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federal Case Commentaries

Beyond the Poisoned Well: Sixth Circuit Extends “Bodily-Integrity” Liability to Officials Who Mislead the Public About Naturally-Occurring Environmental Hazards

Beyond the Poisoned Well: Sixth Circuit Extends “Bodily-Integrity” Liability to Officials Who Mislead the Public About Naturally-Occurring Environmental Hazards

Date: Aug 14, 2025
Beyond the Poisoned Well: Sixth Circuit Extends “Bodily-Integrity” Liability to Officials Who Mislead the Public About Naturally-Occurring Environmental Hazards 1. Introduction The Sixth Circuit’s...
McLemore v. Gumucio: Sixth Circuit Reaffirms the Conduct–Speech Divide—Auctioneer Licensing Schemes Trigger Only Rational-Basis Review

McLemore v. Gumucio: Sixth Circuit Reaffirms the Conduct–Speech Divide—Auctioneer Licensing Schemes Trigger Only Rational-Basis Review

Date: Aug 14, 2025
McLemore v. Gumucio: Sixth Circuit Reaffirms the Conduct–Speech Divide— Auctioneer Licensing Schemes Trigger Only Rational-Basis Review 1. Introduction The United States Court of Appeals for the...
“Independent Substantive-Review” Requirement for EPA Approval of SIP Revisions: A Commentary on Center for Biological Diversity v. EPA (10th Cir. 2025)

“Independent Substantive-Review” Requirement for EPA Approval of SIP Revisions: A Commentary on Center for Biological Diversity v. EPA (10th Cir. 2025)

Date: Aug 14, 2025
“Independent Substantive-Review” Requirement for EPA Approval of SIP Revisions A Comprehensive Commentary on Center for Biological Diversity v. EPA (10th Cir. 2025) 1. Introduction The United States...
Sanchez-Mayorga v. Bondi: Clarifying the “Prejudice” Prong in Due-Process Challenges to Expedited Immigration Proceedings

Sanchez-Mayorga v. Bondi: Clarifying the “Prejudice” Prong in Due-Process Challenges to Expedited Immigration Proceedings

Date: Aug 14, 2025
Sanchez-Mayorga v. Bondi: Clarifying the “Prejudice” Prong in Due-Process Challenges to Expedited Immigration Proceedings 1. Introduction Sanchez-Mayorga v. Bondi, No. 24-9559 (10th Cir. Aug. 12,...
United States v. Hardy: The Tenth Circuit Demands Reliable Corroboration of Hearsay in Drug-Quantity Findings at Sentencing

United States v. Hardy: The Tenth Circuit Demands Reliable Corroboration of Hearsay in Drug-Quantity Findings at Sentencing

Date: Aug 14, 2025
United States v. Hardy: The Tenth Circuit Demands Reliable Corroboration of Hearsay in Drug-Quantity Findings at Sentencing Introduction United States v. Hardy, No. 24-8006 (10th Cir. Aug. 12,...
“Sex Offense” Re-Defined for §4C1.1 Retroactive Reductions: Commentary on United States v. Khan (10th Cir. 2025)

“Sex Offense” Re-Defined for §4C1.1 Retroactive Reductions: Commentary on United States v. Khan (10th Cir. 2025)

Date: Aug 14, 2025
“Sex Offense” Re-Defined for §4C1.1 Retroactive Reductions: Commentary on United States v. Khan (10th Cir. 2025) Court of Appeals for the Tenth Circuit | Filed 12 Aug 2025 | No. 24-2119 1....
United States v. Papke: Reinforcing Judicial Deference to Pure “Charge Bargains” in Federal Plea Practice

United States v. Papke: Reinforcing Judicial Deference to Pure “Charge Bargains” in Federal Plea Practice

