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  • Commentaries
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federal Case Commentaries

Employer Nonliability for Unforeseeable Third-Party Criminal Acts: Proximate Causation Limits in Gimenez v. McLane

Employer Nonliability for Unforeseeable Third-Party Criminal Acts: Proximate Causation Limits in Gimenez v. McLane

Date: May 6, 2025
Employer Nonliability for Unforeseeable Third-Party Criminal Acts: Proximate Causation Limits in Gimenez v. McLane Introduction Marilys Gimenez v. McLane Foodservice, Inc. is a decision from the...
United States v. Romeo: No Sixth Amendment Right to Counsel in Post-Judgment Substitute-Asset Forfeiture and CCPA Garnishment Exclusion for Lump-Sum Proceeds

United States v. Romeo: No Sixth Amendment Right to Counsel in Post-Judgment Substitute-Asset Forfeiture and CCPA Garnishment Exclusion for Lump-Sum Proceeds

Date: May 6, 2025
United States v. Romeo: No Sixth Amendment Right to Counsel in Post-Judgment Substitute-Asset Forfeiture and CCPA Garnishment Exclusion for Lump-Sum Proceeds Introduction United States v. Romeo,...
Objective Verifiability and Accuracy in FCRA Reporting: Garcia v. Synovus Bank

Objective Verifiability and Accuracy in FCRA Reporting: Garcia v. Synovus Bank

Date: May 6, 2025
Objective Verifiability and Accuracy in FCRA Reporting: Garcia v. Synovus Bank Introduction In Pablo Antonio Garcia v. Synovus Bank, the United States Court of Appeals for the Eleventh Circuit...
Clarifying FOIA Exemption 6: Public Interest Outweighs Privacy in Disclosing Non-Policy-Making Employees’ Identities

Clarifying FOIA Exemption 6: Public Interest Outweighs Privacy in Disclosing Non-Policy-Making Employees’ Identities

Date: May 6, 2025
Clarifying FOIA Exemption 6: Public Interest Outweighs Privacy in Disclosing Non-Policy-Making Employees’ Identities Introduction The Fifth Circuit’s decision in Texas Public Policy Foundation v....
Waiver of Tapia-Based Sentencing Claims Through Invited Error in United States v. Brown

Waiver of Tapia-Based Sentencing Claims Through Invited Error in United States v. Brown

Date: May 6, 2025
Waiver of Tapia-Based Sentencing Claims Through Invited Error in United States v. Allante R. Brown Introduction In United States v. Allante Ramone Brown, 6th Cir. No. 23-6029/6034 (May 5, 2025), the...
Damages Awards Are Not “Payments” Under Reinstatement Clauses: Comerica Bank v. Pratt

Damages Awards Are Not “Payments” Under Reinstatement Clauses: Comerica Bank v. Pratt

Date: May 6, 2025
Damages Awards Are Not “Payments” Under Reinstatement Clauses: Comerica Bank v. Pratt Introduction In Comerica Bank, Inc. v. Larry Pratt, 25a0228n.06 (6th Cir. May 5, 2025), the Sixth Circuit...
Expansion of AEDPA Tolling: Fla. R. App. P. 9.141(d) Petitions as “Properly Filed”

Expansion of AEDPA Tolling: Fla. R. App. P. 9.141(d) Petitions as “Properly Filed”

Date: May 3, 2025
Expansion of AEDPA Tolling: Fla. R. App. P. 9.141(d) Petitions as “Properly Filed” Introduction This commentary examines the Eleventh Circuit’s decision in Jimmy Geathers, III v. Secretary,...
Protecting Foreclosure Surplus Under the Takings Clause: Sikorsky v. City of Newburgh

Protecting Foreclosure Surplus Under the Takings Clause: Sikorsky v. City of Newburgh

Date: May 3, 2025
Protecting Foreclosure Surplus Under the Takings Clause: Sikorsky v. City of Newburgh Introduction In Sikorsky v. City of Newburgh, 23-1171-cv (2d Cir. May 2, 2025), the Second Circuit addressed...
Clarification of Child Find Obligations and FAPE Requirements for Dyslexic Students under IDEA

Clarification of Child Find Obligations and FAPE Requirements for Dyslexic Students under IDEA

Date: May 3, 2025
Clarification of Child Find Obligations and FAPE Requirements for Dyslexic Students under IDEA 1. Introduction The Fifth Circuit’s decision in Moore-Watson v. Rankin County Public School District...
Consent Threshold for Eighth Amendment Prison Sexual Abuse Claims

Consent Threshold for Eighth Amendment Prison Sexual Abuse Claims

Date: May 3, 2025
Consent Threshold for Eighth Amendment Prison Sexual Abuse Claims Introduction David C.L. Walton, a state prisoner in Wisconsin, sued prison nurse Ashley Nehls under 42 U.S.C. § 1983, alleging that...
Clarifying COA Requirements and Ineffective Assistance Analysis under §2255: United States v. Guzman-Dominguez

