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  • Commentaries
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federal Case Commentaries

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...
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),...
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,...
Triggering of the §1182(h) Waiver Stop-Time Rule Upon Initiation of Proceedings: Niz-Chavez Does Not Apply

Triggering of the §1182(h) Waiver Stop-Time Rule Upon Initiation of Proceedings: Niz-Chavez Does Not Apply

Date: May 30, 2025
Triggering of the §1182(h) Waiver Stop-Time Rule Upon Initiation of Proceedings: Niz-Chavez Does Not Apply Introduction Nakia Courtney Hamilton, a Jamaican national and lawful permanent resident of...
Third Circuit Clarifies Title IX Zone-of-Interests for Non-Student, Non-Employee Plaintiffs

Third Circuit Clarifies Title IX Zone-of-Interests for Non-Student, Non-Employee Plaintiffs

Date: May 30, 2025
Third Circuit Clarifies Title IX Zone-of-Interests for Non-Student, Non-Employee Plaintiffs Introduction In Jennifer Oldham v. Penn State University, 22-2056 (3d Cir. May 29, 2025), the Third Circuit...
Expert Recklessness, Imperfect Self-Defense, and Plain Error: United States v. Maryboy

Expert Recklessness, Imperfect Self-Defense, and Plain Error: United States v. Maryboy

Date: May 30, 2025
Expert Recklessness, Imperfect Self-Defense, and Plain Error: United States v. Maryboy Introduction United States v. Maryboy, 23-4117 (10th Cir. May 29, 2025), presents two intertwined questions...
House v. Long: Establishing the “Reasonable Jurists” Threshold for Certificate of Appealability

House v. Long: Establishing the “Reasonable Jurists” Threshold for Certificate of Appealability

Date: May 30, 2025
House v. Long: Establishing the “Reasonable Jurists” Threshold for Certificate of Appealability Introduction In House v. Long, 10th Cir. No. 25-1119 (May 29, 2025), the United States Court of Appeals...
Reasonableness of Minimal Force to Secure a Non-Compliant Suspect in the Patrol Car

Reasonableness of Minimal Force to Secure a Non-Compliant Suspect in the Patrol Car

Date: May 30, 2025
Reasonableness of Minimal Force to Secure a Non-Compliant Suspect in the Patrol Car Introduction Jalen Bass v. Roland Jones, Jr. (No. 25-10261), decided May 29, 2025, by the United States Court of...
Jane Does 1–5 v. Obiano: The TVPA Does Not Implicitly Abrogate Common-Law Foreign Official Immunity

Jane Does 1–5 v. Obiano: The TVPA Does Not Implicitly Abrogate Common-Law Foreign Official Immunity

Date: May 30, 2025
Jane Does 1–5 v. Obiano: The TVPA Does Not Implicitly Abrogate Common-Law Foreign Official Immunity Introduction In Jane Does 1–5 v. Obiano, No. 24-20075 (5th Cir. May 29, 2025), the Fifth Circuit...
“Project-Focused NEPA” – Supreme Court Narrows Environmental Review and Elevates Agency Deference in Seven County Infrastructure Coalition v. Eagle County (2025)

“Project-Focused NEPA” – Supreme Court Narrows Environmental Review and Elevates Agency Deference in Seven County Infrastructure Coalition v. Eagle County (2025)

Date: May 30, 2025
“Project-Focused NEPA” – Supreme Court Narrows Environmental Review and Elevates Agency Deference in Seven County Infrastructure Coalition v. Eagle County (605 U.S. ___, 2025) 1. Introduction The...
Layperson “Obviousness” Standard for Serious Medical Needs and Qualified Immunity in Pretrial Detention

Layperson “Obviousness” Standard for Serious Medical Needs and Qualified Immunity in Pretrial Detention

Date: May 30, 2025
Layperson “Obviousness” Standard for Serious Medical Needs and Qualified Immunity in Pretrial Detention Introduction Kim Hodges v. Joseph Abram is a published decision of the United States Court of...
Lay Recognition of Non-Obvious Medical Needs and Qualified Immunity: Sixth Circuit Defines Objective Prong in Pretrial Detainee Claims

Lay Recognition of Non-Obvious Medical Needs and Qualified Immunity: Sixth Circuit Defines Objective Prong in Pretrial Detainee Claims

Date: May 30, 2025
Lay Recognition of Non-Obvious Medical Needs and Qualified Immunity: Sixth Circuit Defines Objective Prong in Pretrial Detainee Claims Introduction Kim Hodges v. Joseph Abram centers on the tragic...
Principles Governing Dismissal for Want of Prosecution and Rule 60(b) Relief: Griffiths v. Eggemeyer

Principles Governing Dismissal for Want of Prosecution and Rule 60(b) Relief: Griffiths v. Eggemeyer

Date: May 30, 2025
Principles Governing Dismissal for Want of Prosecution and Rule 60(b) Relief Introduction In Terri Griffiths v. Lorin Eggemeyer, 23-3253 & 24-1098 (7th Cir. May 29, 2025), the Seventh Circuit...
United States v. Ruston: Permissibility of Supervised-Release Search Conditions under §3583(d)

United States v. Ruston: Permissibility of Supervised-Release Search Conditions under §3583(d)

Date: May 30, 2025
United States v. Ruston: Permissibility of Supervised-Release Search Conditions under §3583(d) Introduction United States v. Ruston is a 2025 decision of the Tenth Circuit Court of Appeals that...
Reasonable Jurists Standard: Constructive Possession and Firearm Operability in §2254 Habeas Review

Reasonable Jurists Standard: Constructive Possession and Firearm Operability in §2254 Habeas Review

Date: May 30, 2025
Reasonable Jurists Standard: Constructive Possession and Firearm Operability in §2254 Habeas Review Introduction Jenkins v. Bridges is a decision of the United States Court of Appeals for the Tenth...
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