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federal Case Commentaries

Knowledge of Unspecified Unlawful Activity Sufficient for Money Laundering Under 18 U.S.C. § 1956(a)(1)(B)(i)

Knowledge of Unspecified Unlawful Activity Sufficient for Money Laundering Under 18 U.S.C. § 1956(a)(1)(B)(i)

Date: May 14, 2025
Knowledge of Unspecified Unlawful Activity Sufficient for Money Laundering Under 18 U.S.C. § 1956(a)(1)(B)(i) Introduction United States v. Arturs Spila, No. 23-13913 (11th Cir. May 13, 2025),...
Requiring Specificity in State Obscenity Laws: Invalidating Florida’s Age-Variable “I Know It When I See It” Statute

Requiring Specificity in State Obscenity Laws: Invalidating Florida’s Age-Variable “I Know It When I See It” Statute

Date: May 14, 2025
Requiring Specificity in State Obscenity Laws: Invalidating Florida’s Age-Variable “I Know It When I See It” Statute 1. Introduction In HM Florida-ORL, LLC v. Secretary of the Florida Department of...
Foreseeability Requirement for Firearm Enhancements under U.S.S.G. §2L1.1(b)(5)(C): United States v. Torrijos-Ruiz

Foreseeability Requirement for Firearm Enhancements under U.S.S.G. §2L1.1(b)(5)(C): United States v. Torrijos-Ruiz

Date: May 14, 2025
Foreseeability Requirement for Firearm Enhancements under U.S.S.G. §2L1.1(b)(5)(C): United States v. Torrijos-Ruiz Introduction In United States v. Torrijos-Ruiz, 5th Cir. No. 24-50495 (May 13,...
Statutory Mootness Under § 363(m) and the Finality of Bankruptcy Plan Sales with Non-Consensual Third-Party Releases

Statutory Mootness Under § 363(m) and the Finality of Bankruptcy Plan Sales with Non-Consensual Third-Party Releases

Date: May 14, 2025
Statutory Mootness Under § 363(m) and the Finality of Bankruptcy Plan Sales with Non-Consensual Third-Party Releases Introduction In In re Boy Scouts of America and Delaware BSA, LLC, the Third...
Statutory Appeal Limitations and Third-Party Releases in Chapter 11: §363(m) vs. Harrington

Statutory Appeal Limitations and Third-Party Releases in Chapter 11: §363(m) vs. Harrington

Date: May 14, 2025
Statutory Appeal Limitations and Third-Party Releases in Chapter 11: §363(m) vs. Harrington Introduction In May 2025, a divided Third Circuit panel resolved a complex Chapter 11 dispute arising from...
Statutory Finality of § 363(b) Sales and Insulation of Non-Consensual Third-Party Releases in Chapter 11 Plans

Statutory Finality of § 363(b) Sales and Insulation of Non-Consensual Third-Party Releases in Chapter 11 Plans

Date: May 14, 2025
Statutory Finality of § 363(b) Sales and Insulation of Non-Consensual Third-Party Releases in Chapter 11 Plans Introduction These consolidated appeals arise from the Boy Scouts of America’s (BSA)...
Age-Sensitive Evaluation and Minimal Articulation in Child SSI: Seventh Circuit Holds That Preschool Toileting Accidents and Part-Time Skills-Coach Support Do Not Automatically Establish “Marked” Limitations

Age-Sensitive Evaluation and Minimal Articulation in Child SSI: Seventh Circuit Holds That Preschool Toileting Accidents and Part-Time Skills-Coach Support Do Not Automatically Establish “Marked” Limitations

Date: May 14, 2025
Age-Sensitive Evaluation and Minimal Articulation in Child SSI: Seventh Circuit Holds That Preschool Toileting Accidents and Part-Time Skills-Coach Support Do Not Automatically Establish “Marked”...
Sentencing Guidelines §3B1.2 Universe Principle: Full Participant Scope in Mitigating Role Adjustments

Sentencing Guidelines §3B1.2 Universe Principle: Full Participant Scope in Mitigating Role Adjustments

Date: May 13, 2025
Sentencing Guidelines §3B1.2 Universe Principle: Full Participant Scope in Mitigating Role Adjustments Introduction The First Circuit’s decision in United States v. Flores‐Álvarez (No. 23-1163, May...
Reasonable Incremental Punishment for Independent Federal Offenses Under U.S.S.G. § 5G1.3(d): United States v. Richardson

Reasonable Incremental Punishment for Independent Federal Offenses Under U.S.S.G. § 5G1.3(d): United States v. Richardson

Date: May 13, 2025
Reasonable Incremental Punishment for Independent Federal Offenses Under U.S.S.G. § 5G1.3(d): United States v. Richardson Introduction United States v. Richardson (10th Cir. 2025) addresses the...
Clarifying Coercion and Remedies under the NLRA: Confidentiality Instructions, Threats, and Unfair-Labor-Practice Strikes

Clarifying Coercion and Remedies under the NLRA: Confidentiality Instructions, Threats, and Unfair-Labor-Practice Strikes

Date: May 13, 2025
Clarifying Coercion and Remedies under the NLRA: Confidentiality Instructions, Threats, and Unfair-Labor-Practice Strikes Introduction In NLRB v. 3484, Inc., Nos. 24-9511 & 24-9525 (10th Cir. May 12,...
Toxic‐Tort Causation: Admissibility of Expert Testimony Without Quantitative Dose in Ruffin v. BP

