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Extension of §3C1.3 Enhancement to Offenses Committed While on Supervised Release Pending Proceedings Introduction United States v. Nellis (2d Cir. May 15, 2025) addresses whether the Sentencing...
Mutual Contractual Indemnification for First-Party Breach Claims Introduction Trade Links, LLC v. BI-QEM SA de CV, decided May 15, 2025 by the Second Circuit, addresses two central issues: (1) the...
District Court Discretion in Rule 41(b) Dismissals and Prevailing Defendants’ Appeal Rights Introduction Tacon v. Cromwell, 24-3138-cv (2d Cir. May 15, 2025) arose from a breach-of-guaranty action...
Warrior Met Coal Mining, LLC v. OWCP: Reaffirming the Fifteen-Year Presumption and the ALJ’s Evidentiary Primacy in Black Lung Claims 1. Introduction In Warrior Met Coal Mining, LLC v. Director,...
Reaffirming the Scope of the Tax Injunction Act and the Requirement of Without-Prejudice Dismissals Commentary on Vonn Capel v. Pasco County (11th Cir. 2025) 1. Introduction In Vonn Capel v. Pasco...
Odor of Marijuana From a Home, Attested by a Trained Officer, Is Sufficient to Trigger the Leon Good‑Faith Exception for a Residential Search Warrant Case: United States v. Adam Noble, Jr. (6th Cir....
Barnes v. Felix: No “Chronological Blinders” — Courts Must Consider the Entire Encounter in Fourth Amendment Excessive-Force Cases U.S. Supreme Court, May 15, 2025 (605 U.S. ___) Introduction In a...
Affirming the Historical Tradition of Disarming Felons: § 922(g)(1) and the Bruen Framework Introduction United States v. Brown, No. 24-60490 (5th Cir. May 14, 2025), addresses whether 18 U.S.C. §...
Exhaustion of FRA Certification Process as Prerequisite to ADA Qualification for Railroad Conductors Introduction Turner v. BNSF Railway (5th Cir. 2025) arises from Tracy Turner’s challenge under...
Identical‐Product‐Plus‐In‐State‐Injury: Expanding Specific Personal Jurisdiction Under Ford Introduction In Ethridge v. Samsung SDI Co. (5th Cir. 2025), a Texas resident sued Samsung SDI, a South...
Limits on Employer’s Neutral Reference Obligations and Post-Deadline Amendments in Resignation Agreement Litigation Introduction This commentary examines the Third Circuit’s decision in Keith Cauley...
Empirical Intended-Loss and Distinct-Harms Enhancements in International Crypto Laundering; MVRA Restitution Sustained Despite Late Filing — United States v. Mitan (6th Cir. 2025) Court: U.S. Court...
Independent Source Doctrine and Lascivious Exhibition Standards Clarified in United States v. Deritis 1. Introduction United States v. Vincent Deritis, No. 23-4150 (4th Cir. May 14, 2025), presents a...
Constitutionality of Permanent Firearm Prohibition for Domestic Violence Misdemeanants under the Second Amendment Introduction This commentary examines the Fourth Circuit’s decision in United States...
Scope of Discretionary Authority and Jurisdictional Limits in Qualified Immunity Interlocutory Appeals Introduction The Fourth Circuit’s unpublished per curiam decision in Katrina Reeves v. Howard...
Seventh Circuit Clarifies Limits on Employer Paid‑Leave Substitution Policies: Unpaid FMLA Leave Cannot Be Denied or Penalized for Accounting Errors Introduction In Dyamond Davis and Antionette Burns...
Empirical Intended-Loss Estimation, Distinct-Harm Enhancements, and MVRA Restitution Notice: Sixth Circuit Affirms in United States v. Mitan Introduction In United States v. Adrian Mitan (6th Cir....
“Occasional Superficial Interaction” Re-affirmed: Eleventh Circuit Clarifies Flexibility in RFC Hypotheticals and Step-Two Severity Commentary on Jason B. Risch v. Commissioner of the U.S. Social...
Causal Link Requirement for Standing in Immigration Stay Procedure Challenges Introduction The Fourth Circuit’s decision in Yeison Ortiz v. Kristi Noem establishes a clear principle: to challenge the...
Limiting SBA’s Discretion: Personal Guaranties from Non-Owner Spouses Introduction Oldham v. SBA is an appeal decided May 14, 2025, by the United States Court of Appeals for the Fifth Circuit....