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federal Case Commentaries

Trust-Fund Withholdings as “Income from Criminal Activity” Under U.S.S.G. § 2T1.1(b)(1): Fourth Circuit (Unpublished) Affirms Enhancement and Orders Full Resentencing for Rogers Error

Trust-Fund Withholdings as “Income from Criminal Activity” Under U.S.S.G. § 2T1.1(b)(1): Fourth Circuit (Unpublished) Affirms Enhancement and Orders Full Resentencing for Rogers Error

Date: Sep 24, 2025
Trust-Fund Withholdings as “Income from Criminal Activity” Under U.S.S.G. § 2T1.1(b)(1): Fourth Circuit (Unpublished) Affirms Enhancement and Orders Full Resentencing for Rogers Error Introduction...
Uncorroborated Recantations Do Not Justify Coram Nobis: Second Circuit Affirms Denial Without Evidentiary Hearing in Nkansah v. United States

Uncorroborated Recantations Do Not Justify Coram Nobis: Second Circuit Affirms Denial Without Evidentiary Hearing in Nkansah v. United States

Date: Sep 24, 2025
Uncorroborated Recantations Do Not Justify Coram Nobis: Second Circuit Affirms Denial Without Evidentiary Hearing in Nkansah v. United States Court: U.S. Court of Appeals for the Second Circuit...
Oppedisano v. Zur: Second Circuit Reaffirms Loss‑Sharing as Indispensable to Implied Partnerships Under New York Law and Rejects Declaratory Workarounds to Unjust Enrichment Time Bars

Oppedisano v. Zur: Second Circuit Reaffirms Loss‑Sharing as Indispensable to Implied Partnerships Under New York Law and Rejects Declaratory Workarounds to Unjust Enrichment Time Bars

Date: Sep 24, 2025
Oppedisano v. Zur: Second Circuit Reaffirms Loss‑Sharing as Indispensable to Implied Partnerships Under New York Law and Rejects Declaratory Workarounds to Unjust Enrichment Time Bars Note: The...
Foreseeability of Co‑Conspirator Death Threats and Broad Electronic‑Device Search Conditions: The Second Circuit’s Summary Affirmance in United States v. Deloatch

Foreseeability of Co‑Conspirator Death Threats and Broad Electronic‑Device Search Conditions: The Second Circuit’s Summary Affirmance in United States v. Deloatch

Date: Sep 24, 2025
Foreseeability of Co‑Conspirator Death Threats and Broad Electronic‑Device Search Conditions: The Second Circuit’s Summary Affirmance in United States v. Deloatch Note: This decision is a Second...
“Sensitive Places” in the Modern City: Times Square and Public Transit Upheld; Open-Carry Bans and City-Specific Permits Presumptively Constitutional after Bruen

“Sensitive Places” in the Modern City: Times Square and Public Transit Upheld; Open-Carry Bans and City-Specific Permits Presumptively Constitutional after Bruen

Date: Sep 24, 2025
“Sensitive Places” in the Modern City: Times Square and Public Transit Upheld; Open-Carry Bans and City-Specific Permits Presumptively Constitutional after Bruen Introduction In Frey v. City of New...
Entwinement Doesn’t Reach Party Identity: Eleventh Circuit Affirms District Courts May Resolve Disputed LLC Membership on a Rule 12(b)(1) Factual Attack to Determine Diversity

Entwinement Doesn’t Reach Party Identity: Eleventh Circuit Affirms District Courts May Resolve Disputed LLC Membership on a Rule 12(b)(1) Factual Attack to Determine Diversity

Date: Sep 24, 2025
Entwinement Doesn’t Reach Party Identity: Eleventh Circuit Affirms District Courts May Resolve Disputed LLC Membership on a Rule 12(b)(1) Factual Attack to Determine Diversity Introduction In...
No Third-Party Dissemination and Self-Imposed Decisions Do Not Create Article III Standing in FCRA Disputes

No Third-Party Dissemination and Self-Imposed Decisions Do Not Create Article III Standing in FCRA Disputes

