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  • Commentaries
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federal Case Commentaries


    United States v. Coleman: Anders Dismissal of Challenges to ACCA Enhancement and Consecutive Revocation Sentences in the Tenth Circuit

United States v. Coleman: Anders Dismissal of Challenges to ACCA Enhancement and Consecutive Revocation Sentences in the Tenth Circuit

Date: Dec 10, 2025
United States v. Coleman: Anders Dismissal of Challenges to ACCA Enhancement and Consecutive Revocation Sentences in the Tenth Circuit I. Introduction The Tenth Circuit’s order and judgment in United...
“Relating in Any Way”: Vaughn v. JP Morgan Chase & Co. and the Expansive Scope of Bank Arbitration Clauses

“Relating in Any Way”: Vaughn v. JP Morgan Chase & Co. and the Expansive Scope of Bank Arbitration Clauses

Date: Dec 10, 2025
“Relating in Any Way”: Vaughn v. JP Morgan Chase & Co. and the Expansive Scope of Bank Arbitration Clauses I. Introduction The Tenth Circuit’s order and judgment in Vaughn v. JP Morgan Chase & Co.,...
Rehabilitation, Revocation, and Sentence Length: The Seventh Circuit Refines Tapia in United States v. Richards

Rehabilitation, Revocation, and Sentence Length: The Seventh Circuit Refines Tapia in United States v. Richards

Date: Dec 9, 2025
Rehabilitation, Revocation, and Sentence Length: The Seventh Circuit Refines Tapia in United States v. Richards I. Introduction In United States v. Timothy L. Richards, No. 25-1357 (7th Cir. Dec. 8,...
United States v. Eiland: Context-Driven Limits on Prosecutorial “No Answer” Remarks and Juror Impeachment Under Rule 606(b)

United States v. Eiland: Context-Driven Limits on Prosecutorial “No Answer” Remarks and Juror Impeachment Under Rule 606(b)

Date: Dec 9, 2025
United States v. Eiland: Context-Driven Limits on Prosecutorial “No Answer” Remarks and Juror Impeachment Under Rule 606(b) Court: United States Court of Appeals for the Seventh Circuit Case: United...
Geographic Limits on “Underground Coal Mine” Status Under the Black Lung Benefits Act: Commentary on Fairfield Southern Co. v. Director, OWCP

Geographic Limits on “Underground Coal Mine” Status Under the Black Lung Benefits Act: Commentary on Fairfield Southern Co. v. Director, OWCP

Date: Dec 9, 2025
Geographic Limits on “Underground Coal Mine” Status Under the Black Lung Benefits Act: Commentary on Fairfield Southern Co. v. Director, OWCP I. Introduction The Eleventh Circuit’s decision in...
Issue Preclusion from State Foreclosure Findings in Bankruptcy Claims: Commentary on In re Ditech Holding Corp. (2d Cir. 2025)

Issue Preclusion from State Foreclosure Findings in Bankruptcy Claims: Commentary on In re Ditech Holding Corp. (2d Cir. 2025)

Date: Dec 9, 2025
Issue Preclusion from State Foreclosure Findings in Bankruptcy Claims: Commentary on In re Ditech Holding Corp. (2d Cir. 2025) Note: The Second Circuit expressly issued this as a “Summary Order”...
No Collection-Due-Process Review for FBAR Penalties: Eleventh Circuit Confirms Tax Court Lacks Jurisdiction over Title 31 Civil Penalties

No Collection-Due-Process Review for FBAR Penalties: Eleventh Circuit Confirms Tax Court Lacks Jurisdiction over Title 31 Civil Penalties

Date: Dec 9, 2025
No Collection-Due-Process Review for FBAR Penalties: Eleventh Circuit Confirms Tax Court Lacks Jurisdiction over Title 31 Civil Penalties I. Introduction In Stephen C. Jenner & Judy A. Jenner v....
Ambiguous Leases, Missing Exhibits, and the “Fully Heard” Standard: Commentary on Howard Avenue Station, LLC v. The Dubliner, Inc.

Ambiguous Leases, Missing Exhibits, and the “Fully Heard” Standard: Commentary on Howard Avenue Station, LLC v. The Dubliner, Inc.

Date: Dec 9, 2025
Ambiguous Leases, Missing Exhibits, and the “Fully Heard” Standard: Commentary on Howard Avenue Station, LLC v. The Dubliner, Inc. I. Introduction This unpublished Eleventh Circuit decision arises...
Forfeiture Appeals and Sentence-Appeal Waivers: United States v. Dublynn (11th Cir. 2025)

Forfeiture Appeals and Sentence-Appeal Waivers: United States v. Dublynn (11th Cir. 2025)

Date: Dec 9, 2025
Forfeiture Appeals and Sentence-Appeal Waivers: United States v. Dublynn (11th Cir. 2025) I. Introduction The Eleventh Circuit’s unpublished decision in United States v. Brian Dublynn, No. 24-12476...
No Sua Sponte Duty to Apply Intervening Precedent: Commentary on Lazaro Pigueiras v. U.S. Attorney General

No Sua Sponte Duty to Apply Intervening Precedent: Commentary on Lazaro Pigueiras v. U.S. Attorney General

Date: Dec 9, 2025
No Sua Sponte Duty to Apply Intervening Precedent or Entertain New Legal Theories on Reconsideration: A Commentary on Lazaro Pigueiras v. U.S. Attorney General (11th Cir.) I. Introduction This...
Exhaustion, Intervening Precedent, and Motions to Reconsider: The Eleventh Circuit’s Limits on BIA Duties in Pigueiras v. U.S. Attorney General

