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  • Commentaries
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federal Case Commentaries

The No‑Loss Rule for Form Violations at Summary Judgment: Fifth Circuit Limits Enforcement of Judge‑Specific Footnote Citation Bans

The No‑Loss Rule for Form Violations at Summary Judgment: Fifth Circuit Limits Enforcement of Judge‑Specific Footnote Citation Bans

Date: Nov 7, 2025
The No‑Loss Rule for Form Violations at Summary Judgment: Fifth Circuit Limits Enforcement of Judge‑Specific Footnote Citation Bans Introduction In Washington v. Edwards Lifesciences, No. 25-10357...
Fork-in-the-Road under Revised La. C.C.P. art. 3653: Courts Must Choose Between Paragraph (A)(1) and (A)(2) Based on Defendant’s Possession — Commentary on Winans v. McKay (5th Cir. 2025)

Fork-in-the-Road under Revised La. C.C.P. art. 3653: Courts Must Choose Between Paragraph (A)(1) and (A)(2) Based on Defendant’s Possession — Commentary on Winans v. McKay (5th Cir. 2025)

Date: Nov 7, 2025
Fork-in-the-Road under Revised La. C.C.P. art. 3653: Courts Must Choose Between Paragraph (A)(1) and (A)(2) Based on Defendant’s Possession — Commentary on Winans v. McKay (5th Cir. 2025)...
Aggregation Controls FSA Credits: Any Disqualifying Conviction Bars First Step Act Time Credits for the Entire Aggregate Term (Bonnie v. Dunbar, 4th Cir. 2025)

Aggregation Controls FSA Credits: Any Disqualifying Conviction Bars First Step Act Time Credits for the Entire Aggregate Term (Bonnie v. Dunbar, 4th Cir. 2025)

Date: Nov 7, 2025
Aggregation Controls FSA Credits: Any Disqualifying Conviction Bars First Step Act Time Credits for the Entire Aggregate Term Commentary on Gregory Allen Bonnie v. Warden Dunbar, No. 24-6665 (4th...
Post‑Hoc Alternative Grounds Do Not Cure Fabrications: Fourth Circuit Affirms Frivolous Asylum Finding and Demands Individualized Proof for Withholding/CAT Remands

Post‑Hoc Alternative Grounds Do Not Cure Fabrications: Fourth Circuit Affirms Frivolous Asylum Finding and Demands Individualized Proof for Withholding/CAT Remands

Date: Nov 7, 2025
Post‑Hoc Alternative Grounds Do Not Cure Fabrications: Fourth Circuit Affirms Frivolous Asylum Finding and Demands Individualized Proof for Withholding/CAT Remands Case: Gurwinder Singh v. Pamela Jo...
De Novo, Not Clear Error: Fourth Circuit Requires BIA to Review Application of the § 1101(f)(6) False-Testimony Bar De Novo and Reaffirms Jurisdiction over Mixed Questions Post-Wilkinson

De Novo, Not Clear Error: Fourth Circuit Requires BIA to Review Application of the § 1101(f)(6) False-Testimony Bar De Novo and Reaffirms Jurisdiction over Mixed Questions Post-Wilkinson

Date: Nov 7, 2025
De Novo, Not Clear Error: Fourth Circuit Requires BIA to Review Application of the § 1101(f)(6) False-Testimony Bar De Novo and Reaffirms Jurisdiction over Mixed Questions Post-Wilkinson Introduction...
"Actual Innocence Plus" Reaffirmed: The Tenth Circuit’s Gatekeeping Standard for Successive § 2254 Petitions in In re: Macklin

"Actual Innocence Plus" Reaffirmed: The Tenth Circuit’s Gatekeeping Standard for Successive § 2254 Petitions in In re: Macklin

Date: Nov 7, 2025
"Actual Innocence Plus" Reaffirmed: The Tenth Circuit’s Gatekeeping Standard for Successive § 2254 Petitions in In re: Macklin Introduction In In re: Macklin, No. 25-6160 (10th Cir. Nov. 5, 2025),...
Reaffirming the “One Central Reason” Nexus and CAT Acquiescence Requirements in Private-Actor Extortion Cases: Commentary on Baldiviezo Castro v. Bondi (2d Cir. Summary Order)

