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  • Commentaries
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federal Case Commentaries

Regulation of Camera Lighting in Public Meetings Does Not Impede First Amendment Rights

Regulation of Camera Lighting in Public Meetings Does Not Impede First Amendment Rights

Date: May 2, 2025
Regulation of Camera Lighting in Public Meetings Does Not Impede First Amendment Rights Introduction Kamryn Randle v. Ladel Lewis, decided by the Sixth Circuit on May 1, 2025 (No. 24-1888), addressed...
Clarifying Anders Review Standards and Restitution Obligations in CSAM Plea Agreements

Clarifying Anders Review Standards and Restitution Obligations in CSAM Plea Agreements

Date: May 2, 2025
Clarifying Anders Review Standards and Restitution Obligations in CSAM Plea Agreements Introduction United States v. Luke Shager (3d Cir. May 1, 2025) is an appeal from a 262-month sentence and...
Reinforcing Rule 9(b) Particularity in False Claims Act Qui Tam Suits

Reinforcing Rule 9(b) Particularity in False Claims Act Qui Tam Suits

Date: May 2, 2025
Reinforcing Rule 9(b) Particularity in False Claims Act Qui Tam Suits Introduction The Third Circuit’s decision in John Collado v. Bracco USA, Inc., No. 24-1668 (3d Cir. May 1, 2025), clarifies and...
Recognition of Foreign‐Law Enforcement Tips as Sufficient Basis for Probable Cause in Dark Web Child Pornography Investigations

Recognition of Foreign‐Law Enforcement Tips as Sufficient Basis for Probable Cause in Dark Web Child Pornography Investigations

Date: May 2, 2025
Recognition of Foreign‐Law Enforcement Tips as Sufficient Basis for Probable Cause in Dark Web Child Pornography Investigations Introduction The Fourth Circuit’s decision in United States v. Raymond...
Aggravated Felony Attempted Theft: State Unarmed Assault with Intent to Rob or Steal as a Categorical Match under the INA

Aggravated Felony Attempted Theft: State Unarmed Assault with Intent to Rob or Steal as a Categorical Match under the INA

Date: May 2, 2025
Aggravated Felony Attempted Theft: State Unarmed Assault with Intent to Rob or Steal as a Categorical Match under the INA Introduction In Samir Fernandes Baptista v. Pamela Jo Bondi, the United...
Clarifying Transport-Related Exclusions: Application of Auto and Care, Custody & Control Exclusions in CGL & BAC Policies

Clarifying Transport-Related Exclusions: Application of Auto and Care, Custody & Control Exclusions in CGL & BAC Policies

Date: May 2, 2025
Clarifying Transport-Related Exclusions: Application of Auto and Care, Custody & Control Exclusions in CGL & BAC Policies Introduction In Clear Blue Specialty Insurance Company v. Landrieu Concrete &...
Alford Pleas as Admissible 404(b) Evidence: United States v. Booker

Alford Pleas as Admissible 404(b) Evidence: United States v. Booker

Date: May 1, 2025
Alford Pleas as Admissible 404(b) Evidence: United States v. Booker Introduction The Eleventh Circuit’s opinion in United States v. Robert Booker, Sr. (No. 23-14041, decided April 30, 2025) addresses...
Employers’ Wages as “Money or Property” in Wire Fraud: United States v. Nadege Auguste

Employers’ Wages as “Money or Property” in Wire Fraud: United States v. Nadege Auguste

Date: May 1, 2025
Employers’ Wages as “Money or Property” in Wire Fraud: United States v. Nadege Auguste Introduction The Eleventh Circuit’s decision in United States v. Nadege Auguste, 24-10741 & 24-10757 (11th Cir....
Attorneys’ Duty to Monitor E-Filing Systems and the Limits of Excusable Neglect Under Rule 60(b)

Attorneys’ Duty to Monitor E-Filing Systems and the Limits of Excusable Neglect Under Rule 60(b)

Date: May 1, 2025
Attorneys’ Duty to Monitor E-Filing Systems and the Limits of Excusable Neglect Under Federal Rule 60(b) Introduction Mesfin Solomon Shibeshi v. E*TRADE Securities, LLC (11th Cir. Apr. 30, 2025)...
Rigorous Application of Comparator Evidence and Discovery Diligence in Title VII Summary Judgment

Rigorous Application of Comparator Evidence and Discovery Diligence in Title VII Summary Judgment

Date: May 1, 2025
Rigorous Application of Comparator Evidence and Discovery Diligence in Title VII Summary Judgment Introduction This commentary examines the Third Circuit’s decision in Deborah Bennett v. SEPTA, which...
Constitutional Limits on Geofence Warrants: Particularized Probable Cause for Non-Anonymous Location Data

