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  • Commentaries
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federal Case Commentaries

Goldberg v. Skyline Tower Painting, Inc.—Fourth Circuit Affirms Dual Appellate Pathways for CAFA Remand Orders and Clarifies the “Local-Controversy” Exception

Goldberg v. Skyline Tower Painting, Inc.—Fourth Circuit Affirms Dual Appellate Pathways for CAFA Remand Orders and Clarifies the “Local-Controversy” Exception

Date: Aug 5, 2025
Fourth Circuit Affirms Dual Appellate Pathways for CAFA Remand Orders and Clarifies the “Local-Controversy” Exception Introduction The consolidated appeals in Elizabeth Goldberg v. Skyline Tower...
Dual-Track Appellate Review of CAFA Remand Orders and the Rebuttable-Presumption Test for Local-Controversy Citizenship: A Commentary on Elizabeth Goldberg v. Television Tower, Inc.

Dual-Track Appellate Review of CAFA Remand Orders and the Rebuttable-Presumption Test for Local-Controversy Citizenship: A Commentary on Elizabeth Goldberg v. Television Tower, Inc.

Date: Aug 5, 2025
Dual-Track Appellate Review of CAFA Remand Orders and the Rebuttable-Presumption Test for Local-Controversy Citizenship A Comprehensive Commentary on Elizabeth Goldberg v. Television Tower, Inc. (4th...
Fourth Circuit Confirms Dual Appellate Paths Under CAFA: Remand Orders Appealable as-of-Right under 28 U.S.C. § 1291

Fourth Circuit Confirms Dual Appellate Paths Under CAFA: Remand Orders Appealable as-of-Right under 28 U.S.C. § 1291

Date: Aug 5, 2025
Fourth Circuit Confirms Dual Appellate Paths Under CAFA: Remand Orders Appealable as-of-Right under 28 U.S.C. § 1291 Introduction In Skyline Tower Painting, Inc. v. Goldberg, Nos. 24-141 et al. (4th...
“Dual-Track Appeals & the Residency Presumption” – The Fourth Circuit’s New Guidance on CAFA Remand Orders in Television Tower, Inc. v. Goldberg

“Dual-Track Appeals & the Residency Presumption” – The Fourth Circuit’s New Guidance on CAFA Remand Orders in Television Tower, Inc. v. Goldberg

Date: Aug 5, 2025
“Dual-Track Appeals & the Residency Presumption” – New Fourth-Circuit Precedent on Reviewing CAFA Remand Orders Introduction In Television Tower, Inc. v. Goldberg, Nos. 24-141/142 & 24-1250/1251,...
“Beyond the Numbers” – Fourth Circuit Clarifies the Proof Standard for Selective-Enforcement Claims in United States v. Moore

“Beyond the Numbers” – Fourth Circuit Clarifies the Proof Standard for Selective-Enforcement Claims in United States v. Moore

Date: Aug 5, 2025
“Beyond the Numbers” – Fourth Circuit Clarifies the Proof Standard for Selective-Enforcement Claims in United States v. Moore Introduction In United States v. Keith Rodney Moore, the U.S. Court of...
Clarifying Diversity Jurisdiction: Trust Citizenship Rules Apply at Every Ownership Layer – Commentary on ADA Carbon Solutions (Red River) v. Atlas Carbon

Clarifying Diversity Jurisdiction: Trust Citizenship Rules Apply at Every Ownership Layer – Commentary on ADA Carbon Solutions (Red River) v. Atlas Carbon

Date: Aug 5, 2025
Clarifying Diversity Jurisdiction: Trust Citizenship Rules Apply at Every Ownership Layer – ADA Carbon Solutions (Red River) v. Atlas Carbon (10th Cir. 2025) 1. Introduction ADA Carbon Solutions (Red...
Public Knowledge Is Not Enough: Amiryan v. Bondi and the Social-Distinction Requirement for Informant-Based Particular Social Groups

