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federal Case Commentaries

Criminal Penalties under 8 U.S.C. § 1253(a)(1) Apply Regardless of Admission Status

Criminal Penalties under 8 U.S.C. § 1253(a)(1) Apply Regardless of Admission Status

Date: May 22, 2025
Criminal Penalties under 8 U.S.C. § 1253(a)(1) Apply Regardless of Admission Status Introduction This case commentary examines the Eleventh Circuit’s decision in United States v. John Doe (No....
AAA Noncompliance Waives Arbitration Rights: Eleventh Circuit's Clarification of FAA §§3 and 4

AAA Noncompliance Waives Arbitration Rights: Eleventh Circuit's Clarification of FAA §§3 and 4

Date: May 22, 2025
AAA Noncompliance Waives Arbitration Rights: Eleventh Circuit's Clarification of FAA §§3 and 4 Introduction In the consolidated cases of Merritt Island Woodwerx, LLC and True Touch Services, LLC v....
Sixth Circuit Clarifies GPS-Based Vehicle Seizure and Intrinsic Evidence in Drug Conspiracy Prosecutions

Sixth Circuit Clarifies GPS-Based Vehicle Seizure and Intrinsic Evidence in Drug Conspiracy Prosecutions

Date: May 22, 2025
Sixth Circuit Clarifies GPS-Based Vehicle Seizure and Intrinsic Evidence in Drug Conspiracy Prosecutions Introduction In United States v. Christopher Simpson, Marquise Figures, & Antuan Wynn (6th...
Misappropriation of Intermediary Project Funds as Wire Fraud: Sixth Circuit’s New Rule on Payment Schemes

Misappropriation of Intermediary Project Funds as Wire Fraud: Sixth Circuit’s New Rule on Payment Schemes

Date: May 22, 2025
Misappropriation of Intermediary Project Funds as Wire Fraud: Sixth Circuit’s New Rule on Payment Schemes Introduction The Sixth Circuit’s decision in United States v. Arthur Fayne, 25a0259n.06 (6th...
Limitation on Role Enhancement Under U.S.S.G. §3B1.1(c): Buyer-Seller Relationship Insufficient

Limitation on Role Enhancement Under U.S.S.G. §3B1.1(c): Buyer-Seller Relationship Insufficient

Date: May 22, 2025
Limitation on Role Enhancement Under U.S.S.G. §3B1.1(c): Buyer-Seller Relationship Insufficient Introduction This commentary examines the Eleventh Circuit’s decision in United States v. Ivan Emilio...
Clarifying Government Advocacy Limits in Rule 11(c)(1)(C) Plea Agreements: United States v. Bustos

Clarifying Government Advocacy Limits in Rule 11(c)(1)(C) Plea Agreements: United States v. Bustos

Date: May 21, 2025
Clarifying Government Advocacy Limits in Rule 11(c)(1)(C) Plea Agreements: United States v. Bustos 1. Introduction United States v. Bustos (10th Cir. May 20, 2025) addresses the boundaries of...
Coram Nobis Relief for In-Custody Prisoners Challenging Restitution Orders

Coram Nobis Relief for In-Custody Prisoners Challenging Restitution Orders

Date: May 21, 2025
Coram Nobis Relief for In-Custody Prisoners Challenging Restitution Orders Introduction This commentary examines the Eleventh Circuit’s decision in Sonny Austin Ramdeo v. United States, Nos. 23-11699...
Settlement Enforcement Orders Do Not Constitute Final Decisions Under 28 U.S.C. §1291 Unless They Dispose of All Claims

Settlement Enforcement Orders Do Not Constitute Final Decisions Under 28 U.S.C. §1291 Unless They Dispose of All Claims

Date: May 21, 2025
Settlement Enforcement Orders Do Not Constitute Final Decisions Under 28 U.S.C. §1291 Unless They Dispose of All Claims Introduction The Eleventh Circuit’s decision in Tiana Hill v. Clayton County,...
Establishing Drug Quantity Through Anonymous Informants: Requirement of Reliability and Corroboration Post-United States v. Cripps

Establishing Drug Quantity Through Anonymous Informants: Requirement of Reliability and Corroboration Post-United States v. Cripps

Date: May 21, 2025
Establishing Drug Quantity Through Anonymous Informants: Requirement of Reliability and Corroboration Post-United States v. Cripps Introduction United States v. Cripps (10th Cir. May 20, 2025)...
FAA Part 16 Jurisdiction and Grant Assurance Limits on Property Acquisition and Reimbursement

FAA Part 16 Jurisdiction and Grant Assurance Limits on Property Acquisition and Reimbursement

Date: May 21, 2025
FAA Part 16 Jurisdiction and Grant Assurance Limits on Property Acquisition and Reimbursement Introduction Kunz v. FAA (10th Cir. 2025) addresses the scope of the Federal Aviation Administration’s...
Goncalves v. Bondi: Clerk‐Receipt Requirement for Timely Petitions for Review Under 8 U.S.C. § 1252(b)(1)