Date: Sep 24, 2025
No Third-Party Dissemination and Self-Imposed Decisions Do Not Create Article III Standing in FCRA Disputes Introduction In Lashonda Peeples v. National Data Research, Inc. (d.b.a. Integrascan), No....
First Circuit Clarifies INA Parole Authority: “Case‑by‑Case” Limits Grants, Not Termination; DHS May Categorically End and Revoke Parole Programs

First Circuit Clarifies INA Parole Authority: “Case‑by‑Case” Limits Grants, Not Termination; DHS May Categorically End and Revoke Parole Programs

Date: Sep 13, 2025
First Circuit Clarifies INA Parole Authority: “Case‑by‑Case” Limits Grants, Not Termination; DHS May Categorically End and Revoke Parole Programs Introduction Doe v. Noem addresses the scope of the...
Unsworn Statements Cannot Create Fact Disputes, But May Prompt Rule 56(e) Cure Orders: Third Circuit’s Precedential Clarification in Lauria v. Lieb

Unsworn Statements Cannot Create Fact Disputes, But May Prompt Rule 56(e) Cure Orders: Third Circuit’s Precedential Clarification in Lauria v. Lieb

Date: Sep 13, 2025
Unsworn Statements Cannot Create Fact Disputes, But May Prompt Rule 56(e) Cure Orders: The Third Circuit’s Precedential Clarification in Lauria v. Lieb Introduction In a precedential opinion, the...
United States v. Mosley: Post-Esteras boundaries on revocation sentencing—no § 3553(a)(2)(A) retribution, “ballpark” deference, and unified justification for prison and supervision

United States v. Mosley: Post-Esteras boundaries on revocation sentencing—no § 3553(a)(2)(A) retribution, “ballpark” deference, and unified justification for prison and supervision

Date: Sep 13, 2025
United States v. Mosley: Post-Esteras boundaries on revocation sentencing—no § 3553(a)(2)(A) retribution, “ballpark” deference, and unified justification for prison and supervision Introduction In...
Lascivious Exhibition Instructions May Include Defendant’s Intent; Sentence Affirmed via Assumed-Error Harmlessness — United States v. Tatum (4th Cir. 2025)

Lascivious Exhibition Instructions May Include Defendant’s Intent; Sentence Affirmed via Assumed-Error Harmlessness — United States v. Tatum (4th Cir. 2025)

Date: Sep 13, 2025
Lascivious Exhibition Instructions May Include Defendant’s Intent; Sentence Affirmed via Assumed-Error Harmlessness — United States v. Tatum (4th Cir. 2025) Note: This is an unpublished Fourth...
No Shortcuts to Finality: Rule 41(a) Cannot Cure the Lack of Rule 54(b) Certification for Partial Summary Judgment

No Shortcuts to Finality: Rule 41(a) Cannot Cure the Lack of Rule 54(b) Certification for Partial Summary Judgment

Date: Sep 13, 2025
No Shortcuts to Finality: Rule 41(a) Cannot Cure the Lack of Rule 54(b) Certification for Partial Summary Judgment Introduction In CMYK Enterprises, Inc. v. Advanced Print Technologies, LLC, the...
First Circuit Reaffirms Strict Raise‑or‑Waive in Collateral Estoppel Disputes: Shabshelowitz v. Rhode Island Department of Public Safety

First Circuit Reaffirms Strict Raise‑or‑Waive in Collateral Estoppel Disputes: Shabshelowitz v. Rhode Island Department of Public Safety

Date: Sep 13, 2025
First Circuit Reaffirms Strict Raise‑or‑Waive in Collateral Estoppel Disputes: Shabshelowitz v. Rhode Island Department of Public Safety Introduction This First Circuit decision underscores a...
Federal Definition of “Conviction” Controls § 2251(e); § 2260A’s Ten-Year Consecutive Term Stacks Without Double-Jeopardy Violation; Rule 413 Reaches Enticement Attempts — Commentary on United States v. Baker (6th Cir. 2025)