Date: Aug 14, 2025
United States v. Papke: Reinforcing Judicial Deference to Pure “Charge Bargains” in Federal Plea Practice Introduction On 12 August 2025, the United States Court of Appeals for the Tenth Circuit...
“More Than a Checkbox”: United States v. Ramirez-Lopez and the Tenth Circuit’s Re-Statement of the Bail Reform Act’s Fact-Finding Requirements

“More Than a Checkbox”: United States v. Ramirez-Lopez and the Tenth Circuit’s Re-Statement of the Bail Reform Act’s Fact-Finding Requirements

Date: Aug 14, 2025
“More Than a Checkbox”: United States v. Ramirez-Lopez and the Tenth Circuit’s Re-Statement of the Bail Reform Act’s Fact-Finding Requirements 1. Introduction United States v. Ramirez-Lopez, No....
Per-Defendant Fee-Shifting and Extended Judicial Immunity: A Commentary on West-Helmle v. Denver District Attorney’s Office (10th Cir. 2025)

Per-Defendant Fee-Shifting and Extended Judicial Immunity: A Commentary on West-Helmle v. Denver District Attorney’s Office (10th Cir. 2025)

Date: Aug 14, 2025
Per-Defendant Fee-Shifting and Extended Judicial Immunity: An In-Depth Commentary on West-Helmle v. Denver District Attorney’s Office, 91 F.4th ___ (10th Cir. 2025) 1. Introduction On 12 August 2025...

Eleventh Circuit Narrows the “Sophisticated Means” Enhancement and Clarifies Post-Dubin Aggravated-Identity-Theft Analysis: A Commentary on United States v. Timothy Buchanan

Eleventh Circuit Narrows the “Sophisticated Means” Enhancement and Clarifies Post-Dubin Aggravated-Identity-Theft Analysis: A Commentary on United States v. Timothy Buchanan

Date: Aug 14, 2025
Eleventh Circuit Narrows the “Sophisticated Means” Enhancement and Clarifies Post-Dubin Aggravated-Identity-Theft Analysis Commentary on United States v. Timothy Buchanan, 22-14195 (11th Cir. 2025)...
“Minimal-Harm” Transfers after Muldrow & the Reach of the Honest-Suspicion Defense – A Commentary on Stella Paterakos v. City of Chicago (7th Cir. 2025)

“Minimal-Harm” Transfers after Muldrow & the Reach of the Honest-Suspicion Defense – A Commentary on Stella Paterakos v. City of Chicago (7th Cir. 2025)

Date: Aug 14, 2025
“Minimal-Harm” Transfers after Muldrow & the Reach of the Honest-Suspicion Defense – A Comprehensive Commentary on Stella Paterakos v. City of Chicago, 7th Cir. 2025 1. Introduction In Stella...
“Clarifying the Threshold for ‘Unreasonable Delay’ in Prisoner Medical-Care Claims under the Eighth Amendment”

“Clarifying the Threshold for ‘Unreasonable Delay’ in Prisoner Medical-Care Claims under the Eighth Amendment”

Date: Aug 14, 2025
Clarifying the Threshold for “Unreasonable Delay” in Prisoner Medical-Care Claims under the Eighth Amendment Introduction The Seventh Circuit’s non-precedential decision in Tyrone Robinson v. Joan...
Beyond Monetary Loss: The First Circuit Confirms Broad Judicial Discretion to Vary Upward When Victim Privacy and Trust Are Eroded – Comment on United States v. Waithe (2025)

Beyond Monetary Loss: The First Circuit Confirms Broad Judicial Discretion to Vary Upward When Victim Privacy and Trust Are Eroded – Comment on United States v. Waithe (2025)

Date: Aug 14, 2025
Beyond Monetary Loss: The First Circuit Confirms Broad Judicial Discretion to Vary Upward When Victim Privacy and Trust Are Eroded Commentary on United States v. Waithe, 85 F.4th ___ (1st Cir. 2025)...
United States v. Dobbin: Third Circuit Authorizes Use of Non-Shepard Records to Prove the Fact—Though Not the Nature—of Prior Convictions in Career-Offender Sentencing