Toxic‐Tort Causation: Admissibility of Expert Testimony Without Quantitative Dose in Ruffin v. BP

Date: May 13, 2025
Toxic‐Tort Causation: Admissibility of Expert Testimony Without Quantitative Dose in Ruffin v. BP Introduction In Ruffin v. BP Exploration & Production, Inc. (5th Cir. 2025), Floyd Ruffin sued BP for...
Precise Pleading of EEOC Charges Under the ADEA: Timing and Substance

Precise Pleading of EEOC Charges Under the ADEA: Timing and Substance

Date: May 13, 2025
Precise Pleading of EEOC Charges Under the ADEA: Timing and Substance Introduction This commentary examines the Third Circuit’s decision in Glenda Dianne Brooks v. Harrisburg Area Community College,...
RFRA’s “Appropriate Relief” Does Not Waive Federal Sovereign Immunity for Retrospective Monetary Relief: Sixth Circuit Treats Missed Reserve Drill Pay and Retirement Points as Legal Damages

RFRA’s “Appropriate Relief” Does Not Waive Federal Sovereign Immunity for Retrospective Monetary Relief: Sixth Circuit Treats Missed Reserve Drill Pay and Retirement Points as Legal Damages

Date: May 13, 2025
RFRA’s “Appropriate Relief” Does Not Waive Federal Sovereign Immunity for Retrospective Monetary Relief: Sixth Circuit Treats Missed Reserve Drill Pay and Retirement Points as Legal Damages...
“Objective Evidence and Rational Choice” – The Eleventh Circuit’s Refined Prejudice Standard in Ineffective-Assistance Claims (Todd Simmerman v. United States)

“Objective Evidence and Rational Choice” – The Eleventh Circuit’s Refined Prejudice Standard in Ineffective-Assistance Claims (Todd Simmerman v. United States)

Date: May 13, 2025
“Objective Evidence and Rational Choice” – The Eleventh Circuit’s Refined Prejudice Standard in Ineffective-Assistance Claims Introduction Todd Simmerman v. United States, decided by the Court of...
Extrinsic Evidence Mandate for Ambiguous Severance Provisions: First Circuit Decision in Dahua Technology USA, Inc. v. Zhang

Extrinsic Evidence Mandate for Ambiguous Severance Provisions: First Circuit Decision in Dahua Technology USA, Inc. v. Zhang

Date: May 13, 2025
Extrinsic Evidence Mandate for Ambiguous Severance Provisions: First Circuit Decision in Dahua Technology USA, Inc. v. Zhang Introduction This commentary reviews the Court of Appeals for the First...
Section 2255(f)(3) and the Second Amendment: Bruen and Rahimi’s Non-Retroactivity to Pre-Existing Felon-Gun Convictions

Section 2255(f)(3) and the Second Amendment: Bruen and Rahimi’s Non-Retroactivity to Pre-Existing Felon-Gun Convictions

Date: May 13, 2025
Section 2255(f)(3) and the Second Amendment: Bruen and Rahimi’s Non-Retroactivity to Pre-Existing Felon-Gun Convictions Introduction This commentary examines the United States Court of Appeals for...
Requirement of Intended Third-Party Reliance in Fraud Claims: Daughtry v. Silver Fern Chemical

Requirement of Intended Third-Party Reliance in Fraud Claims: Daughtry v. Silver Fern Chemical

Date: May 13, 2025
Requirement of Intended Third-Party Reliance in Fraud Claims: Daughtry v. Silver Fern Chemical Introduction Daughtry v. Silver Fern Chemical, decided by the United States Court of Appeals for the...
Qualified Immunity for Non-Final Decision-Makers in First Amendment Retaliation: Atkins v. Hopkins

Qualified Immunity for Non-Final Decision-Makers in First Amendment Retaliation: Atkins v. Hopkins

Date: May 13, 2025
Qualified Immunity for Non-Final Decision-Makers in First Amendment Retaliation: Atkins v. Hopkins Introduction The Fifth Circuit’s decision in Atkins v. Hopkins (No. 24-60058, May 12, 2025)...
No §107 Declaratory Relief After a Prior Liability Judgment: Sixth Circuit Cabins §113(g)(2) to “Initial” §107 Actions and Reaffirms §107/§113(f) Mutual Exclusivity

No §107 Declaratory Relief After a Prior Liability Judgment: Sixth Circuit Cabins §113(g)(2) to “Initial” §107 Actions and Reaffirms §107/§113(f) Mutual Exclusivity

Date: May 13, 2025
No §107 Declaratory Relief After a Prior Liability Judgment: Sixth Circuit Cabins §113(g)(2) to “Initial” §107 Actions and Reaffirms §107/§113(f) Mutual Exclusivity Georgia-Pacific Consumer Prods. LP...
No § 107 Declaratory Judgment After a Prior Liability Judgment: Sixth Circuit Limits CERCLA § 113(g)(2) to Initial Cost-Recovery Actions

No § 107 Declaratory Judgment After a Prior Liability Judgment: Sixth Circuit Limits CERCLA § 113(g)(2) to Initial Cost-Recovery Actions

Date: May 13, 2025
No § 107 Declaratory Judgment After a Prior Liability Judgment: Sixth Circuit Limits CERCLA § 113(g)(2) to Initial Cost-Recovery Actions Introduction In Georgia-Pacific Consumer Products LP v. NCR...
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