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  • Commentaries
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federal Case Commentaries

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...
Reinforcement of Adverse Credibility Standards: Inconsistencies and Corroboration in Asylum Adjudications

Reinforcement of Adverse Credibility Standards: Inconsistencies and Corroboration in Asylum Adjudications

Date: May 1, 2025
Reinforcement of Adverse Credibility Standards: Inconsistencies and Corroboration in Asylum Adjudications Introduction In Huang v. Bondi, No. 23-6540 (2d Cir. Apr. 30, 2025), the Second Circuit...
Wire Fraud and Traditional Property Interests:  
        Recognizing Wages and Benefits as “Money or Property”  
        and Restricting the “Right to Control” Theory

Wire Fraud and Traditional Property Interests: Recognizing Wages and Benefits as “Money or Property” and Restricting the “Right to Control” Theory

Date: May 1, 2025
Wire Fraud and Traditional Property Interests: Recognizing Wages and Benefits as “Money or Property” and Restricting the “Right to Control” Theory 1. Introduction United States v. Nadege Auguste...
Temporal Sufficiency for Differential Pay: The New “During a National Emergency” Rule in Feliciano v. Department of Transportation

Temporal Sufficiency for Differential Pay: The New “During a National Emergency” Rule in Feliciano v. Department of Transportation

Date: May 1, 2025
Temporal Sufficiency for Differential Pay: The New “During a National Emergency” Rule in Feliciano v. Department of Transportation I. Introduction On 30 April 2025, the U.S. Supreme Court delivered...
Restricting Federal Jurisdiction Over State-Law Claims Involving Federal Tax Code Interpretation

Restricting Federal Jurisdiction Over State-Law Claims Involving Federal Tax Code Interpretation

Date: May 1, 2025
Restricting Federal Jurisdiction Over State-Law Claims Involving Federal Tax Code Interpretation Introduction AMTAX Holdings 227, LLC v. CohnReznick LLP, decided April 30, 2025 by the Second Circuit,...
Clarifying “Legally Responsible” in Florida’s Health Care Clinic Act Wholly Owned Exemption

Clarifying “Legally Responsible” in Florida’s Health Care Clinic Act Wholly Owned Exemption

Date: May 1, 2025
Clarifying “Legally Responsible” in Florida’s Health Care Clinic Act Wholly Owned Exemption Introduction State Farm Mutual Automobile Insurance Company v. Michael LaRocca (11th Cir. 2025) presented a...
Affirmation of Lanham Act Statutory Damages Within Congressional Range and Limits

Affirmation of Lanham Act Statutory Damages Within Congressional Range and Limits

Date: May 1, 2025
Affirmation of Lanham Act Statutory Damages Within Congressional Range and Limits Introduction Top Tobacco, L.P., Republic Technologies (NA), LLC, and Republic Tobacco, L.P. (collectively “Republic”)...
Reaffirming Deference to Sentencing Guidelines Commentary under Stinson: Inclusion of Intended Loss in U.S.S.G. §2B1.1 Calculations

Reaffirming Deference to Sentencing Guidelines Commentary under Stinson: Inclusion of Intended Loss in U.S.S.G. §2B1.1 Calculations

Date: May 1, 2025
Reaffirming Deference to Sentencing Guidelines Commentary under Stinson: Inclusion of Intended Loss in U.S.S.G. §2B1.1 Calculations Introduction United States v. Eric Upchurch is a Seventh Circuit...
Limits on Good-Faith Reliance and Tainted Affidavits: Excluding Evidence from Overbroad State Warrants

Limits on Good-Faith Reliance and Tainted Affidavits: Excluding Evidence from Overbroad State Warrants

Date: May 1, 2025
Limits on Good-Faith Reliance and Tainted Affidavits: Excluding Evidence from Overbroad State Warrants Introduction United States v. Santiago (10th Cir., Apr. 30, 2025) addresses the Fourth...
Res Judicata and the Timeliness of Rule 60(b) Relief: Third Circuit Clarifies Preclusive Effect

Res Judicata and the Timeliness of Rule 60(b) Relief: Third Circuit Clarifies Preclusive Effect

Date: May 1, 2025
Res Judicata and the Timeliness of Rule 60(b) Relief: Third Circuit Clarifies Preclusive Effect Introduction The Third Circuit’s decision in Neil Binder v. Coldwell Banker Real Estate LLC (3d Cir....
Reaffirming the Border Search Exception: No Reasonable Suspicion for Forensic Analysis of Electronic Devices

Reaffirming the Border Search Exception: No Reasonable Suspicion for Forensic Analysis of Electronic Devices