Public Knowledge Is Not Enough: Amiryan v. Bondi and the Social-Distinction Requirement for Informant-Based Particular Social Groups

Date: Aug 5, 2025
Public Knowledge Is Not Enough: Amiryan v. Bondi and the Social-Distinction Requirement for Informant-Based Particular Social Groups Introduction Amiryan v. Bondi, No. 24-9564 (10th Cir. Aug. 1,...
Tenth Circuit Bars Collateral Attacks on State Convictions in Revocation Sentencing: A Commentary on United States v. Beck (2025)

Tenth Circuit Bars Collateral Attacks on State Convictions in Revocation Sentencing: A Commentary on United States v. Beck (2025)

Date: Aug 5, 2025
Tenth Circuit Bars Collateral Attacks on State Convictions in Revocation Sentencing: United States v. Beck (2025) 1. Introduction United States v. Beck, No. 24-7036, decided by the U.S. Court of...
United States v. Clark: Reinforcing Rule 32 Fact-Finding Duties When Disputed PSR Allegations Drive Supervised-Release Conditions

United States v. Clark: Reinforcing Rule 32 Fact-Finding Duties When Disputed PSR Allegations Drive Supervised-Release Conditions

Date: Aug 5, 2025
United States v. Clark: Reinforcing Rule 32 Fact-Finding Duties When Disputed PSR Allegations Drive Supervised-Release Conditions Introduction The Tenth Circuit’s decision in United States v. Clark,...
United States v. Peshlakai – Limiting the Exclusionary Rule: No Automatic Suppression for Violations of Tribal Federal-Detainer Statutes

United States v. Peshlakai – Limiting the Exclusionary Rule: No Automatic Suppression for Violations of Tribal Federal-Detainer Statutes

Date: Aug 5, 2025
United States v. Peshlakai – Limiting the Exclusionary Rule: No Automatic Suppression for Violations of Tribal Federal-Detainer Statutes Introduction In United States v. Peshlakai, the Tenth Circuit...
The Shelton Doctrine: Implicit Compliance with § 3553(a)(6) Sustains Upward Variances

The Shelton Doctrine: Implicit Compliance with § 3553(a)(6) Sustains Upward Variances

Date: Aug 5, 2025
The Shelton Doctrine: Implicit Compliance with § 3553(a)(6) Sustains Upward Variances Introduction United States v. Shelton, No. 24-6100 (10th Cir. 2025), addresses whether a sentencing court must...
United States v. Summers:  Tenth Circuit Affirms “Signature-Modus” Exception for Prior Child-Sex Acts Under Rule 404(b)

United States v. Summers: Tenth Circuit Affirms “Signature-Modus” Exception for Prior Child-Sex Acts Under Rule 404(b)

Date: Aug 5, 2025
United States v. Summers: The Tenth Circuit’s Refined Standard for Admitting Prior Child-Sex Evidence as “Signature Modus Operandi” Under Rule 404(b) Introduction United States v. Summers,...
Change in Law Alone Is Not an “Extraordinary Circumstance”: The Post-Remand Rule 60(b)(6) Boundary in Waetzig v. Halliburton Energy Services

Change in Law Alone Is Not an “Extraordinary Circumstance”: The Post-Remand Rule 60(b)(6) Boundary in Waetzig v. Halliburton Energy Services

Date: Aug 5, 2025
Change in Law Alone Is Not an “Extraordinary Circumstance”: The Post-Remand Rule 60(b)(6) Boundary in Waetzig v. Halliburton Energy Services 1. Introduction Court – Date: United States Court of...
Third Circuit Narrows the Reach of PHRA’s “Best Able and Most Competent” Clause and Raises the Bar for Certified Questions

Third Circuit Narrows the Reach of PHRA’s “Best Able and Most Competent” Clause and Raises the Bar for Certified Questions

Date: Aug 5, 2025
Third Circuit Narrows the Reach of PHRA’s “Best Able and Most Competent” Clause and Raises the Bar for Certified Questions Introduction The decision in Pamela Kern v. DAS Companies Inc. (3d Cir. No....