Federal Definition of “Conviction” Controls § 2251(e); § 2260A’s Ten-Year Consecutive Term Stacks Without Double-Jeopardy Violation; Rule 413 Reaches Enticement Attempts — Commentary on United States v. Baker (6th Cir. 2025)

Date: Sep 13, 2025
Federal Definition of “Conviction” Controls § 2251(e); § 2260A’s Ten-Year Consecutive Term Stacks Without Double-Jeopardy Violation; Rule 413 Reaches Enticement Attempts — Commentary on United States...
No Qualified Immunity for Malicious Prosecution Built on Manufactured Evidence: Third Circuit’s Evans v. City of Newark

No Qualified Immunity for Malicious Prosecution Built on Manufactured Evidence: Third Circuit’s Evans v. City of Newark

Date: Sep 13, 2025
No Qualified Immunity for Malicious Prosecution Built on Manufactured Evidence Evans v. City of Newark (3d Cir. Sept. 12, 2025) Introduction In a precedential decision, the United States Court of...
Second Circuit Reaffirms Braswell’s Act‑of‑Production Bar at Trial and Imposes Single‑Recovery Rule for Co‑Conspirator Forfeiture Under § 981

Second Circuit Reaffirms Braswell’s Act‑of‑Production Bar at Trial and Imposes Single‑Recovery Rule for Co‑Conspirator Forfeiture Under § 981

Date: Sep 13, 2025
Second Circuit Reaffirms Braswell’s Act‑of‑Production Bar at Trial and Imposes Single‑Recovery Rule for Co‑Conspirator Forfeiture Under § 981 Introduction United States v. Costanzo is a Second...
No “Indirect Cleansing” of Discriminatory Statutes: Fourth Circuit Invalidates North Carolina’s Felony‑Voting Crime and Clarifies Mootness After Prospective Amendments

No “Indirect Cleansing” of Discriminatory Statutes: Fourth Circuit Invalidates North Carolina’s Felony‑Voting Crime and Clarifies Mootness After Prospective Amendments

Date: Sep 13, 2025
No “Indirect Cleansing” of Discriminatory Statutes: Fourth Circuit Invalidates North Carolina’s Felony‑Voting Crime and Clarifies Mootness After Prospective Amendments Introduction In A. Philip...
Sixth Circuit: Four-Month Gap and a Conflated OCRC Probable-Cause Letter Are Insufficient to Prove Causation in Title VII Retaliation

Sixth Circuit: Four-Month Gap and a Conflated OCRC Probable-Cause Letter Are Insufficient to Prove Causation in Title VII Retaliation

Date: Sep 13, 2025
Sixth Circuit: Four-Month Gap and a Conflated OCRC Probable-Cause Letter Are Insufficient to Prove Causation in Title VII Retaliation Introduction In Theresa A. Kovacs v. University of Toledo, No....
Post-Muldrow in the Sixth Circuit: “Some Harm” Suffices for Title VII Discrimination, But Profane “Employee Beef” on Social Media Is Not Protected Speech

Post-Muldrow in the Sixth Circuit: “Some Harm” Suffices for Title VII Discrimination, But Profane “Employee Beef” on Social Media Is Not Protected Speech

Date: Sep 13, 2025
Post-Muldrow in the Sixth Circuit: “Some Harm” Suffices for Title VII Discrimination, But Profane “Employee Beef” on Social Media Is Not Protected Speech Introduction This published decision from the...
Section 666 in the Territories: Third Circuit Affirms that Commissioners of Statutorily “Independent” Agencies Are Government Agents and Federal Block Grants Are “Benefits”

Section 666 in the Territories: Third Circuit Affirms that Commissioners of Statutorily “Independent” Agencies Are Government Agents and Federal Block Grants Are “Benefits”

Date: Sep 13, 2025
Section 666 in the Territories: Third Circuit Affirms that Commissioners of Statutorily “Independent” Agencies Are Government Agents and Federal Block Grants Are “Benefits” Case: United States v....
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