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  • Commentaries
  • Judgments

federal Case Commentaries

“Miss the Clock, Lose the Power” – Fourth Circuit Affirms Automatic Approval of Wireless-Tower Applications When Virginia Localities Exceed the 150-Day Statutory Deadline

“Miss the Clock, Lose the Power” – Fourth Circuit Affirms Automatic Approval of Wireless-Tower Applications When Virginia Localities Exceed the 150-Day Statutory Deadline

Date: Aug 18, 2025
“Miss the Clock, Lose the Power” – Fourth Circuit Affirms Automatic Approval of Wireless-Tower Applications When Virginia Localities Exceed the 150-Day Statutory Deadline Introduction Tillman...
Constructive Possession through “Tools-of-the-Trade” & the Nexus Test under § 924(c): Commentary on United States v. Carlisa Allen (4th Cir. 2025)

Constructive Possession through “Tools-of-the-Trade” & the Nexus Test under § 924(c): Commentary on United States v. Carlisa Allen (4th Cir. 2025)

Date: Aug 18, 2025
Constructive Possession through “Tools-of-the-Trade” & the Nexus Test under § 924(c): Commentary on United States v. Carlisa Allen, No. 24-4169 (4th Cir. Aug. 13 2025) 1. Introduction In United...

    Incomplete Discovery and Post-Plea Misconduct: The Fourth Circuit’s
    Materiality Standard for Rule 11(d)(2)(B) Withdrawals and Flexibility
    in § 3E1.1 Acceptance-of-Responsibility Credits

Incomplete Discovery and Post-Plea Misconduct: The Fourth Circuit’s Materiality Standard for Rule 11(d)(2)(B) Withdrawals and Flexibility in § 3E1.1 Acceptance-of-Responsibility Credits

Date: Aug 18, 2025
Incomplete Discovery and Post-Plea Misconduct: The Fourth Circuit’s Materiality Standard for Rule 11(d)(2)(B) Withdrawals and Flexibility in § 3E1.1 Acceptance-of-Responsibility Credits Introduction...
Immaterial Discovery Errors and Post-Plea Conduct: The Milam Standard for Guilty-Plea Withdrawal and Acceptance-of-Responsibility Credits

Immaterial Discovery Errors and Post-Plea Conduct: The Milam Standard for Guilty-Plea Withdrawal and Acceptance-of-Responsibility Credits

Date: Aug 18, 2025
Immaterial Discovery Errors and Post-Plea Conduct: The Milam Standard for Guilty-Plea Withdrawal and Acceptance-of-Responsibility Credits Introduction United States v. David Milam, Nos. 23-4527/28/29...
The Milam Materiality Doctrine: Non-Prejudicial Discovery Errors Cannot Justify Withdrawal of a Guilty Plea

The Milam Materiality Doctrine: Non-Prejudicial Discovery Errors Cannot Justify Withdrawal of a Guilty Plea

Date: Aug 18, 2025
The Milam Materiality Doctrine: Non-Prejudicial Discovery Errors Cannot Justify Withdrawal of a Guilty Plea Introduction United States v. David Milam, Nos. 23-4527/28/29 (4th Cir. 2025), presented...
United States v. Myrick: When a Hearing Does NOT End Speedy-Trial Tolling under § 3161(h)(1)(D)–(H)

United States v. Myrick: When a Hearing Does NOT End Speedy-Trial Tolling under § 3161(h)(1)(D)–(H)

Date: Aug 18, 2025
United States v. Myrick: When a Hearing Does NOT End Speedy-Trial Tolling under § 3161(h)(1)(D)–(H) Introduction United States v. Melvin Leon Myrick, No. 23-4768 (4th Cir. Aug. 13, 2025), offers the...
Beyond the Mis-Instruction: Eleventh Circuit Clarifies that Erroneous “Unlawful-Activity” Stand-Your-Ground Charge Does Not, Without More, Establish Strickland Prejudice

Beyond the Mis-Instruction: Eleventh Circuit Clarifies that Erroneous “Unlawful-Activity” Stand-Your-Ground Charge Does Not, Without More, Establish Strickland Prejudice

Date: Aug 18, 2025
Beyond the Mis-Instruction: Eleventh Circuit Clarifies that Erroneous “Unlawful-Activity” Stand-Your-Ground Charge Does Not, Without More, Establish Strickland Prejudice Introduction Larry Felton...

