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  • Commentaries
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federal Case Commentaries

Empowering the Jury: Third Circuit Clarifies When Expert Causation Testimony Is Unnecessary in Pennsylvania Products-Liability Litigation

Empowering the Jury: Third Circuit Clarifies When Expert Causation Testimony Is Unnecessary in Pennsylvania Products-Liability Litigation

Date: Aug 5, 2025
Empowering the Jury: Third Circuit Clarifies When Expert Causation Testimony Is Unnecessary in Pennsylvania Products-Liability Litigation I. Introduction In Keith Slatowski v. Sig Sauer Inc., No....
Ownership Alone Is Not Command: Third Circuit Clarifies “Person in Charge” Standard Under 18 U.S.C. § 2237(a)(1)

Ownership Alone Is Not Command: Third Circuit Clarifies “Person in Charge” Standard Under 18 U.S.C. § 2237(a)(1)

Date: Aug 5, 2025
Ownership Alone Is Not Command: Third Circuit Clarifies “Person in Charge” Standard Under 18 U.S.C. § 2237(a)(1) 1. Introduction United States v. Jorge Romero-Amaro (3d Cir. 2025) addresses a...
“From Jury-Room to Courtroom Immunity” — Fifth Circuit Clarifies that Presiding over a General Jury Assembly Is a Judicial Act Protected by Absolute Immunity

“From Jury-Room to Courtroom Immunity” — Fifth Circuit Clarifies that Presiding over a General Jury Assembly Is a Judicial Act Protected by Absolute Immunity

Date: Aug 5, 2025
“From Jury-Room to Courtroom Immunity” — Fifth Circuit Clarifies that Presiding over a General Jury Assembly Is a Judicial Act Protected by Absolute Immunity 1. Introduction In Jones v. King,...
United States v. Hernandez: Narrowing Remand under Rule 36 to True Clerical Errors

United States v. Hernandez: Narrowing Remand under Rule 36 to True Clerical Errors

Date: Aug 5, 2025
United States v. Hernandez: Narrowing Remand under Rule 36 to True Clerical Errors 1. Introduction In United States v. Hernandez, No. 24-11053 (5th Cir. Aug. 1, 2025), the United States Court of...
“No Categorical ‘Idiocy’ Exemption”: Sixth Circuit Clarifies the Boundary between Ford Competency Claims and Atkins Intellectual-Disability Claims in Successive Habeas Petitions

“No Categorical ‘Idiocy’ Exemption”: Sixth Circuit Clarifies the Boundary between Ford Competency Claims and Atkins Intellectual-Disability Claims in Successive Habeas Petitions

Date: Aug 5, 2025
“No Categorical ‘Idiocy’ Exemption”: Sixth Circuit Clarifies the Boundary between Ford Competency Claims and Atkins Intellectual-Disability Claims in Successive Habeas Petitions 1. Introduction In In...
“Statute-of-Conviction” Supremacy in First Step Act Motions:  A Commentary on United States v. Ervin Junius Thornton, II (6th Cir. 2025)

“Statute-of-Conviction” Supremacy in First Step Act Motions: A Commentary on United States v. Ervin Junius Thornton, II (6th Cir. 2025)

Date: Aug 5, 2025
“Statute-of-Conviction” Supremacy in First Step Act Motions A Comprehensive Commentary on United States v. Ervin Junius Thornton, II, 6th Cir., Aug. 1 2025 I. Introduction In United States v. Ervin...
United States v. Abdellatif: The Sixth Circuit’s Re-affirmation of the “Plain-Error / Formidable-Barrier” Doctrine for Post-Plea Competency & Coercion Claims

United States v. Abdellatif: The Sixth Circuit’s Re-affirmation of the “Plain-Error / Formidable-Barrier” Doctrine for Post-Plea Competency & Coercion Claims

Date: Aug 5, 2025
United States v. Abdellatif: The Sixth Circuit’s Re-affirmation of the “Plain-Error / Formidable-Barrier” Doctrine for Post-Plea Competency & Coercion Challenges Introduction In United States v....
Sixth Circuit Clarifies: Ohio Aggravated Robbery Is “Generic Extortion” Under U.S.S.G. § 4B1.2(a)(2)