Reaffirming the “One Central Reason” Nexus and CAT Acquiescence Requirements in Private-Actor Extortion Cases: Commentary on Baldiviezo Castro v. Bondi (2d Cir. Summary Order)

Date: Nov 7, 2025
Reaffirming the “One Central Reason” Nexus and CAT Acquiescence Requirements in Private-Actor Extortion Cases: Commentary on Baldiviezo Castro v. Bondi (2d Cir. Summary Order) Note on precedential...
Coverage-Action Litigation Costs Are a Present Injury for Ripeness; An Insurance Broker’s Specific Undertaking Creates a Duty to Notify the Insurer

Coverage-Action Litigation Costs Are a Present Injury for Ripeness; An Insurance Broker’s Specific Undertaking Creates a Duty to Notify the Insurer

Date: Nov 7, 2025
Coverage-Action Litigation Costs Are a Present Injury for Ripeness; An Insurance Broker’s Specific Undertaking Creates a Duty to Notify the Insurer A commentary on Paro Mgmt. Co., Inc. v. Willis of...
“Lozada Lives After Loper Bright”: Second Circuit Reaffirms Strict Lozada Compliance for Ineffective-Assistance-Based Motions to Reopen and Enforces Petition Deadlines Under Riley v. Bondi

“Lozada Lives After Loper Bright”: Second Circuit Reaffirms Strict Lozada Compliance for Ineffective-Assistance-Based Motions to Reopen and Enforces Petition Deadlines Under Riley v. Bondi

Date: Nov 7, 2025
“Lozada Lives After Loper Bright”: Second Circuit Reaffirms Strict Lozada Compliance for Ineffective-Assistance-Based Motions to Reopen and Enforces Petition Deadlines Under Riley v. Bondi...
No Equitable Tolling for Post-Order Eligibility: Second Circuit Denies Untimely Reopening for Non-LPR Cancellation in Wang v. Bondi

No Equitable Tolling for Post-Order Eligibility: Second Circuit Denies Untimely Reopening for Non-LPR Cancellation in Wang v. Bondi

Date: Nov 7, 2025
No Equitable Tolling for Post-Order Eligibility: Second Circuit Denies Untimely Reopening for Non-LPR Cancellation in Wang v. Bondi Court: U.S. Court of Appeals for the Second Circuit (Summary Order...
Eleventh Circuit reaffirms Florida third-party bad-faith duties: valuation disputes are no shield where the insurer ignores medical risk and fails to communicate settlement opportunities

Eleventh Circuit reaffirms Florida third-party bad-faith duties: valuation disputes are no shield where the insurer ignores medical risk and fails to communicate settlement opportunities

Date: Nov 7, 2025
Eleventh Circuit reaffirms Florida third-party bad-faith duties: valuation disputes are no shield where the insurer ignores medical risk and fails to communicate settlement opportunities Introduction...
Alternative Sentence + Substantive Reasonableness = Harmless Guideline Error: Eleventh Circuit affirms despite career-offender dispute and recognizes Conage/Rowe superseding Shannon

Alternative Sentence + Substantive Reasonableness = Harmless Guideline Error: Eleventh Circuit affirms despite career-offender dispute and recognizes Conage/Rowe superseding Shannon

Date: Nov 7, 2025
Alternative Sentence + Substantive Reasonableness = Harmless Guideline Error: Eleventh Circuit affirms despite career-offender dispute and recognizes Conage/Rowe superseding Shannon Introduction In...
Inferring Federal “Intended Use” from Historical Plans: Eleventh Circuit Affirms U.S. Title to Wisteria Island under the Submerged Lands Act

Inferring Federal “Intended Use” from Historical Plans: Eleventh Circuit Affirms U.S. Title to Wisteria Island under the Submerged Lands Act

Date: Nov 7, 2025
Inferring Federal “Intended Use” from Historical Plans: Eleventh Circuit Affirms U.S. Title to Wisteria Island under the Submerged Lands Act Introduction In United States v. F.E.B. Corp. (No....
Credible Testimony of Dismissed “Hands‑On” Abuse May Justify Upward Variance in Child‑Pornography Sentencing under § 3553(a): United States v. Robledo (11th Cir. 2025)

