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  • Commentaries
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federal Case Commentaries

Enforcement of Loss Stipulations in Plea Agreements: Prohibition on Government’s Post-Plea Introduction of Uncharged Conduct

Enforcement of Loss Stipulations in Plea Agreements: Prohibition on Government’s Post-Plea Introduction of Uncharged Conduct

Date: Apr 25, 2025
Enforcement of Loss Stipulations in Plea Agreements: Prohibition on Government’s Post-Plea Introduction of Uncharged Conduct Introduction The Eleventh Circuit’s decision in United States v. Isaac...
Physician Retaliation under EMTALA: Objective Reasonableness and Scope Clarified in Partin v. Baptist Health

Physician Retaliation under EMTALA: Objective Reasonableness and Scope Clarified in Partin v. Baptist Health

Date: Apr 25, 2025
Physician Retaliation under EMTALA: Objective Reasonableness and Scope Clarified in Partin v. Baptist Health Introduction In William R. Partin v. Baptist Healthcare System, Inc., the Seventh Circuit...
Leon Carter v. Tegels: Constitutional Boundaries of Anders Review and Remmer Presumptions under AEDPA

Leon Carter v. Tegels: Constitutional Boundaries of Anders Review and Remmer Presumptions under AEDPA

Date: Apr 25, 2025
Leon Carter v. Tegels: Constitutional Boundaries of Anders Review and Remmer Presumptions under AEDPA Introduction Leon Carter v. Tegels is a 2025 decision of the United States Court of Appeals for...
Clarifying “Permitted by Subsection (f)(1)(B)”: Disregarding Post-2014 Contribution Rate Increases in Multiemployer Pension Plan Withdrawal Liability

Clarifying “Permitted by Subsection (f)(1)(B)”: Disregarding Post-2014 Contribution Rate Increases in Multiemployer Pension Plan Withdrawal Liability

Date: Apr 25, 2025
Clarifying “Permitted by Subsection (f)(1)(B)”: Disregarding Post-2014 Contribution Rate Increases in Multiemployer Pension Plan Withdrawal Liability Introduction This commentary examines the United...
Recorded Jail Calls as Admissible Evidence of Consciousness of Guilt and Inculpatory Declarations

Recorded Jail Calls as Admissible Evidence of Consciousness of Guilt and Inculpatory Declarations

Date: Apr 25, 2025
Recorded Jail Calls as Admissible Evidence of Consciousness of Guilt and Inculpatory Declarations Introduction This commentary examines the Tenth Circuit’s decision in United States v. Taylor, No....
Electronic Right-to-Sue Notice and the 90-Day Filing Period under Title VII and the ADA: The García-Gesualdo Standard

Electronic Right-to-Sue Notice and the 90-Day Filing Period under Title VII and the ADA: The García-Gesualdo Standard

Date: Apr 25, 2025
Electronic Right-to-Sue Notice and the 90-Day Filing Period under Title VII and the ADA: The García-Gesualdo Standard Introduction In García-Gesualdo v. Honeywell Aerospace of P.R., Inc., 23-1921...
Credibility and Substantial Evidence Standards in LHWCA Disability Determinations

Credibility and Substantial Evidence Standards in LHWCA Disability Determinations

Date: Apr 25, 2025
Credibility and Substantial Evidence Standards in LHWCA Disability Determinations Introduction This commentary examines the Third Circuit’s decision in Global Terminal & Container Services, Inc. v....
Isolated Threats and Prior Safe Relocation: Limits on Asylum Claims from Private-Actor Violence

Isolated Threats and Prior Safe Relocation: Limits on Asylum Claims from Private-Actor Violence

Date: Apr 25, 2025
Isolated Threats and Prior Safe Relocation: Limits on Asylum Claims from Private-Actor Violence Introduction This commentary examines the Second Circuit’s summary order in Ixcoy Sica v. Bondi,...
Abuse Liability as an Independently Sufficient Basis for FDA Marketing Denial of ENDS Products

Abuse Liability as an Independently Sufficient Basis for FDA Marketing Denial of ENDS Products

Date: Apr 25, 2025
Abuse Liability as an Independently Sufficient Basis for FDA Marketing Denial of ENDS Products Introduction This commentary examines the Eleventh Circuit’s April 24, 2025 decision in Bidi Vapor LLC...
Clarifying Review Standards in Tenth Circuit Immigration Appeals

Clarifying Review Standards in Tenth Circuit Immigration Appeals

Date: Apr 25, 2025
Clarifying Review Standards in Tenth Circuit Immigration Appeals Introduction In Toj-Riz v. Garland, No. 24-9533 (10th Cir. Apr. 24, 2025), the United States Court of Appeals for the Tenth Circuit...
Exclusion of Post-2014 Rehabilitation-Plan Contribution Increases from Withdrawal Liability under 29 U.S.C. §1085(g)(3)