Clarifying COA Requirements and Ineffective Assistance Analysis under §2255: United States v. Guzman-Dominguez

Date: May 3, 2025
Clarifying COA Requirements and Ineffective Assistance Analysis under §2255: United States v. Guzman-Dominguez Introduction United States v. Guzman-Dominguez, decided by the Tenth Circuit on May 2,...
Defendant-Caused Delay Bars Sixth Amendment Speedy Trial Claim

Defendant-Caused Delay Bars Sixth Amendment Speedy Trial Claim

Date: May 3, 2025
Defendant-Caused Delay Bars Sixth Amendment Speedy Trial Claim Introduction United States v. Eric Michael Schuster, 25a0113p.06 (6th Cir. May 2, 2025), is a published Sixth Circuit decision...
Harmless Allocution Error in Unlawful Reentry Sentencing: Clarifying Plain Error Review under Fed. R. Crim. P. 32

Harmless Allocution Error in Unlawful Reentry Sentencing: Clarifying Plain Error Review under Fed. R. Crim. P. 32

Date: May 3, 2025
Harmless Allocution Error in Unlawful Reentry Sentencing: Clarifying Plain Error Review under Fed. R. Crim. P. 32 Introduction This commentary examines United States v. Rudys Osvaldo Torres, No....
Probable Cause Suffices for Pre-Revocation Detention: Limits of Due-Process in Probation Revocation

Probable Cause Suffices for Pre-Revocation Detention: Limits of Due-Process in Probation Revocation

Date: May 3, 2025
Probable Cause Suffices for Pre-Revocation Detention: Limits of Due-Process in Probation Revocation Introduction In Dion Horton v. Administrative Judge Jill Rangos (3d Cir. 2025), a panel of the...
Physician’s Duty Under FTCA: No Liability for Emotional Distress from Treatment-Related Discharge Threat

Physician’s Duty Under FTCA: No Liability for Emotional Distress from Treatment-Related Discharge Threat

Date: May 3, 2025
Physician’s Duty Under FTCA: No Liability for Emotional Distress from Treatment-Related Discharge Threat Introduction In David D. Richardson v. United States, the Third Circuit addressed whether a...
Clarifying Attorney Disclosure Obligations and Proximate Cause in Legal Malpractice: Signal Funding v. Sugar Felsenthal

Clarifying Attorney Disclosure Obligations and Proximate Cause in Legal Malpractice: Signal Funding v. Sugar Felsenthal

Date: May 3, 2025
Clarifying Attorney Disclosure Obligations and Proximate Cause in Legal Malpractice: Signal Funding v. Sugar Felsenthal Introduction Signal Funding, LLC (“Signal”) is a pre-settlement...
Clarifying Insurer Duty to Defend BIPA Claims: Access or Disclosure vs. Statutory Violations Exclusions

Clarifying Insurer Duty to Defend BIPA Claims: Access or Disclosure vs. Statutory Violations Exclusions

Date: May 3, 2025
Clarifying Insurer Duty to Defend BIPA Claims: Access or Disclosure vs. Statutory Violations Exclusions Introduction This commentary examines Citizens Insurance Company of America v. Mullins Food...
Evidence‐Based Requirement for “Exceptional and Extremely Unusual Hardship” under 8 U.S.C. § 1229b(b)(1)(D): Consideration of Intra‐Country Relocation

Evidence‐Based Requirement for “Exceptional and Extremely Unusual Hardship” under 8 U.S.C. § 1229b(b)(1)(D): Consideration of Intra‐Country Relocation

Date: May 3, 2025
Evidence‐Based Requirement for “Exceptional and Extremely Unusual Hardship” under 8 U.S.C. § 1229b(b)(1)(D): Consideration of Intra‐Country Relocation Introduction Herrera-Arellano v. Garland is an...
Full Municipal Indemnification for Compensatory §1983 Damages Under Ohio Rev. Code §2744.07

Full Municipal Indemnification for Compensatory §1983 Damages Under Ohio Rev. Code §2744.07

Date: May 3, 2025
Full Municipal Indemnification for Compensatory §1983 Damages Under Ohio Rev. Code §2744.07 Introduction This case arises from the wrongful conviction and decades-long imprisonment of Roger Dean...
Full Municipal Indemnification Under Ohio Rev. Code § 2744.07 for Officer’s Compensatory Section 1983 Liability

Full Municipal Indemnification Under Ohio Rev. Code § 2744.07 for Officer’s Compensatory Section 1983 Liability

Date: May 3, 2025
Full Municipal Indemnification Under Ohio Rev. Code § 2744.07 for Officer’s Compensatory Section 1983 Liability Introduction This commentary examines the Sixth Circuit’s decision in Roger Dean...
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