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  • Commentaries
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federal Case Commentaries

Reaffirming PLRA Exhaustion: Availability Period and Adequate Notice Requirements

Reaffirming PLRA Exhaustion: Availability Period and Adequate Notice Requirements

Date: May 20, 2025
Reaffirming PLRA Exhaustion: Availability Period and Adequate Notice Requirements Introduction The Seventh Circuit’s May 19, 2025 decision in Anthony Martin v. Zarak Thompson addresses the contours...
Judicial Reliance on Common Sense in Sentencing Upheld: United States v. Brenes-Colon

Judicial Reliance on Common Sense in Sentencing Upheld: United States v. Brenes-Colon

Date: May 20, 2025
Judicial Reliance on Common Sense in Sentencing Upheld: United States v. Brenes-Colon Introduction The Eleventh Circuit’s decision in United States v. Eric Brenes-Colon, __F.4th__, No. 24-10355 (11th...
Upholding Discretionary Downward Variances: Non-Transmission as Mitigating Factor in Child Exploitation Sentencing

Upholding Discretionary Downward Variances: Non-Transmission as Mitigating Factor in Child Exploitation Sentencing

Date: May 20, 2025
Upholding Discretionary Downward Variances: Non-Transmission as Mitigating Factor in Child Exploitation Sentencing Introduction United States v. Patrick Howard Brady is a Sixth Circuit decision...
Affirming Fourth Amendment Compliance: Technical Warrant Omissions, Probable-Cause Nexus, and Plain-View Seizures

Affirming Fourth Amendment Compliance: Technical Warrant Omissions, Probable-Cause Nexus, and Plain-View Seizures

Date: May 20, 2025
Affirming Fourth Amendment Compliance: Technical Warrant Omissions, Probable-Cause Nexus, and Plain-View Seizures Introduction In United States v. Malgum Whiteside, Jr., 6th Cir. No. 24-1173 (May 19,...
Affirmation of Felon Firearm Transfer Ban and Recognition of Firearm Acquisition as a Second Amendment Corollary

Affirmation of Felon Firearm Transfer Ban and Recognition of Firearm Acquisition as a Second Amendment Corollary

Date: May 20, 2025
Affirmation of Felon Firearm Transfer Ban and Recognition of Firearm Acquisition as a Second Amendment Corollary Introduction United States v. Freddie Knipp, Jr. is a Sixth Circuit decision...
Enforceable Contract Formation by Conduct amid Conflicting Forms: Sixth Circuit’s UCC 2-207 Clarification

Enforceable Contract Formation by Conduct amid Conflicting Forms: Sixth Circuit’s UCC 2-207 Clarification

Date: May 20, 2025
Enforceable Contract Formation by Conduct amid Conflicting Forms: Sixth Circuit’s UCC 2-207 Clarification Introduction In BorgWarner PDS Irapuato S. de R.L. de C.V. v. Parker Hannifin Corp., the...
Enforceability of Forum Selection Clauses via Forum Non Conveniens in the Second Circuit

Enforceability of Forum Selection Clauses via Forum Non Conveniens in the Second Circuit

Date: May 20, 2025
Enforceability of Forum Selection Clauses via Forum Non Conveniens in the Second Circuit Introduction This commentary examines the Second Circuit’s summary order in Meerovich v. Big Apple Institute,...
Authority-Limited Qualified Immunity in §1983 Gender Discrimination Claims

Authority-Limited Qualified Immunity in §1983 Gender Discrimination Claims

Date: May 20, 2025
Authority-Limited Qualified Immunity in §1983 Gender Discrimination Claims Introduction Brown v. Donat is a summary order issued by the United States Court of Appeals for the Second Circuit on May...
Extension of Puerto Rico’s Eleventh Amendment Immunity to the Financial Oversight and Management Board and Waiver Limits under TEPPRA

Extension of Puerto Rico’s Eleventh Amendment Immunity to the Financial Oversight and Management Board and Waiver Limits under TEPPRA

Date: May 20, 2025
Extension of Puerto Rico’s Eleventh Amendment Immunity to the Financial Oversight and Management Board and Waiver Limits under TEPPRA Introduction In Miya Water Projects Netherlands B.V. v. Financial...
Materiality and AEDPA Deference: Limits on Napue/Brady Claims and Post-Conviction DNA Testing in Widmer v. Okereke

Materiality and AEDPA Deference: Limits on Napue/Brady Claims and Post-Conviction DNA Testing in Widmer v. Okereke

