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  • Commentaries
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federal Case Commentaries

United States v. Singh: Sixth Circuit Mandates a “Bryan-Level” Willfulness Instruction and Reinforces Evidentiary Guardrails in Healthcare-Fraud Prosecutions

United States v. Singh: Sixth Circuit Mandates a “Bryan-Level” Willfulness Instruction and Reinforces Evidentiary Guardrails in Healthcare-Fraud Prosecutions

Date: Aug 13, 2025
United States v. Singh: Sixth Circuit Mandates a “Bryan-Level” Willfulness Instruction and Reinforces Evidentiary Guardrails in Healthcare-Fraud Prosecutions Introduction In United States v. Ankita...
United States v. Hinds: Sixth Circuit Clarifies Harmless-Error Review after Erlinger and Re-Affirms State Enforcement of Federal Marijuana Law

United States v. Hinds: Sixth Circuit Clarifies Harmless-Error Review after Erlinger and Re-Affirms State Enforcement of Federal Marijuana Law

Date: Aug 13, 2025
United States v. Hinds: Sixth Circuit Clarifies Harmless-Error Review after Erlinger and Re-Affirms State Enforcement of Federal Marijuana Law Introduction In United States v. Michael Hinds, the...
United States v. Hinds: Sixth Circuit Clarifies Harmless-Error Review After Erlinger for ACCA “Different-Occasions” Element

United States v. Hinds: Sixth Circuit Clarifies Harmless-Error Review After Erlinger for ACCA “Different-Occasions” Element

Date: Aug 13, 2025
United States v. Hinds: Sixth Circuit Clarifies Harmless-Error Review After Erlinger for ACCA “Different-Occasions” Element Introduction In United States v. Michael Hinds, the Court of Appeals for...
United States v. VanOchten – The Sixth Circuit Confirms Conditional Disarmament of “Dangerous” Drug-Users Under 18 U.S.C. § 922(g)(3)

United States v. VanOchten – The Sixth Circuit Confirms Conditional Disarmament of “Dangerous” Drug-Users Under 18 U.S.C. § 922(g)(3)

Date: Aug 13, 2025
United States v. VanOchten – The Sixth Circuit Confirms Conditional Disarmament of “Dangerous” Drug-Users Under 18 U.S.C. § 922(g)(3) 1. Introduction In United States v. Terrence Wayne VanOchten, No....
Mandatory FMLA Medical Certification as an ADA “Inquiry” – A Comprehensive Commentary on Mullin v. Secretary, U.S. Department of Veterans Affairs

Mandatory FMLA Medical Certification as an ADA “Inquiry” – A Comprehensive Commentary on Mullin v. Secretary, U.S. Department of Veterans Affairs

Date: Aug 13, 2025
Mandatory FMLA Medical Certification as an ADA “Inquiry” – A Comprehensive Commentary on Mullin v. Secretary, U.S. Department of Veterans Affairs 1. Introduction Case: Aileen Mullin v. Secretary,...
Eleventh Circuit Clarifies Non-Jurisdictional Nature of Interstate-Commerce Element in Child-Sex-Trafficking Prosecutions

Eleventh Circuit Clarifies Non-Jurisdictional Nature of Interstate-Commerce Element in Child-Sex-Trafficking Prosecutions

Date: Aug 13, 2025
Eleventh Circuit Clarifies Non-Jurisdictional Nature of Interstate-Commerce Element in Child-Sex-Trafficking Prosecutions Introduction In United States v. Ralph Kevin Tovar, No. 23-10755 (11th Cir....
Daniels v. Hughes: When Post-Settlement Fee Modifications Trump Original Consent Decrees and Enforcement Jurisdiction Diverges from Subject-Matter Jurisdiction

Daniels v. Hughes: When Post-Settlement Fee Modifications Trump Original Consent Decrees and Enforcement Jurisdiction Diverges from Subject-Matter Jurisdiction

Date: Aug 13, 2025
Daniels v. Hughes: When Post-Settlement Fee Modifications Trump Original Consent Decrees and Enforcement Jurisdiction Diverges from Subject-Matter Jurisdiction Introduction For nearly two decades,...