        Third Circuit Declares “Non-Renewal” Clauses That Waive NJFPA Protections Unenforceable:
        Commentary on Scion Hotels LLC v. Holiday Hospitality Franchising LLC

Third Circuit Declares “Non-Renewal” Clauses That Waive NJFPA Protections Unenforceable: Commentary on Scion Hotels LLC v. Holiday Hospitality Franchising LLC

Date: Aug 5, 2025
Third Circuit Declares “Non-Renewal” Clauses That Waive NJFPA Protections Unenforceable: Commentary on Scion Hotels LLC v. Holiday Hospitality Franchising LLC, No. 24-2800 (3d Cir. 2025) 1....
“Targeted Maritime Presumptions” – Case-by-Case Application of the Louisiana and Pennsylvania Rules after Gulf Island Shipyards v. LaShip (5th Cir. 2025)

“Targeted Maritime Presumptions” – Case-by-Case Application of the Louisiana and Pennsylvania Rules after Gulf Island Shipyards v. LaShip (5th Cir. 2025)

Date: Aug 5, 2025
“Targeted Maritime Presumptions” – Case-by-Case Application of the Louisiana and Pennsylvania Rules after Gulf Island Shipyards v. LaShip (5th Cir. 2025) Introduction Hurricane Ida’s catastrophic...
Anderson v. Ferguson – No Clearly-Established Prohibition on Police Use of the “Mandibular-Angle” Pressure Point Technique

Anderson v. Ferguson – No Clearly-Established Prohibition on Police Use of the “Mandibular-Angle” Pressure Point Technique

Date: Aug 5, 2025
Anderson v. Ferguson – No Clearly-Established Prohibition on Police Use of the “Mandibular-Angle” Pressure Point Technique Introduction In Albert Anderson v. B. Ferguson, No. 22-7199 (4th Cir....
“Geographic Proximity Alone Does Not Equal ‘Substantial Control’” – The Fourth Circuit Narrows Title IX Liability for Off-Campus Misconduct

“Geographic Proximity Alone Does Not Equal ‘Substantial Control’” – The Fourth Circuit Narrows Title IX Liability for Off-Campus Misconduct

Date: Aug 5, 2025
“Geographic Proximity Alone Does Not Equal ‘Substantial Control’” – The Fourth Circuit Narrows Title IX Liability for Off-Campus Misconduct Introduction In Jane Roe v. Marshall University Board of...
Colorado Navarro v. Bondi (4th Cir. 2025): Quantifying “More-Likely-Than-Not” Torture and Re-affirming the BIA’s Clear-Error Authority

Colorado Navarro v. Bondi (4th Cir. 2025): Quantifying “More-Likely-Than-Not” Torture and Re-affirming the BIA’s Clear-Error Authority

Date: Aug 5, 2025
Colorado Navarro v. Bondi (4th Cir. 2025): Quantifying “More-Likely-Than-Not” Torture and Re-affirming the BIA’s Clear-Error Authority 1. Introduction In Jonathan Alexander Colorado Navarro v. Pamela...
“Speak Now or Forever Waive It” – The Fourth Circuit’s Specific-Objection Rule for Source-Code Attacks on Probabilistic DNA Software (United States v. Chavis, 2025)

“Speak Now or Forever Waive It” – The Fourth Circuit’s Specific-Objection Rule for Source-Code Attacks on Probabilistic DNA Software (United States v. Chavis, 2025)

Date: Aug 5, 2025
“Speak Now or Forever Waive It” – The Fourth Circuit’s Specific-Objection Rule for Source-Code Attacks on Probabilistic DNA Software (United States v. Brandon Chavis & Melissa Beasley, 4th Cir. 2025)...
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