Date: May 20, 2025
Materiality and AEDPA Deference: Limits on Napue/Brady Claims and Post-Conviction DNA Testing in Widmer v. Okereke Introduction The Sixth Circuit’s May 19, 2025 decision in Ryan K. Widmer v. Jossette...
Establishing Arguable Probable Cause on Victim Allegations: Qualified Immunity in Platsky v. N.Y. Police Dep’t

Establishing Arguable Probable Cause on Victim Allegations: Qualified Immunity in Platsky v. N.Y. Police Dep’t

Date: May 20, 2025
Establishing Arguable Probable Cause on Victim Allegations: Qualified Immunity in Platsky v. N.Y. Police Dep’t Introduction The case of Platsky v. New York Police Department (2d Cir. 2025) centers on...
Binding Effect of General Releases on Subsequent Federal §1983 Claims

Binding Effect of General Releases on Subsequent Federal §1983 Claims

Date: May 20, 2025
Binding Effect of General Releases on Subsequent Federal §1983 Claims Introduction Caraballo v. City of New York is a summary order issued on May 19, 2025 by the United States Court of Appeals for...
Waiver of Suppression-Related Appeals by Unconditional Guilty Pleas: United States v. Boykins

Waiver of Suppression-Related Appeals by Unconditional Guilty Pleas: United States v. Boykins

Date: May 20, 2025
Waiver of Suppression-Related Appeals by Unconditional Guilty Pleas: United States v. Boykins Introduction United States v. Boykins, 24‐6159 (10th Cir. May 19, 2025), addresses the consequences of an...
Denial of USCIS Adjustment of Status as an Unreviewable “Judgment” under 8 U.S.C. §1252(a)(2)(B)(i)

Denial of USCIS Adjustment of Status as an Unreviewable “Judgment” under 8 U.S.C. §1252(a)(2)(B)(i)

Date: May 20, 2025
Denial of USCIS Adjustment of Status as an Unreviewable “Judgment” under 8 U.S.C. §1252(a)(2)(B)(i) Introduction The Second Circuit’s decision in Xia v. Bondi clarifies that denials of...
Clarifying the Scope of Rooker–Feldman and Younger Abstention in Federal Review of Domestic Relations Cases

Clarifying the Scope of Rooker–Feldman and Younger Abstention in Federal Review of Domestic Relations Cases

Date: May 20, 2025
Clarifying the Scope of Rooker–Feldman and Younger Abstention in Federal Review of Domestic Relations Cases Introduction Covington v. Humphries, decided May 19, 2025 by the Tenth Circuit, is a...
Clarifying Pleading Standards for §1983, ADA, and FHA Claims Against Housing Authorities

Clarifying Pleading Standards for §1983, ADA, and FHA Claims Against Housing Authorities

Date: May 20, 2025
Clarifying Pleading Standards for §1983, ADA, and FHA Claims Against Housing Authorities Introduction Curtis K. Jackson, Sr. (“Jackson”), a qualified person with disabilities, sued the Chicago...
Clarifying the Scope of Plea Agreement Promises and Substantive Reasonableness of Sentences: United States v. Niselio Barros Garcia, Jr.

Clarifying the Scope of Plea Agreement Promises and Substantive Reasonableness of Sentences: United States v. Niselio Barros Garcia, Jr.

Date: May 20, 2025
Clarifying the Scope of Plea Agreement Promises and Substantive Reasonableness of Sentences: United States v. Niselio Barros Garcia, Jr. Introduction United States v. Niselio Barros Garcia, Jr. is a...
US v. Quarles: Reaffirming the No-Suspicion Forensic Border-Search Exception for Mobile Devices

US v. Quarles: Reaffirming the No-Suspicion Forensic Border-Search Exception for Mobile Devices

Date: May 20, 2025
US v. Quarles: Reaffirming the No-Suspicion Forensic Border-Search Exception for Mobile Devices Introduction United States v. David Alan Quarles (11th Cir. May 19, 2025) presented the Eleventh...
Adams v. Wyoming Department of Corrections: Establishing the Ake Threshold for Expert Assistance

Adams v. Wyoming Department of Corrections: Establishing the Ake Threshold for Expert Assistance

Date: May 20, 2025
Adams v. Wyoming Department of Corrections: Establishing the Ake Threshold for Expert Assistance Introduction In Adams v. Wyoming Department of Corrections, 10th Cir. No. 24-8039 (May 19, 2025), Jett...
Aggravated Identity Theft Must Be “At the Crux”: United States v. King

Aggravated Identity Theft Must Be “At the Crux”: United States v. King

Date: May 20, 2025
Aggravated Identity Theft Must Be “At the Crux”: United States v. King Introduction United States v. Eric King, decided by the Sixth Circuit on May 19, 2025, addressed the scope of the federal...
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