Sixth Circuit Clarifies: Ohio Aggravated Robbery Is “Generic Extortion” Under U.S.S.G. § 4B1.2(a)(2)

Date: Aug 5, 2025
Sixth Circuit Clarifies: Ohio Aggravated Robbery Is “Generic Extortion” Under U.S.S.G. § 4B1.2(a)(2) Introduction United States v. Sha-Kim Mandela, No. 24-3718 (6th Cir. Aug. 1, 2025) (unpublished),...
Extending the Williamson-County “Finality” Requirement to ADA and Rehabilitation Act Zoning Claims – A Commentary on Chosen Consulting, LLC v. Town Council of Highland, Indiana

Extending the Williamson-County “Finality” Requirement to ADA and Rehabilitation Act Zoning Claims – A Commentary on Chosen Consulting, LLC v. Town Council of Highland, Indiana

Date: Aug 5, 2025
Extending the Williamson-County “Finality” Requirement to ADA and Rehabilitation Act Zoning Claims A Comprehensive Commentary on Chosen Consulting, LLC v. Town Council of Highland, Indiana, 7th Cir.,...
Padua v. Bisignano: Seventh Circuit Clarifies How ALJs Must Evaluate Fibromyalgia Claims Filed Before 2017 Under the Treating-Physician Rule

Padua v. Bisignano: Seventh Circuit Clarifies How ALJs Must Evaluate Fibromyalgia Claims Filed Before 2017 Under the Treating-Physician Rule

Date: Aug 5, 2025
Padua v. Bisignano: Seventh Circuit Clarifies How ALJs Must Evaluate Fibromyalgia Claims Filed Before 2017 Under the Treating-Physician Rule 1. Introduction In Jada M. Padua v. Frank Bisignano,...

The Arrington Doctrine:
Seventh Circuit Confirms Joint-Enterprise Imputed Negligence
Applies to Criminal Ventures and Limits the Reach of State
Dead-Man Statutes in Mixed Federal–State Actions

The Arrington Doctrine: Seventh Circuit Confirms Joint-Enterprise Imputed Negligence Applies to Criminal Ventures and Limits the Reach of State Dead-Man Statutes in Mixed Federal–State Actions

Date: Aug 5, 2025
The Arrington Doctrine Seventh Circuit Confirms Joint-Enterprise Imputed Negligence Applies to Criminal Ventures and Limits the Reach of State Dead-Man Statutes in Mixed Federal–State Actions 1....

        Arrington v. City of Chicago (7th Cir. 2025):  Joint-Enterprise Negligence Extends to Criminal Ventures & 
        Limits on Illinois Dead Man’s Act in Mixed Federal–State Claims

Arrington v. City of Chicago (7th Cir. 2025): Joint-Enterprise Negligence Extends to Criminal Ventures & Limits on Illinois Dead Man’s Act in Mixed Federal–State Claims

Date: Aug 5, 2025
Seventh Circuit Commentary: Arrington v. City of Chicago – Joint Enterprise Doctrine Embraces Criminal Ventures & Rule 601 Trumps Illinois Dead Man’s Act in Mixed Claims 1. Introduction The...

        Seventh Circuit Clarifies that Public-University Social-Media Comment Threads 
        Are “Limited Public Forums” Subject to Viewpoint-Neutral Moderation

Seventh Circuit Clarifies that Public-University Social-Media Comment Threads Are “Limited Public Forums” Subject to Viewpoint-Neutral Moderation

Date: Aug 5, 2025
Seventh Circuit Clarifies that Public-University Social-Media Comment Threads Are “Limited Public Forums” Subject to Viewpoint-Neutral Moderation Introduction In Madeline Krasno v. Jennifer Mnookin,...