        Villarino II and the CAFA Threshold: Eleventh Circuit Requires Determination of Amount-in-Controversy Before Merits Dismissal

Villarino II and the CAFA Threshold: Eleventh Circuit Requires Determination of Amount-in-Controversy Before Merits Dismissal

Date: Aug 18, 2025
Villarino II and the CAFA Threshold: Eleventh Circuit Requires Determination of Amount-in-Controversy Before Merits Dismissal 1. Introduction In Shane Villarino v. Kenneth Joekel, No. 24-11124 (11th...
United States v. Wilks (11th Cir. 2025): Narrowing “Fair-and-Just” Plea Withdrawals and Re-affirming Wide Latitude for Upward Variances

United States v. Wilks (11th Cir. 2025): Narrowing “Fair-and-Just” Plea Withdrawals and Re-affirming Wide Latitude for Upward Variances

Date: Aug 18, 2025
United States v. Wilks (11th Cir. 2025): Narrowing “Fair-and-Just” Plea Withdrawals and Re-affirming Wide Latitude for Upward Variances Introduction United States v. Javonne Wilks, decided on 13...
Eleventh Circuit Clarifies Predicate-Offense Scope: Alabama “Sexual Misconduct” Convictions Qualify as “Relating to Sexual Abuse” for Federal Child-Pornography Enhancements

Eleventh Circuit Clarifies Predicate-Offense Scope: Alabama “Sexual Misconduct” Convictions Qualify as “Relating to Sexual Abuse” for Federal Child-Pornography Enhancements

Date: Aug 18, 2025
Eleventh Circuit Clarifies Predicate-Offense Scope: Alabama “Sexual Misconduct” Convictions Qualify as “Relating to Sexual Abuse” for Federal Child-Pornography Enhancements Introduction United States...
Clarifying the Boundary Between Medical Screening and Strip Search: Sanchez v. Binghamton CSD (2d Cir. 2025)

Clarifying the Boundary Between Medical Screening and Strip Search: Sanchez v. Binghamton CSD (2d Cir. 2025)

Date: Aug 16, 2025
Clarifying the Boundary Between Medical Screening and Strip Search: Sanchez v. Binghamton City School District 1. Introduction Sanchez v. Binghamton City School District, No. 24-2125-cv, decided by...
“Public Reprimand as a Stand-Alone Sanction for Lapsed or Non-Member Counsel” — Commentary on In Re Cruikshank, 22-90079 (2d Cir. Aug. 13, 2025)

“Public Reprimand as a Stand-Alone Sanction for Lapsed or Non-Member Counsel” — Commentary on In Re Cruikshank, 22-90079 (2d Cir. Aug. 13, 2025)

Date: Aug 15, 2025
“Public Reprimand as a Stand-Alone Sanction for Lapsed or Non-Member Counsel” Commentary on In Re Cruikshank, 22-90079 (2d Cir. Aug. 13, 2025) 1. Introduction In In Re Cruikshank, the United States...
Clarifying “Cause” for Dismissal of Involuntary Bankruptcy Petitions and the Limits of Appellate Jurisdiction over § 303(i) Fee Awards

Clarifying “Cause” for Dismissal of Involuntary Bankruptcy Petitions and the Limits of Appellate Jurisdiction over § 303(i) Fee Awards

Date: Aug 15, 2025
Clarifying “Cause” for Dismissal of Involuntary Bankruptcy Petitions and the Limits of Appellate Jurisdiction over § 303(i) Fee Awards 1. Introduction In Re: Valuex Research, LLC concerns creditors...
Clarifying Prevailing-Party Status and Recognising Joint Trademark Ownership: A Commentary on Zioness Movement, Inc. v. The Lawfare Project, Inc.

