introduction The Court of Appeals for the Seventh Circuit’s decision in United States v....
Inordinate Delay as a Trigger for § 2254 Exhaustion Exception: Lindsey v. Neal

Inordinate Delay as a Trigger for § 2254 Exhaustion Exception: Lindsey v. Neal

Date: May 31, 2025
Inordinate Delay as a Trigger for § 2254 Exhaustion Exception: Lindsey v. Neal Introduction In Steven Lindsey v. Ron Neal, 7th Cir. No. 23-2789 (May 30, 2025), the United States Court of Appeals for...
United States v. Peppers: Constructive Amendment, Hearsay Against Interest & Extended Revocation Authority under §3583(i)

United States v. Peppers: Constructive Amendment, Hearsay Against Interest & Extended Revocation Authority under §3583(i)

Date: May 31, 2025
United States v. Peppers: Constructive Amendment, Hearsay Against Interest & Extended Revocation Authority under §3583(i) Introduction United States v. Peppers, 10th Cir. (May 30, 2025), addresses...
Hodges v. Grand Rapids: Defining Qualified Immunity and Evidence Scope at the Pleading Stage

Hodges v. Grand Rapids: Defining Qualified Immunity and Evidence Scope at the Pleading Stage

Date: May 31, 2025
Hodges v. City of Grand Rapids: Defining Qualified Immunity and Evidence Scope at the Pleading Stage Introduction In Whitney Hodges v. City of Grand Rapids, Mich., the Sixth Circuit addressed the...
Clarifying Appellate Review of Sentencing: Correcting Oral/Written Discrepancies, Delegation to Probation, and Sentencing Adjustments in Conspiracy and §924(c) Cases

Clarifying Appellate Review of Sentencing: Correcting Oral/Written Discrepancies, Delegation to Probation, and Sentencing Adjustments in Conspiracy and §924(c) Cases

Date: May 31, 2025
Clarifying Appellate Review of Sentencing: Correcting Oral/Written Discrepancies, Delegation to Probation, and Sentencing Adjustments in Conspiracy and §924(c) Cases Introduction The consolidated...
But-For Causation Satisfies Inclusion of Prior Sentence under U.S.S.G. §4A1.2(e)(1)

But-For Causation Satisfies Inclusion of Prior Sentence under U.S.S.G. §4A1.2(e)(1)

Date: May 31, 2025
But-For Causation Satisfies Inclusion of Prior Sentence under U.S.S.G. §4A1.2(e)(1) Introduction The Sixth Circuit’s decision in United States v. Leonel Miller Hinojosa, Jr. (6th Cir. May 30, 2025)...
United States v. Peppers: Standards for Constructive Amendment, Hearsay Exception, and Post-Expiration Supervised Release Revocation

United States v. Peppers: Standards for Constructive Amendment, Hearsay Exception, and Post-Expiration Supervised Release Revocation

Date: May 31, 2025
United States v. Peppers: Standards for Constructive Amendment, Hearsay Exception, and Post-Expiration Supervised Release Revocation Introduction In United States v. Peppers, 10th Cir. No. 23-3112 &...
Industry Standards and Reasonable Basis in First-Party Claim Denials: El Dueno v. Mid-Century Insurance

Industry Standards and Reasonable Basis in First-Party Claim Denials: El Dueno v. Mid-Century Insurance

Date: May 31, 2025
Industry Standards and Reasonable Basis in First-Party Claim Denials: El Dueno v. Mid-Century Insurance 1. Introduction The Tenth Circuit’s decision in El Dueno, LLC v. Mid-Century Insurance Company...
Enforcing Diligence in Civil Litigation: Upholding Dismissal for Want of Prosecution and Rigorous Standards for Excusable Neglect

Enforcing Diligence in Civil Litigation: Upholding Dismissal for Want of Prosecution and Rigorous Standards for Excusable Neglect

Date: May 30, 2025
Enforcing Diligence in Civil Litigation: Upholding Dismissal for Want of Prosecution and Rigorous Standards for Excusable Neglect 1. Introduction Terri Griffiths v. Lorin Eggemeyer (7th Cir. May 29,...
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