        Seventh Circuit Clarifies Joint-Enterprise Contributory Negligence in Criminal Ventures 
        and Narrows Illinois Dead-Man’s Act in Mixed Federal / State Actions

Seventh Circuit Clarifies Joint-Enterprise Contributory Negligence in Criminal Ventures and Narrows Illinois Dead-Man’s Act in Mixed Federal / State Actions

Date: Aug 5, 2025
Seventh Circuit Clarifies Joint-Enterprise Contributory Negligence in Criminal Ventures and Narrows Illinois Dead-Man’s Act in Mixed Federal / State Actions Introduction In Michael Cokes v. City of...
No Manifest Necessity Without a Real Rule:
            The Seventh Circuit Clarifies §2241 Double-Jeopardy Relief in
            Mitchell Green v. Milwaukee County Circuit Court (2025)

No Manifest Necessity Without a Real Rule: The Seventh Circuit Clarifies §2241 Double-Jeopardy Relief in Mitchell Green v. Milwaukee County Circuit Court (2025)

Date: Aug 5, 2025
No Manifest Necessity Without a Real Rule: The Seventh Circuit Clarifies §2241 Double-Jeopardy Relief in Mitchell Green v. Milwaukee County Circuit Court (2025) 1. Introduction This commentary...
United States v. Stafford: Prior-Day Evidence as “Intrinsic” to Charged Conduct and the Knowledge Threshold for §2K2.1(b)(5)

United States v. Stafford: Prior-Day Evidence as “Intrinsic” to Charged Conduct and the Knowledge Threshold for §2K2.1(b)(5)

Date: Aug 5, 2025
United States v. Stafford: Prior-Day Evidence as “Intrinsic” to Charged Conduct and the Knowledge Threshold for §2K2.1(b)(5) 1. Introduction On 1 August 2025 the United States Court of Appeals for...
“Translator-Conspirator”: Seventh Circuit Clarifies the Buyer-Seller Limitation and the Scope of Criminal Liability for Non-Traditional Roles in Drug Conspiracies

“Translator-Conspirator”: Seventh Circuit Clarifies the Buyer-Seller Limitation and the Scope of Criminal Liability for Non-Traditional Roles in Drug Conspiracies

Date: Aug 5, 2025
“Translator-Conspirator”: Seventh Circuit Clarifies the Buyer-Seller Limitation and the Scope of Criminal Liability for Non-Traditional Roles in Drug Conspiracies Introduction United States v....
“Equal in the Venture” – Seventh Circuit Clarifies Translator-Participation Liability, Buyer–Seller Instructions, and Minor-Role Reductions in United States v. Sheldon Morales

“Equal in the Venture” – Seventh Circuit Clarifies Translator-Participation Liability, Buyer–Seller Instructions, and Minor-Role Reductions in United States v. Sheldon Morales

Date: Aug 5, 2025
“Equal in the Venture” – Seventh Circuit Clarifies Translator-Participation Liability, Buyer–Seller Instructions, and Minor-Role Reductions in United States v. Sheldon Morales 1. Introduction The...
“Arising-Under Jurisdiction” Extends to Solvent Debtors: The Bestwall Rule on Bankruptcy Court Authority

“Arising-Under Jurisdiction” Extends to Solvent Debtors: The Bestwall Rule on Bankruptcy Court Authority

Date: Aug 5, 2025
“Arising-Under Jurisdiction” Extends to Solvent Debtors: Bestwall LLC v. Official Committee of Asbestos Claimants and the Constitutional Scope of Bankruptcy Court Authority Introduction In Bestwall...
“Sign-In-Wrap” Arbitration Clauses Receive Fourth-Circuit Blessing: Austin v. Experian Information Solutions, Inc.

“Sign-In-Wrap” Arbitration Clauses Receive Fourth-Circuit Blessing: Austin v. Experian Information Solutions, Inc.

Date: Aug 5, 2025
“Sign-In-Wrap” Arbitration Clauses Receive Fourth-Circuit Blessing: Darrell Austin, Jr. v. Experian Information Solutions, Inc. 1. Introduction The Fourth Circuit’s published decision in Austin v....
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