Goncalves v. Bondi: Clerk‐Receipt Requirement for Timely Petitions for Review Under 8 U.S.C. § 1252(b)(1)

Date: May 21, 2025
Goncalves v. Bondi: Clerk‐Receipt Requirement for Timely Petitions for Review Under 8 U.S.C. § 1252(b)(1) Introduction In Goncalves v. Bondi, 24-1511 (1st Cir. May 20, 2025), the First Circuit Court...
Accrual and Notice in Wage Disputes: Moore v. Pooches Establishes Limits on FLSA and FMWA Claims and Common Law Remedies

Accrual and Notice in Wage Disputes: Moore v. Pooches Establishes Limits on FLSA and FMWA Claims and Common Law Remedies

Date: May 21, 2025
Accrual and Notice in Wage Disputes: Moore v. Pooches Establishes Limits on FLSA and FMWA Claims and Common Law Remedies Introduction In Melanie Nicole Moore v. Pooches of Largo, Inc., the Eleventh...
Limiting Civil-Theft Remedies: Intent to Deprive Required under Florida Law

Limiting Civil-Theft Remedies: Intent to Deprive Required under Florida Law

Date: May 21, 2025
Limiting Civil-Theft Remedies: Intent to Deprive Required under Florida Law Introduction Alexander Bostic v. Matari Bodie arose from a multi‐layered investment scheme that began as a Ponzi enterprise...
Contractual Prerequisites and Assignment Requirements for Healthcare Providers’ ERISA Claims: Insights from Abira Medical Laboratories v. Cigna

Contractual Prerequisites and Assignment Requirements for Healthcare Providers’ ERISA Claims: Insights from Abira Medical Laboratories v. Cigna

Date: May 21, 2025
Contractual Prerequisites and Assignment Requirements for Healthcare Providers’ ERISA Claims: Insights from Abira Medical Laboratories v. Cigna Introduction In Abira Medical Laboratories, LLC v....
Defining Probable Cause, Reasonable Force, and Deliberate Indifference in Public Intoxication Arrests: Burke v. City of Oklahoma City

Defining Probable Cause, Reasonable Force, and Deliberate Indifference in Public Intoxication Arrests: Burke v. City of Oklahoma City

Date: May 21, 2025
Defining Probable Cause, Reasonable Force, and Deliberate Indifference in Public Intoxication Arrests: Burke v. City of Oklahoma City Introduction Burke v. City of Oklahoma City is a 2025 decision by...
Clarifying the Standard for Nonfrivolous Sentencing Guideline Objections in Anders Appeals

Clarifying the Standard for Nonfrivolous Sentencing Guideline Objections in Anders Appeals

Date: May 21, 2025
Clarifying the Standard for Nonfrivolous Sentencing Guideline Objections in Anders Appeals Introduction United States v. Jamie Sullivan, decided May 20 2025 by the Seventh Circuit, addresses the...
Strict Compliance with PLRA Exhaustion: No “Sue-First, Exhaust-Later” Rule

Strict Compliance with PLRA Exhaustion: No “Sue-First, Exhaust-Later” Rule

Date: May 21, 2025
Strict Compliance with PLRA Exhaustion: No “Sue-First, Exhaust-Later” Rule Introduction Bobby Tatum v. Russell Williams is a decision of the United States Court of Appeals for the Seventh Circuit...
Notice and Scienter Under Title III of the Helms-Burton Act: Reckless Disregard Standard and Bar-Date Enforcement

Notice and Scienter Under Title III of the Helms-Burton Act: Reckless Disregard Standard and Bar-Date Enforcement

Date: May 21, 2025
Notice and Scienter Under Title III of the Helms-Burton Act: Reckless Disregard Standard and Bar-Date Enforcement Introduction In Mario Del Valle v. Trivago GMBH, 11th Cir. No. 23-12966 (May 20,...
Lowering the Threshold: Libby v. Fecteau and the Supreme Court’s New Approach to Emergency Injunctions

Lowering the Threshold: Libby v. Fecteau and the Supreme Court’s New Approach to Emergency Injunctions

Date: May 21, 2025
Lowering the Threshold: Libby v. Fecteau and the Supreme Court’s New Approach to Emergency Injunctions 1. Introduction Parties: Representative Laurel D. Libby (and fellow applicants) versus Ryan M....
Limits of Appellate Jurisdiction over Settlement Enforcement: Non-Appealability of Orders Enforcing Class Action Releases

Limits of Appellate Jurisdiction over Settlement Enforcement: Non-Appealability of Orders Enforcing Class Action Releases

Date: May 21, 2025
Limits of Appellate Jurisdiction over Settlement Enforcement: Non-Appealability of Orders Enforcing Class Action Releases 1. Introduction In In re Credit Default Swaps Antitrust Litigation, 24-635-cv...
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