        Seventh Circuit Clarifies (1) the Binding Nature of Post-Settlement Fee Modifications 
        and (2) the Distinction Between Enforcement Jurisdiction and Subject-Matter 
        Jurisdiction After a Consent Decree Expires

Seventh Circuit Clarifies (1) the Binding Nature of Post-Settlement Fee Modifications and (2) the Distinction Between Enforcement Jurisdiction and Subject-Matter Jurisdiction After a Consent Decree Expires

Date: Aug 13, 2025
Seventh Circuit Clarifies (1) the Binding Nature of Post-Settlement Fee Modifications and (2) the Distinction Between Enforcement Jurisdiction and Subject-Matter Jurisdiction After a Consent Decree...
“Silence Speaks”: Fourth Circuit Confirms that Omitted Words in Parallel Insurance Exclusions Preserve Coverage for Negligent Entrustment & Interest Beyond Policy Limits

“Silence Speaks”: Fourth Circuit Confirms that Omitted Words in Parallel Insurance Exclusions Preserve Coverage for Negligent Entrustment & Interest Beyond Policy Limits

Date: Aug 13, 2025
“Silence Speaks”: Fourth Circuit Confirms that Omitted Words in Parallel Insurance Exclusions Preserve Coverage for Negligent Entrustment & Interest Beyond Policy Limits Introduction The unpublished...
United States v. Stull: Fourth Circuit Clarifies the Defendant’s Burden of Showing Prejudice for Rule 11 Omissions on Plain-Error Review

United States v. Stull: Fourth Circuit Clarifies the Defendant’s Burden of Showing Prejudice for Rule 11 Omissions on Plain-Error Review

Date: Aug 13, 2025
United States v. Stull: Fourth Circuit Clarifies the Defendant’s Burden of Showing Prejudice for Rule 11 Omissions on Plain-Error Review Introduction United States v. Jerry Stull, No. 24-4340 (4th...
“Strict Enforcement of Appellate Diligence” – Commentary on Gilberti v. Buffet (10th Cir. 2025)

“Strict Enforcement of Appellate Diligence” – Commentary on Gilberti v. Buffet (10th Cir. 2025)

Date: Aug 13, 2025
“Strict Enforcement of Appellate Diligence” – A Commentary on Gilberti v. Buffet, 90 F.4th ___ (10th Cir. 2025) 1. Introduction In Gilberti v. Buffet, the United States Court of Appeals for the Tenth...
United States v. Guzman: No Fourth-Amendment Standing for Occupants of Condemned or “Substandard” Property

United States v. Guzman: No Fourth-Amendment Standing for Occupants of Condemned or “Substandard” Property

Date: Aug 13, 2025
United States v. Guzman: No Fourth-Amendment Standing for Occupants of Condemned or “Substandard” Property 1. Introduction In United States v. Guzman, No. 24-2122 (10th Cir. Aug. 8, 2025), the Tenth...
“Who Bears the Clock?” – First Circuit Clarifies Burden-Shifting and Tolling in Puerto Rico Medical-Malpractice Actions (Cruz-Cedeño v. Vega-Moral, 2025)

“Who Bears the Clock?” – First Circuit Clarifies Burden-Shifting and Tolling in Puerto Rico Medical-Malpractice Actions (Cruz-Cedeño v. Vega-Moral, 2025)

Date: Aug 13, 2025
“Who Bears the Clock?” – First Circuit Clarifies Burden-Shifting and Tolling in Puerto Rico Medical-Malpractice Actions Cruz-Cedeño v. Vega-Moral, No. 23-1609 (1st Cir. Aug. 8 2025) 1. Introduction...
“Every Person” Still Means “State Actor” – The Eleventh Circuit Re-Affirms the State-Action Requirement in § 1983 Suits