Exhaustion, Intervening Precedent, and Motions to Reconsider: The Eleventh Circuit’s Limits on BIA Duties in Pigueiras v. U.S. Attorney General

Date: Dec 9, 2025
Exhaustion, Intervening Precedent, and Motions to Reconsider: The Eleventh Circuit’s Limits on BIA Duties in Pigueiras v. U.S. Attorney General I. Introduction The consolidated petitions in Lazaro...
Federal Trade Commission v. Burton Katz: Separate Identities of Related Actions, Jurisdictional Appeal Deadlines, and Mootness After Satisfaction of Civil Contempt Sanctions

Federal Trade Commission v. Burton Katz: Separate Identities of Related Actions, Jurisdictional Appeal Deadlines, and Mootness After Satisfaction of Civil Contempt Sanctions

Date: Dec 9, 2025
Federal Trade Commission v. Burton Katz: Separate Identities of Related Actions, Jurisdictional Appeal Deadlines, and Mootness After Satisfaction of Civil Contempt Sanctions I. Introduction The...
Establishing the Probable-Cause Nexus Between Drug Trafficking and a Suspected Residence: Commentary on United States v. Jefferson (6th Cir. 2025)

Establishing the Probable-Cause Nexus Between Drug Trafficking and a Suspected Residence: Commentary on United States v. Jefferson (6th Cir. 2025)

Date: Dec 7, 2025
Establishing the Probable-Cause Nexus Between Drug Trafficking and a Suspected Residence: Commentary on United States v. Jefferson (6th Cir. 2025) 1. Introduction This commentary analyzes the Sixth...

        Dangerousness, Domestic Violence, and As-Applied Second Amendment Challenges to § 922(g)(1):
        Commentary on United States v. Gary Crawford (6th Cir. 2025)

Dangerousness, Domestic Violence, and As-Applied Second Amendment Challenges to § 922(g)(1): Commentary on United States v. Gary Crawford (6th Cir. 2025)

Date: Dec 7, 2025
Dangerousness, Domestic Violence, and As-Applied Second Amendment Challenges to § 922(g)(1): Commentary on United States v. Gary Crawford (6th Cir. 2025) I. Introduction This commentary analyzes the...
Ongoing Compliance as a Prerequisite for Clean Air Act Redesignation: Commentary on Sierra Club v. EPA (6th Cir. 2025)

Ongoing Compliance as a Prerequisite for Clean Air Act Redesignation: Commentary on Sierra Club v. EPA (6th Cir. 2025)

Date: Dec 7, 2025
Ongoing Compliance as a Prerequisite for Clean Air Act Redesignation: Commentary on Sierra Club v. EPA (6th Cir. 2025) I. Introduction This commentary analyzes the Sixth Circuit’s published decision...
Ongoing Compliance at the Moment of Redesignation: Sierra Club v. EPA and the Meaning of “Has Met All Requirements Applicable to the Area”

Ongoing Compliance at the Moment of Redesignation: Sierra Club v. EPA and the Meaning of “Has Met All Requirements Applicable to the Area”

Date: Dec 7, 2025
Ongoing Compliance at the Moment of Redesignation: Sierra Club v. EPA and the Meaning of “Has Met All Requirements Applicable to the Area” I. Introduction In Sierra Club v. U.S. Environmental...
Positive Equities Over Presumption: Commentary on United States v. Garcia and Pretrial Detention under the Bail Reform Act

Positive Equities Over Presumption: Commentary on United States v. Garcia and Pretrial Detention under the Bail Reform Act

Date: Dec 7, 2025
Positive Equities Over Presumption: Commentary on United States v. Garcia and Pretrial Detention under the Bail Reform Act I. Introduction This commentary examines the Tenth Circuit’s decision in...
No Plain Error in Failing to Apply an Analogous Guideline to Oklahoma Child Abuse Offenses: Commentary on United States v. Bowen (10th Cir. 2025)

No Plain Error in Failing to Apply an Analogous Guideline to Oklahoma Child Abuse Offenses: Commentary on United States v. Bowen (10th Cir. 2025)

Date: Dec 7, 2025
No Plain Error in Failing to Apply an Analogous Guideline to Oklahoma Child Abuse Offenses: Commentary on United States v. Bowen (10th Cir. 2025) I. Introduction The Tenth Circuit’s unpublished order...
United States v. Ng Chong Hwa: Superseding Indictments, Transit-Based Venue, and Proportionality in Mandatory Forfeiture

United States v. Ng Chong Hwa: Superseding Indictments, Transit-Based Venue, and Proportionality in Mandatory Forfeiture

Date: Dec 7, 2025
United States v. Ng Chong Hwa: Superseding Indictments, Transit-Based Venue, and Proportionality in Mandatory Forfeiture I. Introduction The Second Circuit’s decision in United States v. Ng Chong Hwa...
Reaffirming the High Bar for “Fraud on the Court” and Applying Collateral Estoppel to Attorney-Malpractice Claims: Commentary on Browne v. Ciobanu (7th Cir. 2025)

Reaffirming the High Bar for “Fraud on the Court” and Applying Collateral Estoppel to Attorney-Malpractice Claims: Commentary on Browne v. Ciobanu (7th Cir. 2025)

Date: Dec 7, 2025
Reaffirming the High Bar for “Fraud on the Court” and Applying Collateral Estoppel to Attorney-Malpractice Claims: Commentary on Browne v. Ciobanu (7th Cir. Dec. 5, 2025) I. Introduction This...
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