Constitutional Limits on Geofence Warrants: Particularized Probable Cause for Non-Anonymous Location Data

Date: May 1, 2025
Constitutional Limits on Geofence Warrants: Particularized Probable Cause for Non-Anonymous Location Data Introduction United States v. Okello Chatrie, No. 22-4489 (4th Cir. en banc Apr. 30, 2025),...
Jury Determination and Harmless-Error Review for ACCA’s “Different Occasions” Element

Jury Determination and Harmless-Error Review for ACCA’s “Different Occasions” Element

Date: May 1, 2025
Jury Determination and Harmless-Error Review for ACCA’s “Different Occasions” Element Introduction United States v. Trevor Boggs, decided April 30, 2025 by the Fourth Circuit, addressed whether the...
Establishing Boundaries for Consent in Warrantless Protective Sweeps: United States v. Alvarado Dubon

Establishing Boundaries for Consent in Warrantless Protective Sweeps: United States v. Alvarado Dubon

Date: May 1, 2025
Establishing Boundaries for Consent in Warrantless Protective Sweeps: United States v. Alvarado Dubon Introduction United States v. Julio Cesar Alvarado Dubon (Fourth Circuit, April 30, 2025)...
Minimal Explanatory Requirement for Within-Guidelines Sentences in § 3582(c)(2) Resentencing

Minimal Explanatory Requirement for Within-Guidelines Sentences in § 3582(c)(2) Resentencing

Date: May 1, 2025
Minimal Explanatory Requirement for Within-Guidelines Sentences in § 3582(c)(2) Resentencing Introduction United States v. Eagle, 10th Cir. No. 24-7040 (Apr. 30, 2025), addresses the scope of a...
Consistency Mandate for Firearm Findings in §3582(c)(2) Sentence Reduction Proceedings

Consistency Mandate for Firearm Findings in §3582(c)(2) Sentence Reduction Proceedings

Date: May 1, 2025
Consistency Mandate for Firearm Findings in §3582(c)(2) Sentence Reduction Proceedings Introduction This commentary examines United States v. Salas, No. 24-10097 (5th Cir. Apr. 30, 2025), in which...
Rubinstein v. Bank of America: Clarifying RICO Accrual and Equitable Tolling in Mortgage Fraud Claims

Rubinstein v. Bank of America: Clarifying RICO Accrual and Equitable Tolling in Mortgage Fraud Claims

Date: May 1, 2025
Rubinstein v. Bank of America: Clarifying RICO Accrual and Equitable Tolling in Mortgage Fraud Claims Introduction In Rubinstein v. Bank of America NA, the Third Circuit addressed a protracted...
Clarifying the Threshold for Convention Against Torture Relief: Aggregate Risk and Chain-of-Events Analysis

Clarifying the Threshold for Convention Against Torture Relief: Aggregate Risk and Chain-of-Events Analysis

Date: May 1, 2025
Clarifying the Threshold for Convention Against Torture Relief: Aggregate Risk and Chain-of-Events Analysis Introduction Juan José Paredes Alfaro, a native and citizen of El Salvador, petitioned the...
Plain-Meaning Interpretation of “In Connection With” Under U.S.S.G. § 2K2.1(b)(6)(B)

Plain-Meaning Interpretation of “In Connection With” Under U.S.S.G. § 2K2.1(b)(6)(B)

Date: May 1, 2025
Plain-Meaning Interpretation of “In Connection With” Under U.S.S.G. § 2K2.1(b)(6)(B) Introduction United States v. Alphonso L. James is a pivotal Eleventh Circuit decision clarifying how sentencing...
Reasoned Denial of Compassionate Release: Defining “Extraordinary and Compelling Reasons” under 18 U.S.C. § 3582(c)(1)(A) and U.S.S.G. § 1B1.13

Reasoned Denial of Compassionate Release: Defining “Extraordinary and Compelling Reasons” under 18 U.S.C. § 3582(c)(1)(A) and U.S.S.G. § 1B1.13

Date: May 1, 2025
Reasoned Denial of Compassionate Release: Defining “Extraordinary and Compelling Reasons” under 18 U.S.C. § 3582(c)(1)(A) and U.S.S.G. § 1B1.13 Introduction In United States v. Luis Batista, No....
Jurisdictional Limits on Appeals of Consent Judgment Interpretations: Nunez v. City of New York

Jurisdictional Limits on Appeals of Consent Judgment Interpretations: Nunez v. City of New York

Date: May 1, 2025
Jurisdictional Limits on Appeals of Consent Judgment Interpretations: Nunez v. City of New York Introduction Nunez v. City of New York, decided by the United States Court of Appeals for the Second...
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