Exclusion of Post-2014 Rehabilitation-Plan Contribution Increases from Withdrawal Liability under 29 U.S.C. §1085(g)(3)

Date: Apr 25, 2025
Exclusion of Post-2014 Rehabilitation-Plan Contribution Increases from Withdrawal Liability under 29 U.S.C. §1085(g)(3) Introduction This commentary examines the Seventh Circuit’s decision in Event...
Exclusion of Post-2014 Contribution Rate Increases from Withdrawal Liability under 29 U.S.C. §1085(g)(3)

Exclusion of Post-2014 Contribution Rate Increases from Withdrawal Liability under 29 U.S.C. §1085(g)(3)

Date: Apr 25, 2025
Exclusion of Post-2014 Contribution Rate Increases from Withdrawal Liability under 29 U.S.C. §1085(g)(3) Introduction This commentary examines the decision in Pack Expo Services, LLC and Event Media...
Equitable Enforcement of Bankruptcy Fee-Disclosure Requirements and Core Jurisdiction Affirmed in In re Aquilino

Equitable Enforcement of Bankruptcy Fee-Disclosure Requirements and Core Jurisdiction Affirmed in In re Aquilino

Date: Apr 25, 2025
Equitable Enforcement of Bankruptcy Fee-Disclosure Requirements and Core Jurisdiction Affirmed in In re Aquilino Introduction In In re: Louie Joseph Aquilino and Robin Aquilino, Nos. 24-1781, 24-1782...
Linton v. Zorn: Pain-Compliance on Passive Resistors Exceeds Fourth Amendment Bounds

Linton v. Zorn: Pain-Compliance on Passive Resistors Exceeds Fourth Amendment Bounds

Date: Apr 25, 2025
Linton v. Zorn: Pain-Compliance on Passive Resistors Exceeds Fourth Amendment Bounds Introduction The Second Circuit’s April 24, 2025 decision in Linton v. Zorn arises out of a January 2015 sit-in...
Exclusion of Rehabilitation Plan‐Mandated Contribution Increases from Withdrawal Liability Calculations

Exclusion of Rehabilitation Plan‐Mandated Contribution Increases from Withdrawal Liability Calculations

Date: Apr 25, 2025
Exclusion of Rehabilitation Plan‐Mandated Contribution Increases from Withdrawal Liability Calculations Introduction In Central States, Southeast and Southwest Areas Pension Fund v. Event Media Inc....
Waiver of Sixth Amendment Right to Counsel by Repeated Conflict-Driven Conduct

Waiver of Sixth Amendment Right to Counsel by Repeated Conflict-Driven Conduct

Date: Apr 25, 2025
Waiver of Sixth Amendment Right to Counsel by Repeated Conflict-Driven Conduct Introduction United States v. Omar Morales Colon (3rd Cir. Apr. 24, 2025) addresses the narrow but vital question of...
Waiver of Sixth Amendment Right to Counsel by Conduct: Clarifications from United States v. Omar Colon

Waiver of Sixth Amendment Right to Counsel by Conduct: Clarifications from United States v. Omar Colon

Date: Apr 25, 2025
Waiver of Sixth Amendment Right to Counsel by Conduct: Clarifications from United States v. Omar Colon Introduction United States v. Omar Colon, decided on April 24, 2025 by a panel of the Third...
Strict Liability in Firearm Sentencing Enhancements: No Mens Rea Required for Large‐Capacity Magazine Under U.S.S.G. § 2K2.1(a)(3)

Strict Liability in Firearm Sentencing Enhancements: No Mens Rea Required for Large‐Capacity Magazine Under U.S.S.G. § 2K2.1(a)(3)

Date: Apr 25, 2025
Strict Liability in Firearm Sentencing Enhancements: No Mens Rea Required for Large‐Capacity Magazine Under U.S.S.G. § 2K2.1(a)(3) Introduction United States v. Prince Irell Seuell is a Sixth Circuit...
Mandate for Clear BIA Reasoning in Reopening for Ineffective Assistance and Hardship Claims

Mandate for Clear BIA Reasoning in Reopening for Ineffective Assistance and Hardship Claims

Date: Apr 25, 2025
Mandate for Clear BIA Reasoning in Reopening for Ineffective Assistance and Hardship Claims Introduction Chanchavac Garcia v. Bondi is a decision of the United States Court of Appeals for the First...
Ensuring Definiteness in Oral Agreements and Viability of Quantum Meruit Claims Under California Law

Ensuring Definiteness in Oral Agreements and Viability of Quantum Meruit Claims Under California Law

Date: Apr 24, 2025
Ensuring Definiteness in Oral Agreements and Viability of Quantum Meruit Claims Under California Law Introduction 3074 Centreville LLC v. M.A. Cohen & Co., Inc. (Fourth Cir. Apr. 23, 2025) addresses...
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