Date: Apr 30, 2025
Reaffirming the Border Search Exception: No Reasonable Suspicion for Forensic Analysis of Electronic Devices Introduction The Eleventh Circuit’s decision in United States v. Stephen Gordon Grimes,...
Termination by Mass Withdrawal Does Not Preclude SFA Eligibility Under 29 U.S.C. § 1432(b)(1)(A)

Termination by Mass Withdrawal Does Not Preclude SFA Eligibility Under 29 U.S.C. § 1432(b)(1)(A)

Date: Apr 30, 2025
Termination by Mass Withdrawal Does Not Preclude SFA Eligibility Under 29 U.S.C. § 1432(b)(1)(A) Introduction This commentary examines the United States Court of Appeals for the Second Circuit’s...
Intervening Amendment to U.S.S.G. § 4B1.2 Redefines Robbery and Upholds Texas Robbery as a Crime of Violence

Intervening Amendment to U.S.S.G. § 4B1.2 Redefines Robbery and Upholds Texas Robbery as a Crime of Violence

Date: Apr 30, 2025
Intervening Amendment to U.S.S.G. § 4B1.2 Redefines Robbery and Upholds Texas Robbery as a Crime of Violence Introduction In United States v. Wickware, No. 24-10519 (5th Cir. Apr. 29, 2025), the...
Affirmation of Circumstantial Knowledge Inference in Hidden-Compartment Drug Importation

Affirmation of Circumstantial Knowledge Inference in Hidden-Compartment Drug Importation

Date: Apr 30, 2025
Affirmation of Circumstantial Knowledge Inference in Hidden-Compartment Drug Importation Introduction United States v. Rodriguez, 5th Cir. No. 24-40031 (Apr. 29, 2025), addresses two consolidated...
Damond v. City of Alexandria: Reaffirming High Bar for §1983 Claims under §1915(e)(2)(B)

Damond v. City of Alexandria: Reaffirming High Bar for §1983 Claims under §1915(e)(2)(B)

Date: Apr 30, 2025
Damond v. City of Alexandria: Reaffirming High Bar for §1983 Claims under §1915(e)(2)(B) Introduction Damond v. City of Alexandria is a Fifth Circuit decision affirming the dismissal of a pro se...
Clarifying Function-by-Function Analysis in RFC Determinations: Ward v. Dudek

Clarifying Function-by-Function Analysis in RFC Determinations: Ward v. Dudek

Date: Apr 30, 2025
Clarifying Function-by-Function Analysis in RFC Determinations: Ward v. Dudek 1. Introduction This commentary examines the unpublished Fourth Circuit decision in Donna Macklin Ward v. Leland C....
Strict Application of Claim Preclusion to Repetitive Pro Se Land Use Claims

Strict Application of Claim Preclusion to Repetitive Pro Se Land Use Claims

Date: Apr 30, 2025
Strict Application of Claim Preclusion to Repetitive Pro Se Land Use Claims 1. Introduction The appeal arises from Benedict Mohit’s pro se challenge to the City of Haines City’s land‐use regulations,...
Disjunctive Interpretation of USSG §4C1.1(a)(10): Independent Disqualifiers for Sentence Reduction

Disjunctive Interpretation of USSG §4C1.1(a)(10): Independent Disqualifiers for Sentence Reduction

Date: Apr 30, 2025
Disjunctive Interpretation of USSG §4C1.1(a)(10): Independent Disqualifiers for Sentence Reduction Introduction United States v. Jones, 24-30236 (5th Cir. Apr. 29, 2025), presents the Fifth Circuit’s...
Jurisdictional Boundaries for Voluntary Dismissals and Contractual Fee Awards Post-Rule 41(a)(1)(A)(i)

Jurisdictional Boundaries for Voluntary Dismissals and Contractual Fee Awards Post-Rule 41(a)(1)(A)(i)

Date: Apr 30, 2025
Jurisdictional Boundaries for Voluntary Dismissals and Contractual Fee Awards Post-Rule 41(a)(1)(A)(i) Introduction AAA Gaming LLC and Illinois Gaming Investments, LLC (“Plaintiffs”) entered into a...
The Forensic Border Search Exception Reaffirmed: No Reasonable Suspicion Required for Electronic Device Searches at the Border

The Forensic Border Search Exception Reaffirmed: No Reasonable Suspicion Required for Electronic Device Searches at the Border

Date: Apr 30, 2025
The Forensic Border Search Exception Reaffirmed: No Reasonable Suspicion Required for Electronic Device Searches at the Border Introduction In United States v. Stephen Gordon Grimes, Jr., 23-12455...
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