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  • Commentaries
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federal Case Commentaries


Plain-Error Review after Erlinger: The Eleventh Circuit Re-confirms the
Defendant’s Burden to Show Prejudice on “Different-Occasions” Findings –
A Commentary on United States v. Karzarta Piett

Plain-Error Review after Erlinger: The Eleventh Circuit Re-confirms the Defendant’s Burden to Show Prejudice on “Different-Occasions” Findings – A Commentary on United States v. Karzarta Piett

Date: Aug 1, 2025
Plain-Error Review after Erlinger: Eleventh Circuit Re-confirms the Defendant’s Burden to Show Prejudice on “Different-Occasions” Findings – Commentary on United States v. Karzarta Piett Introduction...
“Turning a Blind Eye”: United States v. White & Herndon – Sixth Circuit Re-Affirms the High Bar for Franks Hearings on Omissions and Clarifies “Deliberate Ignorance” in Money-Laundering Conspiracies

“Turning a Blind Eye”: United States v. White & Herndon – Sixth Circuit Re-Affirms the High Bar for Franks Hearings on Omissions and Clarifies “Deliberate Ignorance” in Money-Laundering Conspiracies

Date: Aug 1, 2025
“Turning a Blind Eye”: United States v. White & Herndon – Sixth Circuit Re-Affirms the High Bar for Franks Hearings on Omissions and Clarifies “Deliberate Ignorance” in Money-Laundering Conspiracies...
United States v. White: Sixth Circuit Re-Affirms the “Higher Bar” for Franks-Based Omissions and Clarifies Use of Third-Party Prior Convictions to Establish Knowledge in Money-Laundering Cases

United States v. White: Sixth Circuit Re-Affirms the “Higher Bar” for Franks-Based Omissions and Clarifies Use of Third-Party Prior Convictions to Establish Knowledge in Money-Laundering Cases

Date: Aug 1, 2025
United States v. White: Sixth Circuit Re-Affirms the “Higher Bar” for Franks-Based Omissions and Clarifies Use of Third-Party Prior Convictions to Establish Knowledge in Money-Laundering Cases...
“Dancing on Thin Ice” – The Sixth Circuit’s Clarification of Sua Sponte Rule 11 and § 1927 Sanctions in Pandemic-Related Litigation (Bojicic v. DeWine II, 2025)

“Dancing on Thin Ice” – The Sixth Circuit’s Clarification of Sua Sponte Rule 11 and § 1927 Sanctions in Pandemic-Related Litigation (Bojicic v. DeWine II, 2025)

Date: Aug 1, 2025
“Dancing on Thin Ice” – The Sixth Circuit’s Clarification of Sua Sponte Rule 11 and § 1927 Sanctions in Pandemic-Related Litigation (Commentary on Erica Bojicic v. Richard Michael DeWine,...
Marbury v. United National Insurance: The Fifth Circuit Re-defines “Self-Serving” Evidence and Reaffirms Louisiana’s Expansive Concept of Insurable Interest

Marbury v. United National Insurance: The Fifth Circuit Re-defines “Self-Serving” Evidence and Reaffirms Louisiana’s Expansive Concept of Insurable Interest

Date: Jul 31, 2025
Marbury v. United National Insurance: The Fifth Circuit Re-defines “Self-Serving” Evidence and Reaffirms Louisiana’s Expansive Concept of Insurable Interest 1. Introduction In Marbury v. United...
“Speak It or Lose It” – Fourth Circuit Re-Affirms the Rogers Rule on Oral Pronouncement of Supervised-Release Conditions in United States v. Kymberly Starr

“Speak It or Lose It” – Fourth Circuit Re-Affirms the Rogers Rule on Oral Pronouncement of Supervised-Release Conditions in United States v. Kymberly Starr

Date: Jul 31, 2025
“Speak It or Lose It” – Fourth Circuit Re-Affirms the Rogers Rule on Oral Pronouncement of Supervised-Release Conditions in United States v. Kymberly Starr 1. Introduction The Fourth Circuit’s...
“Disarming the Dangerous” after Bruen and Rahimi: The Fourth Circuit’s Endorsement of 18 U.S.C. § 922(g)(4) in United States v. Gould