Clarifying Prevailing-Party Status and Recognising Joint Trademark Ownership: A Commentary on Zioness Movement, Inc. v. The Lawfare Project, Inc.

Date: Aug 15, 2025
Clarifying Prevailing-Party Status and Recognising Joint Trademark Ownership: Commentary on Zioness Movement, Inc. v. The Lawfare Project, Inc. (2d Cir. 2025) Introduction The Second Circuit's...

        “No Legislative Short-Cut to Article III”:  The Second Circuit Rejects 
        “Congressionally-Authorized Representational Standing” and Clarifies 
        Mootness Procedure —  Commentary on A.H. v. N.Y. State Dep’t of Health

“No Legislative Short-Cut to Article III”: The Second Circuit Rejects “Congressionally-Authorized Representational Standing” and Clarifies Mootness Procedure — Commentary on A.H. v. N.Y. State Dep’t of Health

Date: Aug 15, 2025
“No Legislative Short-Cut to Article III”: The Second Circuit Rejects “Congressionally-Authorized Representational Standing” and Clarifies Mootness Procedure — Commentary on A.H. v. N.Y. State Dep’t...
“The Carew Principle” – No Per-Se Duty on Defence Counsel to Pursue a Batson Remedy

“The Carew Principle” – No Per-Se Duty on Defence Counsel to Pursue a Batson Remedy

Date: Aug 15, 2025
“The Carew Principle” No Per-Se Duty on Defence Counsel to Pursue a Batson Remedy – Court of Appeals for the Second Circuit, 2025 1. Introduction In Carew v. Morton, the United States Court of...
“A Single Straw Breaks the Camel’s Back” – Isaacs v. Zimmerman and the Second Circuit’s Zero-Tolerance Approach to Discovery-Order Breaches

“A Single Straw Breaks the Camel’s Back” – Isaacs v. Zimmerman and the Second Circuit’s Zero-Tolerance Approach to Discovery-Order Breaches

Date: Aug 15, 2025
“A Single Straw Breaks the Camel’s Back” – Isaacs v. Zimmerman and the Second Circuit’s Zero-Tolerance Approach to Discovery-Order Breaches Introduction Isaacs v. Zimmerman, No. 23-7492 (2d Cir. Aug....
“The Comma That Wasn’t”: Second Circuit Restores Full Scope of Personal-Injury Liability Insurance and Safe-Harbor Protection in N.Y. Ins. Law § 1113(a)(13) & § 1213(e)

“The Comma That Wasn’t”: Second Circuit Restores Full Scope of Personal-Injury Liability Insurance and Safe-Harbor Protection in N.Y. Ins. Law § 1113(a)(13) & § 1213(e)

Date: Aug 15, 2025
“The Comma That Wasn’t”: Second Circuit Restores Full Scope of Personal-Injury Liability Insurance and Safe-Harbor Protection in N.Y. Ins. Law § 1113(a)(13) & § 1213(e) 1. Introduction Liberty...
The Post-Chevron Quid-Pro-Quo Doctrine: Second Circuit Affirms IRS Power to Net State Tax Credits against § 170 Charitable Deductions

The Post-Chevron Quid-Pro-Quo Doctrine: Second Circuit Affirms IRS Power to Net State Tax Credits against § 170 Charitable Deductions

Date: Aug 15, 2025
The Post-Chevron Quid-Pro-Quo Doctrine: Second Circuit Affirms IRS Power to Net State Tax Credits against § 170 Charitable Deductions Introduction The consolidated appeal New Jersey v. Bessent;...
“Reinforcing Objectivity”: Eleventh Circuit Clarifies the “Substantial-Evidence” Standard for Aesthetic Denials under the Telecommunications Act

“Reinforcing Objectivity”: Eleventh Circuit Clarifies the “Substantial-Evidence” Standard for Aesthetic Denials under the Telecommunications Act

Date: Aug 15, 2025
“Reinforcing Objectivity”: Eleventh Circuit Clarifies the “Substantial-Evidence” Standard for Aesthetic Denials under the Telecommunications Act Introduction In Gulfstream Towers, LLC v. Brevard...
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