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  • Commentaries
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federal Case Commentaries

Qualified Immunity Does Not Shield Gratuitous Force Once a Suspect Is Subdued: Ceinski v. Jones

Qualified Immunity Does Not Shield Gratuitous Force Once a Suspect Is Subdued: Ceinski v. Jones

Date: May 9, 2025
Qualified Immunity Does Not Shield Gratuitous Force Once a Suspect Is Subdued: Ceinski v. Jones Introduction Jeremy Jones v. David Ceinski, Jr. is a pivotal Eleventh Circuit decision clarifying when...
Mandating the Jones Balancing Test Under Rule 32.1(b)(2)(C) in Supervised Release Revocation Hearings

Mandating the Jones Balancing Test Under Rule 32.1(b)(2)(C) in Supervised Release Revocation Hearings

Date: May 9, 2025
Mandating the Jones Balancing Test Under Rule 32.1(b)(2)(C) in Supervised Release Revocation Hearings Introduction This commentary examines the Tenth Circuit’s decision in United States v. Martinez,...
Establishing Internet-Use Controls in Supervised Release: Prior Authorization & Monitoring-Software Conditions Upheld in United States v. Kornacki

Establishing Internet-Use Controls in Supervised Release: Prior Authorization & Monitoring-Software Conditions Upheld in United States v. Kornacki

Date: May 9, 2025
Establishing Internet-Use Controls in Supervised Release: Prior Authorization & Monitoring-Software Conditions Upheld in United States v. Kornacki Introduction United States v. Kornacki, decided May...
Standards for Prior-Authorization and Monitoring-Software Conditions on Internet-Capable Devices in Supervised Release

Standards for Prior-Authorization and Monitoring-Software Conditions on Internet-Capable Devices in Supervised Release

Date: May 9, 2025
Standards for Prior-Authorization and Monitoring-Software Conditions on Internet-Capable Devices in Supervised Release 1. Introduction This commentary examines the Tenth Circuit’s decision in United...
Enforcing Tailored Internet Restrictions in Supervised Release: United States v. Kornacki (10th Cir. 2025)

Enforcing Tailored Internet Restrictions in Supervised Release: United States v. Kornacki (10th Cir. 2025)

Date: May 9, 2025
Enforcing Tailored Internet Restrictions in Supervised Release: United States v. Kornacki (10th Cir. 2025) Introduction United States v. Kornacki, decided May 8, 2025 by the Tenth Circuit, addresses...
Categorical Validation of Tennessee Aggravated Assault as a Crime of Violence under U.S.S.G. §4B1.2

Categorical Validation of Tennessee Aggravated Assault as a Crime of Violence under U.S.S.G. §4B1.2

Date: May 9, 2025
Categorical Validation of Tennessee Aggravated Assault as a Crime of Violence under U.S.S.G. §4B1.2 Introduction In United States v. Russell, 24-50075 (5th Cir. May 8, 2025), the Fifth Circuit...
Execution Sales vs. Judicial Sales: Clarifying Rule 69(a) and 28 U.S.C. § 2001 in Federal Mortgage Foreclosure

Execution Sales vs. Judicial Sales: Clarifying Rule 69(a) and 28 U.S.C. § 2001 in Federal Mortgage Foreclosure

Date: May 9, 2025
Execution Sales vs. Judicial Sales: Clarifying Rule 69(a) and 28 U.S.C. § 2001 in Federal Mortgage Foreclosure 1. Introduction United States Bank N.A., as Trustee for holders of a commercial mortgage...
No Clairvoyance Required in Plea Advice: Sixth Circuit Clarifies Counsel’s Duties and AEDPA Deference in Plea-Bargaining Ineffectiveness Claims

No Clairvoyance Required in Plea Advice: Sixth Circuit Clarifies Counsel’s Duties and AEDPA Deference in Plea-Bargaining Ineffectiveness Claims

Date: May 9, 2025
No Clairvoyance Required in Plea Advice: Sixth Circuit Clarifies Counsel’s Duties and AEDPA Deference in Plea-Bargaining Ineffectiveness Claims Introduction In an amended opinion not recommended for...
Capacity, Not Claim Facts: Sixth Circuit Holds ERISA § 502(a)(3) Cannot Block a State’s Saved Insurance Enforcement When the Regulator Proceeds Against an Insurer

Capacity, Not Claim Facts: Sixth Circuit Holds ERISA § 502(a)(3) Cannot Block a State’s Saved Insurance Enforcement When the Regulator Proceeds Against an Insurer

Date: May 9, 2025
Capacity, Not Claim Facts: Sixth Circuit Holds ERISA § 502(a)(3) Cannot Block a State’s Saved Insurance Enforcement When the Regulator Proceeds Against an Insurer Case: BlueCross BlueShield of...
United States v. Bustamante: Strengthening the Rule-11 Factual Basis Standard and Re-affirming the Breadth of Sentence-Appeal Waivers

United States v. Bustamante: Strengthening the Rule-11 Factual Basis Standard and Re-affirming the Breadth of Sentence-Appeal Waivers

Date: May 9, 2025
United States v. Bustamante: Strengthening the Rule-11 Factual Basis Standard and Re-affirming the Breadth of Sentence-Appeal Waivers Introduction In United States v. Mark Anthony Rogue Bustamante,...