United States v. Dobbin: Third Circuit Authorizes Use of Non-Shepard Records to Prove the Fact—Though Not the Nature—of Prior Convictions in Career-Offender Sentencing

Date: Aug 14, 2025
United States v. Dobbin: Third Circuit Authorizes Use of Non-Shepard Records to Prove the Fact—Though Not the Nature—of Prior Convictions in Career-Offender Sentencing Introduction United States v....
“Discovery Sanctions in § 1782 Proceedings: The Fifth Circuit Clarifies No Mandatory Conference Is Required Before Rule 37(b) Relief”

“Discovery Sanctions in § 1782 Proceedings: The Fifth Circuit Clarifies No Mandatory Conference Is Required Before Rule 37(b) Relief”

Date: Aug 14, 2025
Discovery Sanctions in § 1782 Proceedings: The Fifth Circuit Clarifies No Mandatory Conference Is Required Before Rule 37(b) Relief Introduction Banco Mercantil v. Paramo (No. 24-20375, 5th Cir. Aug....
Palms v. Texas Children’s Hospital:  The Fifth Circuit’s New Rule on Appellate Forfeiture of Post-Accommodation Title VII Religious-Discrimination Claims

Palms v. Texas Children’s Hospital: The Fifth Circuit’s New Rule on Appellate Forfeiture of Post-Accommodation Title VII Religious-Discrimination Claims

Date: Aug 14, 2025
Palms v. Texas Children’s Hospital: The Fifth Circuit’s New Rule on Appellate Forfeiture of Post-Accommodation Title VII Religious-Discrimination Claims 1. Introduction In Palms v. Texas Children’s...
Gardner v. IAM: The Fourth Circuit Adopts a “Reasonable-Notice” Test for § 501(b) Union-Member Demands

Gardner v. IAM: The Fourth Circuit Adopts a “Reasonable-Notice” Test for § 501(b) Union-Member Demands

Date: Aug 14, 2025
Gardner v. International Association of Machinists (4th Cir. 2025) Establishing the “Reasonable-Notice” Standard for § 501(b) Demands I. Introduction In Sandra Gardner v. International Association of...
Reaffirming the Economic-Motive Exception:  Cardenas-Zepeda v. Bondi and the Nexus Requirement in Gang-Extortion Asylum Claims

Reaffirming the Economic-Motive Exception: Cardenas-Zepeda v. Bondi and the Nexus Requirement in Gang-Extortion Asylum Claims

Date: Aug 13, 2025
Reaffirming the Economic-Motive Exception: Cardenas-Zepeda v. Bondi and the Nexus Requirement in Gang-Extortion Asylum Claims 1. Introduction Cardenas-Zepeda v. Bondi, decided by the United States...
Tiered Partnerships and the Two-Year Disguised-Sale Presumption: Lessons from PIMLICO, LLC v. Commissioner (2d Cir. 2025)

Tiered Partnerships and the Two-Year Disguised-Sale Presumption: Lessons from PIMLICO, LLC v. Commissioner (2d Cir. 2025)

Date: Aug 13, 2025
Tiered Partnerships and the Two-Year Disguised-Sale Presumption: Lessons from PIMLICO, LLC v. Commissioner of Internal Revenue (2d Cir. 2025) 1. Introduction The Second Circuit’s summary order in...
“Seeing” Is Still Believing: Clear-Error Review of District-Court Findings Based on Video Evidence after United States v. Espinal (2d Cir. 2025)

“Seeing” Is Still Believing: Clear-Error Review of District-Court Findings Based on Video Evidence after United States v. Espinal (2d Cir. 2025)

Date: Aug 13, 2025
“Seeing” Is Still Believing: Clear-Error Review of District-Court Findings Based on Video Evidence after United States v. Espinal (2d Cir. 2025) 1. Introduction The Second Circuit’s summary order in...
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