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  • Commentaries
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federal Case Commentaries

United States v. LeBlanc: The Fifth Circuit’s Firm Embrace of Diaz and the Historical Disarmament of Property Offenders

United States v. LeBlanc: The Fifth Circuit’s Firm Embrace of Diaz and the Historical Disarmament of Property Offenders

Date: Aug 12, 2025
United States v. LeBlanc: The Fifth Circuit’s Firm Embrace of Diaz and the Historical Disarmament of Property Offenders Introduction United States v. LeBlanc, No. 24-30036 (5th Cir. Aug. 5, 2025),...
Scheme-Wide Scrutiny: United States v. Stone and the Fifth Circuit’s Refined Test for “Sophisticated Means” & “Abuse-of-Trust” Enhancements

Scheme-Wide Scrutiny: United States v. Stone and the Fifth Circuit’s Refined Test for “Sophisticated Means” & “Abuse-of-Trust” Enhancements

Date: Aug 12, 2025
Scheme-Wide Scrutiny: United States v. Stone and the Fifth Circuit’s Refined Test for “Sophisticated Means” & “Abuse-of-Trust” Enhancements 1. Introduction United States v. Stone, No. 24-10115 (5th...
Mandatory Vacatur of Expired PLRA Preliminary Injunctions: Voice of the Experienced v. Westcott

Mandatory Vacatur of Expired PLRA Preliminary Injunctions: Voice of the Experienced v. Westcott

Date: Aug 12, 2025
Mandatory Vacatur of Expired PLRA Preliminary Injunctions: Voice of the Experienced v. Westcott Introduction The Fifth Circuit’s unpublished but precedentially significant decision in Voice of the...
“More Than One Motive”: The Fifth Circuit Confirms that Mixed-Motive Religious Objections Trigger Title VII Protection – Commentary on Wright v. Honeywell International

“More Than One Motive”: The Fifth Circuit Confirms that Mixed-Motive Religious Objections Trigger Title VII Protection – Commentary on Wright v. Honeywell International

Date: Aug 12, 2025
“More Than One Motive” – The Fifth Circuit Confirms that Mixed-Motive Religious Objections Trigger Title VII Protection A Comprehensive Commentary on Wright v. Honeywell International, No. 24-30667...
Guardado v. Bondi: The Fourth Circuit’s New Mandate for Substantive Anti-Circularity Analysis of Particular Social Groups

Guardado v. Bondi: The Fourth Circuit’s New Mandate for Substantive Anti-Circularity Analysis of Particular Social Groups

Date: Aug 12, 2025
Guardado v. Bondi: The Fourth Circuit’s New Mandate for Substantive Anti-Circularity Analysis of Particular Social Groups 1. Introduction Ana Cecilia Hernandez Guardado – a Salvadoran national who...
United States v. Johnson: Fourth Circuit Holds Warrantless Dog Sniff in Common Apartment Hallway Is Not a Fourth-Amendment “Search”

United States v. Johnson: Fourth Circuit Holds Warrantless Dog Sniff in Common Apartment Hallway Is Not a Fourth-Amendment “Search”

Date: Aug 12, 2025
United States v. Johnson: Fourth Circuit Holds Warrantless Dog Sniff in a Common Apartment Hallway Is Not a Fourth-Amendment “Search” Introduction The published Fourth-Circuit decision in United...
“Use” v. “Brandishing” Re-Defined: The Fourth Circuit Adopts the “Imminent-Threat” Test for § 2A4.1(b)(3) Dangerous-Weapon Enhancements

“Use” v. “Brandishing” Re-Defined: The Fourth Circuit Adopts the “Imminent-Threat” Test for § 2A4.1(b)(3) Dangerous-Weapon Enhancements

Date: Aug 12, 2025
“Use” v. “Brandishing” Re-Defined: The Fourth Circuit Adopts the “Imminent-Threat” Test for § 2A4.1(b)(3) Dangerous-Weapon Enhancements Introduction United States v. Thomas Faulls, Sr., No. 23-4532...
The Implicit-Abandonment Rule in Credibility Appeals: A Commentary on Chen v. Bondi (2d Cir. 2025)

The Implicit-Abandonment Rule in Credibility Appeals: A Commentary on Chen v. Bondi (2d Cir. 2025)

Date: Aug 7, 2025
The Implicit-Abandonment Rule in Credibility Appeals: How Chen v. Bondi Strengthens Border-Interview Evidence and Clarifies Pattern-or-Practice Proof 1. Introduction Chen v. Bondi, No. 23-6508 (2d...
“Substantively-the-Same” State Tort Claims Survive: Second Circuit Narrows HMTA Pre-emption in DCC Propane LLC v. KMT Enterprises, Inc.

“Substantively-the-Same” State Tort Claims Survive: Second Circuit Narrows HMTA Pre-emption in DCC Propane LLC v. KMT Enterprises, Inc.

Date: Aug 7, 2025
“Substantively-the-Same” State Tort Claims Survive: Second Circuit Narrows HMTA Pre-emption in DCC Propane LLC v. KMT Enterprises, Inc. 1. Introduction The United States Court of Appeals for the...
“Fairfield Sentry” and the Extraterritorial Safe-Harbor: The Second Circuit Extends § 546(e) to Foreign-Law and Common-Law Claims in Chapter 15 Proceedings

“Fairfield Sentry” and the Extraterritorial Safe-Harbor: The Second Circuit Extends § 546(e) to Foreign-Law and Common-Law Claims in Chapter 15 Proceedings

Date: Aug 7, 2025
“Fairfield Sentry” and the Extraterritorial Safe-Harbor: The Second Circuit Extends § 546(e) to Foreign-Law and Common-Law Claims in Chapter 15 Proceedings Introduction The decision in In re...
Higgins v. SSA: Eleventh Circuit Clarifies ALJ Discretion in Quantifying Off-Task Limits and Assessing Fibromyalgia Claims Under SSR 12-2p