“Every Person” Still Means “State Actor” – The Eleventh Circuit Re-Affirms the State-Action Requirement in § 1983 Suits

Date: Aug 13, 2025
“Every Person” Still Means “State Actor” – The Eleventh Circuit Re-Affirms the State-Action Requirement in § 1983 Suits Introduction In Albert Clayton Simmons, II v. American Institute of Certified...
Peterka v. FDOC: Eleventh Circuit Confirms Minimal-Notice, Three-Step Grievance Suffices for Prison Email Censorship

Peterka v. FDOC: Eleventh Circuit Confirms Minimal-Notice, Three-Step Grievance Suffices for Prison Email Censorship

Date: Aug 13, 2025
Peterka v. FDOC: Eleventh Circuit Confirms Minimal-Notice, Three-Step Grievance Suffices for Prison Email Censorship Introduction In Daniel Jon Peterka v. Secretary, Florida Department of Corrections...

        Eleventh Circuit Clarifies View-Point Neutrality in Limited Public Forums:
        Habersham County’s “Impertinent or Derogatory Remarks” Rule Held
        Constitutionally Suspect

Eleventh Circuit Clarifies View-Point Neutrality in Limited Public Forums: Habersham County’s “Impertinent or Derogatory Remarks” Rule Held Constitutionally Suspect

Date: Aug 13, 2025
Eleventh Circuit Clarifies View-Point Neutrality in Limited Public Forums: Habersham County’s “Impertinent or Derogatory Remarks” Rule Held Constitutionally Suspect 1. Introduction In Elena Lyadina...
Lopez v. Costco: Treating Physicians & Rule 26 Reports—Retroactive Force of Cedant and the Revived Duty to Issue Conditional New-Trial Rulings under Rule 50(c)(1)

Lopez v. Costco: Treating Physicians & Rule 26 Reports—Retroactive Force of Cedant and the Revived Duty to Issue Conditional New-Trial Rulings under Rule 50(c)(1)

Date: Aug 13, 2025
Lopez v. Costco: Treating Physicians & Rule 26 Reports—Retroactive Force of Cedant and the Revived Duty to Issue Conditional New-Trial Rulings under Rule 50(c)(1) 1. Introduction Tania Maria Lopez, a...
United States v. Brown: Clarifying the “Imminence” Test for §2K2.1(b)(6)(B) Firearm-in-Connection Enhancements

United States v. Brown: Clarifying the “Imminence” Test for §2K2.1(b)(6)(B) Firearm-in-Connection Enhancements

Date: Aug 13, 2025
United States v. Brown: Clarifying the “Imminence” Test for §2K2.1(b)(6)(B) Firearm-in-Connection Enhancements Introduction In United States v. Gabriel Brown, No. 23-13804 (11th Cir. Aug. 7, 2025)...
Eleventh Circuit Clarifies that Non-Retroactive Amendment 709 Cannot Be Used to Achieve “Zero-Point Offender” Relief Under Retroactive Amendment 821

Eleventh Circuit Clarifies that Non-Retroactive Amendment 709 Cannot Be Used to Achieve “Zero-Point Offender” Relief Under Retroactive Amendment 821

Date: Aug 13, 2025
Eleventh Circuit Clarifies that Non-Retroactive Amendment 709 Cannot Be Used to Achieve “Zero-Point Offender” Relief Under Retroactive Amendment 821 Introduction United States v. Lawrence Lombardi,...
Boehringer v. HHS – The Second Circuit Re-Affirms the “Voluntary Participation” Doctrine and Upholds IRA Drug-Price Negotiations

Boehringer v. HHS – The Second Circuit Re-Affirms the “Voluntary Participation” Doctrine and Upholds IRA Drug-Price Negotiations

Date: Aug 13, 2025
Boehringer Ingelheim Pharmaceuticals, Inc. v. Department of Health & Human Services (2d Cir. 2025) Clarifying Voluntary Participation, Unconstitutional Conditions, and APA Exemption under the...
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