“Disarming the Dangerous” after Bruen and Rahimi: The Fourth Circuit’s Endorsement of 18 U.S.C. § 922(g)(4) in United States v. Gould

Date: Jul 31, 2025
“Disarming the Dangerous” after Bruen and Rahimi: The Fourth Circuit’s Endorsement of 18 U.S.C. § 922(g)(4) United States v. James Gould (4th Cir. 2025) 1. Introduction United States v. James Gould...
“Distance Is No Defense” – Fourth Circuit Affirms Joint & Several Liability of Non-Present Partners and Clarifies Preservation Rules in Last-Clear-Chance Negligence Cases

“Distance Is No Defense” – Fourth Circuit Affirms Joint & Several Liability of Non-Present Partners and Clarifies Preservation Rules in Last-Clear-Chance Negligence Cases

Date: Jul 31, 2025
“Distance Is No Defense” – Fourth Circuit Affirms Joint & Several Liability of Non-Present Partners and Clarifies Preservation Rules in Last-Clear-Chance Negligence Cases Introduction Robbie G....
“Raise It or Lose It” – Preservation of Last-Clear-Chance Theories and Broad Trial-Management Discretion under Plyler v. Cox (4th Cir. 2025)

“Raise It or Lose It” – Preservation of Last-Clear-Chance Theories and Broad Trial-Management Discretion under Plyler v. Cox (4th Cir. 2025)

Date: Jul 31, 2025
“Raise It or Lose It” – Preservation of Last-Clear-Chance Theories and Broad Trial-Management Discretion under Plyler v. Cox (4th Cir. 2025) I. Introduction In Plyler v. Cox, the United States Court...
Columbia Gas v. RDFS – Fourth Circuit Affirms Expansive Maintenance Rights Under General Pipeline Easements and Clarifies Limits of the “Law-of-the-Case” Doctrine

Columbia Gas v. RDFS – Fourth Circuit Affirms Expansive Maintenance Rights Under General Pipeline Easements and Clarifies Limits of the “Law-of-the-Case” Doctrine

Date: Jul 31, 2025
Columbia Gas v. RDFS – Fourth Circuit Affirms Expansive Maintenance Rights Under General Pipeline Easements and Clarifies Limits of the “Law-of-the-Case” Doctrine Introduction Columbia Gas...
The “No-Return Email” Doctrine: Fourth Circuit Clarifies that Employment Contracts Must Explicitly Require Employees to Return Company Emails

The “No-Return Email” Doctrine: Fourth Circuit Clarifies that Employment Contracts Must Explicitly Require Employees to Return Company Emails

Date: Jul 31, 2025
The “No-Return Email” Doctrine: Fourth Circuit Clarifies that Employment Contracts Must Explicitly Require Employees to Return Company Emails 1. Introduction Aerotek, Inc. v. Kenneth Nosky, No....
“Same Taxpayer” Fixed at the Time of Payment: Fourth Circuit Clarifies § 6621(d) Interest-Netting After Mergers

“Same Taxpayer” Fixed at the Time of Payment: Fourth Circuit Clarifies § 6621(d) Interest-Netting After Mergers

Date: Jul 31, 2025
“Same Taxpayer” Fixed at the Time of Payment: Fourth Circuit Clarifies § 6621(d) Interest-Netting After Mergers 1. Introduction Bank of America Corporation v. United States, decided on 29 July 2025...
Self-Forwarded Emails and the Scope of Post-Employment Covenants: Allegis Group, Inc. v. Bero

Self-Forwarded Emails and the Scope of Post-Employment Covenants: Allegis Group, Inc. v. Bero

Date: Jul 31, 2025
Self-Forwarded Emails and the Scope of Post-Employment Covenants: The Fourth Circuit Defines the Limits of “Use” and “Return” Obligations in Allegis Group, Inc. v. Christopher Bero 1. Introduction...
Beyond the Orchard: The Third Circuit Extends Jarkesy’s Article III Limitations to Department of Labor H-2A Enforcement