Higgins v. SSA: Eleventh Circuit Clarifies ALJ Discretion in Quantifying Off-Task Limits and Assessing Fibromyalgia Claims Under SSR 12-2p

Date: Aug 7, 2025
Higgins v. Commissioner of Social Security Eleventh Circuit (2025) Introduction The Eleventh Circuit’s non-published decision in Melanie Higgins v. Commissioner of Social Security ushers in a...
Eleventh Circuit Mandates Strict Particularity in Medicare Appeals Council Requests for Review under 42 C.F.R. § 405.1112(b)

Eleventh Circuit Mandates Strict Particularity in Medicare Appeals Council Requests for Review under 42 C.F.R. § 405.1112(b)

Date: Aug 7, 2025
Eleventh Circuit Mandates Strict Particularity in Medicare Appeals Council Requests for Review under 42 C.F.R. § 405.1112(b) Introduction In Rehabilitation Hospital of Phenix City, LLC v. Secretary,...
The “Jackson Investigation Doctrine” – When an Employer’s Good-Faith, Employee-Requested Investigation Defeats Retaliation Claims

The “Jackson Investigation Doctrine” – When an Employer’s Good-Faith, Employee-Requested Investigation Defeats Retaliation Claims

Date: Aug 7, 2025
The “Jackson Investigation Doctrine” Eleventh Circuit clarifies that discipline flowing from an employee-requested, good-faith investigation constitutes a legitimate, non-retaliatory basis for...
Clarifying Standing and Upholding Consent-Conditioned Rental Inspections: The Sixth Circuit’s Decision in Herschfus v. City of Oak Park (2025)

Clarifying Standing and Upholding Consent-Conditioned Rental Inspections: The Sixth Circuit’s Decision in Herschfus v. City of Oak Park (2025)

Date: Aug 7, 2025
Clarifying Standing and Upholding Consent-Conditioned Rental Inspections: The Sixth Circuit’s Decision in Herschfus v. City of Oak Park (2025) 1. Introduction In Brian H. Herschfus v. City of Oak...

        “No Implied Release without Express Words”: Sixth Circuit Clarifies UCC § 9-315 and 
        the Buyer-in-Ordinary-Course Defense in HBKY, LLC v. Elk River Export, LLC

“No Implied Release without Express Words”: Sixth Circuit Clarifies UCC § 9-315 and the Buyer-in-Ordinary-Course Defense in HBKY, LLC v. Elk River Export, LLC

Date: Aug 7, 2025
“No Implied Release without Express Words”: Sixth Circuit Clarifies UCC § 9-315 and the Buyer-in-Ordinary-Course Defense in HBKY, LLC v. Elk River Export, LLC I. Introduction HBKY, LLC v. Elk River...
The “Lowe Rule”: Impeachment-Only Hearsay Cannot Sustain an ELCRA Age-Discrimination Verdict

The “Lowe Rule”: Impeachment-Only Hearsay Cannot Sustain an ELCRA Age-Discrimination Verdict

Date: Aug 7, 2025
The “Lowe Rule”: Impeachment-Only Hearsay Cannot Sustain an ELCRA Age-Discrimination Verdict Introduction Case: Kenneth James Lowe v. Walbro, LLC – United States Court of Appeals for the Sixth...
Sixth Circuit Clarifies Prosecutorial Absolute Immunity for Post-Charge Witness Preparation and Affirms Broad Release under Michigan’s WICA

Sixth Circuit Clarifies Prosecutorial Absolute Immunity for Post-Charge Witness Preparation and Affirms Broad Release under Michigan’s WICA

Date: Aug 7, 2025
Sixth Circuit Clarifies Prosecutorial Absolute Immunity for Post-Charge Witness Preparation and Affirms Broad Release under Michigan’s WICA Introduction In Larry Smith v. Wayne County, Michigan, No....
“One Ignored Complaint Is Enough” – The Sixth Circuit’s Dual Ruling on Excessive-Force Handcuffing and Michigan Gross-Negligence Immunity

“One Ignored Complaint Is Enough” – The Sixth Circuit’s Dual Ruling on Excessive-Force Handcuffing and Michigan Gross-Negligence Immunity

Date: Aug 7, 2025
“One Ignored Complaint Is Enough” – The Sixth Circuit’s Dual Ruling on Excessive-Force Handcuffing and Michigan Gross-Negligence Immunity Introduction Sherrell King v. City of Lincoln Park, Mich.,...
“No Accident in Self-Defense”: Sixth Circuit Clarifies that Intentional Self-Defense Shootings Are Not “Occurrences” Under Michigan Homeowner Policies

“No Accident in Self-Defense”: Sixth Circuit Clarifies that Intentional Self-Defense Shootings Are Not “Occurrences” Under Michigan Homeowner Policies

Date: Aug 7, 2025
“No Accident in Self-Defense”: Sixth Circuit Clarifies that Intentional Self-Defense Shootings Are Not “Occurrences” Under Michigan Homeowner Policies 1. Introduction State Farm Fire & Casualty Co....
“Foreseeability over Self-Defense” – Sixth Circuit Clarifies the Threshold for an “Occurrence” under Michigan Homeowner Policies

“Foreseeability over Self-Defense” – Sixth Circuit Clarifies the Threshold for an “Occurrence” under Michigan Homeowner Policies

Date: Aug 6, 2025
“Foreseeability over Self-Defense” – Sixth Circuit Clarifies the Threshold for an “Occurrence” under Michigan Homeowner Policies Introduction State Farm Fire & Casualty Co. v. Daniele Giannone, Nos....
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