Credible Testimony of Dismissed “Hands‑On” Abuse May Justify Upward Variance in Child‑Pornography Sentencing under § 3553(a): United States v. Robledo (11th Cir. 2025)

Date: Nov 7, 2025
Credible Testimony of Dismissed “Hands‑On” Abuse May Justify Upward Variance in Child‑Pornography Sentencing under § 3553(a): United States v. Robledo (11th Cir. 2025) Introduction This commentary...
Eleventh Circuit Reaffirms Strict “Sound Reasons” Requirement for Coram Nobis and Confirms Rule 11 Errors Are Non‑Jurisdictional

Eleventh Circuit Reaffirms Strict “Sound Reasons” Requirement for Coram Nobis and Confirms Rule 11 Errors Are Non‑Jurisdictional

Date: Nov 7, 2025
Eleventh Circuit Reaffirms Strict “Sound Reasons” Requirement for Coram Nobis and Confirms Rule 11 Errors Are Non‑Jurisdictional Introduction In W. Lawrence LeNeve v. United States, No. 25-11992...
Hall v. Masters: Dual-Standard Failure of Proof in Civil Detainee Water-Safety Claims and Discretion to Deny Court-Appointed Experts and Deposition Assistance

Hall v. Masters: Dual-Standard Failure of Proof in Civil Detainee Water-Safety Claims and Discretion to Deny Court-Appointed Experts and Deposition Assistance

Date: Nov 7, 2025
Hall v. Masters: Dual-Standard Failure of Proof in Civil Detainee Water-Safety Claims and Discretion to Deny Court-Appointed Experts and Deposition Assistance Introduction In Wendall Jermaine Hall v....
Weaponizing Protective Orders Against Criticism Is Clearly Established First Amendment Retaliation; Private Social-Media Assistance Can Create State Action via Conspiracy

Weaponizing Protective Orders Against Criticism Is Clearly Established First Amendment Retaliation; Private Social-Media Assistance Can Create State Action via Conspiracy

Date: Nov 7, 2025
Weaponizing Protective Orders Against Criticism Is Clearly Established First Amendment Retaliation; Private Social-Media Assistance Can Create State Action via Conspiracy Case: Charles Blackwell v....
No Shield in a PPO: Retaliatory Protective Orders Against Citizen Critics Clearly Violate the First Amendment, and Private Co‑Conspirators Act Under Color of Law

No Shield in a PPO: Retaliatory Protective Orders Against Citizen Critics Clearly Violate the First Amendment, and Private Co‑Conspirators Act Under Color of Law

Date: Nov 7, 2025
No Shield in a PPO: Retaliatory Protective Orders Against Citizen Critics Clearly Violate the First Amendment, and Private Co‑Conspirators Act Under Color of Law Introduction In Charles Blackwell v....
Form Is Substance: Sixth Circuit Demands Non‑Speculative Highest‑and‑Best‑Use for Conservation Easements and Enforces Partnership‑Year Timing in Corning Place v. Commissioner

Form Is Substance: Sixth Circuit Demands Non‑Speculative Highest‑and‑Best‑Use for Conservation Easements and Enforces Partnership‑Year Timing in Corning Place v. Commissioner

Date: Nov 7, 2025
Form Is Substance: Sixth Circuit Demands Non‑Speculative Highest‑and‑Best‑Use for Conservation Easements and Enforces Partnership‑Year Timing in Corning Place v. Commissioner Introduction In Corning...
One Day Late Is Jurisdictionally Fatal: Sixth Circuit Holds Rule 4(a)(5)’s Extension Window Is Jurisdictional and Dismisses Settlement Appeals for Failure to Post Rule 7 Bond

One Day Late Is Jurisdictionally Fatal: Sixth Circuit Holds Rule 4(a)(5)’s Extension Window Is Jurisdictional and Dismisses Settlement Appeals for Failure to Post Rule 7 Bond

Date: Nov 7, 2025
One Day Late Is Jurisdictionally Fatal: Sixth Circuit Holds Rule 4(a)(5)’s Extension Window Is Jurisdictional and Dismisses Settlement Appeals for Failure to Post Rule 7 Bond Introduction In a...
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