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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...
Federal Credit-Card Statutes Do Not Preempt State Bans on Cash-Discount Pricing Introduction In Asociación de Detallistas de Gasolina de Puerto Rico, Inc. v. Commonwealth of Puerto Rico (1st Cir. May...
FINRA Arbitration Authority: Awarding Damages under Notice 10-39 and Attorneys’ Fees in Defamation Cases Introduction In Key Investment Services LLC v. Oliver, 23-7326 (2d Cir. 2025), the Second...
Affirming Disarmament of Domestic Violence Misdemeanants: Constitutional Validity of 18 U.S.C. § 922(g)(9) Introduction The Tenth Circuit’s decision in United States v. Jackson (No. 23-6047, 2025)...
Qualified Immunity for Lethal Force on Reasonably Perceived Armed Threat Introduction Cruz v. City of Deming is a 2025 decision of the United States Court of Appeals for the Tenth Circuit addressing...
Pro Se Representation Limits and Pleading Standards in §1983 and Federal Anti-Discrimination Actions Introduction Wells v. East Baton Rouge School System, decided May 28, 2025 by the United States...
Unreviewable Discretion of the NLRB General Counsel to Withdraw Complaints Pre-Hearing Introduction United Natural Foods, Inc. (“UNFI”) brought charges under the National Labor Relations Act (NLRA)...
Originating Creditors as FDCPA Exempt Entities: Defining “Debt Collector” Under 15 U.S.C. § 1692a(6) Introduction Bradley James Albert, a pro se plaintiff, brought suit in the Northern District of...
Establishing Sentencing Causation and Justifying Upward Variances When a Victim’s Death Is Deemed Contributory 1. Introduction The First Circuit’s decision in United States v. Rosario-Ramos (No....
Limits on Title VII Remedies and ADEA Eligibility for Retired Annuitants in Federal Employment: Laber v. Hegseth Introduction Laber v. Hegseth, No. 23-3157 (10th Cir. May 28, 2025), arises from a pro...
Clarifying Fourth Amendment Seizures and the Bounds of Permissible Prolongation of Stops: United States v. Joseph Introduction United States v. Samuel Pierre Joseph (4th Cir. 2025) addresses two...
Arbitrary Detention, Arguable Probable Cause, and De Minimis Force: The Eleventh Circuit’s Rule in Daniels v. Blakley Introduction In Terrell Daniels, Jr. v. Kadarius Blakley (11th Cir. May 28,...
FCRA Furnisher Duty Defined: Reasonable Investigations Need Not Guarantee Consumer-Favorable Outcomes 1. Introduction Suluki v. Credit One Bank, NA, 23-721-cv (2d Cir. May 28, 2025), examines the...
Anderson v. Divris: Successive Habeas Petitions and Ineffective-Assistance Claims Against Prior Counsel Introduction This case arises on Bruce Anderson’s federal habeas challenge to his Massachusetts...
Bump-Up Exclusion Bars Indemnity for Shareholder Settlements in Merger Transactions 1. Introduction In Towers Watson & Co. v. National Union Fire Insurance Co. of Pittsburgh, Pa. (4th Cir. 2025), the...
Deference to ALJ Findings in Longshore Act Claims: Substantial Evidence and APA Compliance Introduction J. Larry Willis v. Director, Office of Workers’ Compensation Programs, U.S. Department of...
Remand Pursuant to Settlement Does Not Confer Prevailing-Party Status Under EAJA Introduction Avdeeva v. Tucker (1st Cir. 2025) addresses whether a plaintiff who brings a § 1447(b) action for failure...
Tacit Conspiratorial Agreements in Sex Trafficking of Minors: Upholding Sufficiency of Circumstantial Evidence Introduction United States v. Pires is a landmark First Circuit decision reinforcing the...
Fourth Circuit Clarifies Vehicle Protective Searches and Bounds on Traffic-Stop Extensions Introduction United States v. Joseph Dadisman is a 2025 decision of the Fourth Circuit that refines two...
Addressing Statutory Safety Valve Relief as a Principal Mitigating Argument Introduction United States v. Kevin Hodge (7th Cir. 2025) clarifies a sentencing court’s obligation to engage with a...