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Exhaustion, Heavy-Burden Remands, and Unfulfilled Threats: The Second Circuit’s Summary Order in Reyes‑Chavarria v. Bondi Introduction In Reyes‑Chavarria v. Bondi, No. 24-1315 (2d Cir. Nov. 13, 2025)...
No PSG Defined by Harm; Exhaustion Required: Second Circuit in Rojas-Toledo and the 2025 AG Reset of Domestic-Violence Asylum Law Introduction In Rojas-Toledo v. Bondi, No. 24-500 (2d Cir. Nov. 13,...
United States v. Langhorne (2d Cir. 2025): Summary Order Reaffirming Sufficiency Standards, Harmless-Error Disposition of Unpreserved Rule 702 Challenge, Confrontation Clause Limits on...
PSR Notice and “Self‑Evident” Rationales Sustain Discretionary Supervised‑Release Conditions on Plain‑Error Review: Commentary on United States v. Oliva (2d Cir. 2025) Introduction In United States...
Materialized Risks Must Be Disclosed—Second Circuit Vacates Dismissal of Securities Act Claims and Confirms Rule 8 Pleading for Negligence-Based Section 11/12 Claims (Van v. Bright Health Group,...
Marketing-Triggered Age Restrictions on Dietary Supplements Survive Central Hudson and Avoid FDCA Preemption: Second Circuit Affirms Denial of Preliminary Injunction in CRN v. James Introduction This...
Paused-Clock Timeliness After Reopening and Strict Pleading Standards in Meme-Stock RICO/Antitrust Suits: Donnahue George v. Ken Griffin (11th Cir. 2025) Introduction In an unpublished, per curiam...
Community-Protection Inferences from Repeated Drug Use Permissibly Support Revocation Sentences: Eleventh Circuit Affirms Within-Guidelines Term After Esteras Introduction In United States v. Edward...
No Final Decision, No Federal Case: Sixth Circuit Clarifies Finality for Land‑Use and RLUIPA Claims; Code‑Enforcement Threats Are Not “Threats of Force” Under the FACE Act Introduction In Daniel...
Enforcement of Prefiling Restrictions and Waiver by Inadequate Briefing: Tenth Circuit Affirms Striking of Post‑Judgment Motion and Labels Appeal Frivolous in Massey v. Computershare Introduction In...
No Collateral Attacks on Subject-Matter Jurisdiction: Tenth Circuit reinforces res judicata and upholds fees and filing restrictions in Massey v. Computershare Introduction In Massey v. Computershare...
Rejecting Relevant Conduct Triggers § 3584’s Consecutive Default—and Underdeveloped Plain-Error Appeals Are Waived Introduction In United States v. Cerrato-Avila, No. 24-1193 (10th Cir. Nov. 13,...
Tenth Circuit Reaffirms Non‑Cognizability of Restitution Challenges Under § 2255 and Emphasizes Frye Prejudice Showing for Plea‑Bargaining IAC at the COA Stage Introduction In United States v....
Refusal to Participate in Internal Investigation Is Not Protected Activity Absent a Contemporaneous, Good‑Faith Belief of Opposing Discrimination Court: United States Court of Appeals for the Seventh...
“Appearance” Requires Readiness to Proceed: Seventh Circuit’s Nonprecedential Reaffirmation on Self-Representation, Speedy Trial Exclusions, and Sentencing Enhancements in United States v. Kevin...
No Default Without Proper Service: Third Circuit Reaffirms Nonparty-Service Requirement and Disfavors Defaults in Pro Se § 1983 Litigation Introduction In John M. Gera v. Borough of Frackville, the...
Waiver-by-Amendment: Third Circuit Finds Plaintiff Forfeits Challenge to Removal by Non-Defendant After Adding Remover as a Party; Case-Management Memoranda Count as “Other Paper” for § 1446(b)(3)...
Post-Esteras boundaries on “seriousness” at supervised-release revocation: Third Circuit affirms upward variance in United States v. Hardeman Introduction In United States v. Taire Hardeman, the...
Post‑Esteras Boundaries in Revocation Sentencing: Third Circuit Affirms Upward Variance Grounded in Breach of Trust and Violation Conduct United States v. Taire Hardeman, No. 24‑2832 & 24‑3230 (3d...