        “Epilepsy and Anonymity in Federal Litigation” – The Eleventh Circuit Clarifies When Medical Conditions Warrant Pseudonym Status (Tessa G. v. HHS, 2025)

“Epilepsy and Anonymity in Federal Litigation” – The Eleventh Circuit Clarifies When Medical Conditions Warrant Pseudonym Status (Tessa G. v. HHS, 2025)

Date: May 9, 2025
“Epilepsy and Anonymity in Federal Litigation” – The Eleventh Circuit Clarifies When Medical Conditions Warrant Pseudonym Status 1. Introduction In Tessa G. v. Secretary of Health and Human Services,...
The Fact-Bound Limit on Interlocutory Immunity Appeals: Commentary on McKee v. Montiel (11th Cir. 2025)

The Fact-Bound Limit on Interlocutory Immunity Appeals: Commentary on McKee v. Montiel (11th Cir. 2025)

Date: May 9, 2025
The Fact-Bound Limit on Interlocutory Immunity Appeals: A Comprehensive Commentary on McKee v. Montiel, 24-11828 (11th Cir. 2025) 1. Introduction In Michelin D. McKee v. James Montiel, the United...
Reaffirming Younger Abstention in Domestic-Relations–Related § 1983 Actions: Commentary on Morancy v. Salomon (11th Cir. 2025)

Reaffirming Younger Abstention in Domestic-Relations–Related § 1983 Actions: Commentary on Morancy v. Salomon (11th Cir. 2025)

Date: May 9, 2025
Reaffirming Younger Abstention in Domestic-Relations–Related § 1983 Actions: Commentary on Morancy v. Salomon (11th Cir. 2025) Introduction Case Name: Jean Dominique Morancy v. Sabrina Alex Salomon...
Distinguishing Religious Belief and Practice Claims under Title VII: Carter v. Southwest Airlines

Distinguishing Religious Belief and Practice Claims under Title VII: Carter v. Southwest Airlines

Date: May 9, 2025
Distinguishing Religious Belief and Practice Claims under Title VII: Carter v. Southwest Airlines 1. Introduction In Charlene Carter v. Southwest Airlines Company, 5th Cir. No. 23-10008 (May 8,...
Distinct Treatment of Religious Belief and Religious Practice Under Title VII

Distinct Treatment of Religious Belief and Religious Practice Under Title VII

Date: May 9, 2025
Distinct Treatment of Religious Belief and Religious Practice Under Title VII Introduction This case arises from the 2025 decision of the United States Court of Appeals for the Fifth Circuit in...
Carter v. Local 556: Clarifying Religious Belief vs. Practice under Title VII and the Scope of RLA Remedies

Carter v. Local 556: Clarifying Religious Belief vs. Practice under Title VII and the Scope of RLA Remedies

Date: May 9, 2025
Carter v. Local 556: Clarifying Religious Belief vs. Practice under Title VII and the Scope of RLA Remedies Introduction In Carter v. Local 556, 5th Cir. No. 23-10008 (May 8, 2025), flight attendant...
No Automatic Remand for Post-Williams Dangerousness Challenges under § 922(g)(1): Sixth Circuit Affirms As-Applied Disarmament Based on Uncontested Record

No Automatic Remand for Post-Williams Dangerousness Challenges under § 922(g)(1): Sixth Circuit Affirms As-Applied Disarmament Based on Uncontested Record

Date: May 9, 2025
No Automatic Remand for Post-Williams Dangerousness Challenges under § 922(g)(1): Sixth Circuit Affirms As-Applied Disarmament Based on Uncontested Record Court: United States Court of Appeals for...
Sixth Circuit Endorses Provider-Specific Sex-Offender “Treatment-as-Monitoring,” Biannual Polygraphs, and Cost Sharing Without a Second Hearing under § 3583: United States v. Pate

Sixth Circuit Endorses Provider-Specific Sex-Offender “Treatment-as-Monitoring,” Biannual Polygraphs, and Cost Sharing Without a Second Hearing under § 3583: United States v. Pate

Date: May 9, 2025
Sixth Circuit Endorses Provider-Specific Sex-Offender “Treatment-as-Monitoring,” Biannual Polygraphs, and Cost Sharing Without a Second Hearing under § 3583: United States v. Pate Introduction In...
United States v. Kristich: Affirmation of the Three-Step Compassionate Release Framework and Appellate Waiver Principles

United States v. Kristich: Affirmation of the Three-Step Compassionate Release Framework and Appellate Waiver Principles

Date: May 9, 2025
United States v. Kristich: Affirmation of the Three-Step Compassionate Release Framework and Appellate Waiver Principles Introduction United States v. Kristich, decided May 8, 2025, by the Tenth...
Ensuring Personal Jurisdiction and Deliberate Indifference Standards in §1983 Actions: Guébara v. Bascue

Ensuring Personal Jurisdiction and Deliberate Indifference Standards in §1983 Actions: Guébara v. Bascue

Date: May 9, 2025
Ensuring Personal Jurisdiction and Deliberate Indifference Standards in §1983 Actions: Guébara v. Bascue Introduction Guebara v. Bascue is a 2025 decision of the United States Court of Appeals for...
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