Beyond the Orchard: The Third Circuit Extends Jarkesy’s Article III Limitations to Department of Labor H-2A Enforcement

Date: Jul 31, 2025
Beyond the Orchard: The Third Circuit Extends Jarkesy’s Article III Limitations to Department of Labor H-2A Enforcement Introduction In Sun Valley Orchards LLC v. United States Department of Labor,...
Excelsior Westbrook III: Tenth Circuit Affirms That Anti-Concurrent-Cause Clauses Override “Specified Cause-of-Loss” Exceptions and That Sub-Surface Water Exclusions Bar Coverage for Water Escaping Broken Underground Pipes

Excelsior Westbrook III: Tenth Circuit Affirms That Anti-Concurrent-Cause Clauses Override “Specified Cause-of-Loss” Exceptions and That Sub-Surface Water Exclusions Bar Coverage for Water Escaping Broken Underground Pipes

Date: Jul 31, 2025
Excelsior Westbrook III: Tenth Circuit Affirms That Anti-Concurrent-Cause Clauses Override “Specified Cause-of-Loss” Exceptions and That Sub-Surface Water Exclusions Bar Coverage for Water Escaping...
United States v. Cervantes: Cementing Rolling Notice-of-Disposition Exclusions and Extended Co-Defendant Delay under the Speedy Trial Act

United States v. Cervantes: Cementing Rolling Notice-of-Disposition Exclusions and Extended Co-Defendant Delay under the Speedy Trial Act

Date: Jul 31, 2025
United States v. Cervantes: Cementing Rolling Notice-of-Disposition Exclusions and Extended Co-Defendant Delay under the Speedy Trial Act Introduction United States v. Cervantes, No. 24-1325 (10th...
United States v. Vick – First Circuit Narrows the “Sole-Investigatory-Motive” Test in Community-Caretaking Impoundments & Inventory Searches

United States v. Vick – First Circuit Narrows the “Sole-Investigatory-Motive” Test in Community-Caretaking Impoundments & Inventory Searches

Date: Jul 31, 2025
United States v. Vick – First Circuit Narrows the “Sole-Investigatory-Motive” Test in Community-Caretaking Impoundments & Inventory Searches Introduction In United States v. Vick, No. 24-1721 (1st...
United States v. Legassa: First Circuit Clarifies Harmless-Error Review of Lay “Legal” Opinions and Reaffirms Broad Trial-Court Discretion under Rules 401 & 403

United States v. Legassa: First Circuit Clarifies Harmless-Error Review of Lay “Legal” Opinions and Reaffirms Broad Trial-Court Discretion under Rules 401 & 403

Date: Jul 31, 2025
United States v. Legassa: First Circuit Clarifies Harmless-Error Review of Lay “Legal” Opinions and Reaffirms Broad Trial-Court Discretion under Rules 401 & 403 Introduction In United States v....
United States v. Huertas-Mercado: Pandemic-Era Delays, Successive Indictments, and the Modern Sixth-Amendment Speedy-Trial Balance

United States v. Huertas-Mercado: Pandemic-Era Delays, Successive Indictments, and the Modern Sixth-Amendment Speedy-Trial Balance

Date: Jul 31, 2025
United States v. Huertas-Mercado: Pandemic-Era Delays, Successive Indictments, and the Modern Sixth-Amendment Speedy-Trial Balance 1. Introduction United States v. Huertas-Mercado, Nos. 23-1208 &...
Pandemic-Era Speedy-Trial Calculus and Carjacking Mens Rea: A Commentary on United States v. Pizarro-Mercado (1st Cir. 2025)

Pandemic-Era Speedy-Trial Calculus and Carjacking Mens Rea: A Commentary on United States v. Pizarro-Mercado (1st Cir. 2025)

Date: Jul 31, 2025
Pandemic-Era Speedy-Trial Calculus and Carjacking Mens Rea: A Commentary on United States v. Pizarro-Mercado (1st Cir. 2025) Introduction The First Circuit’s consolidated opinion in United States v....
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