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first-circuit-reinforces-first-amendment-protections-for-secret-audio-recording-of-police-in-public:-interpretation-of-massachusetts& Case Commentaries
No Safe Harbor in Delay: Fifth Circuit Confirms EPA May Disapprove Overdue Good Neighbor SIPs Using Updated Modeling and Requires Independent “Maintenance” Analysis Beyond Formal Nonattainment...
Aguilar-Morales v. Bondi: Second Circuit Reaffirms Waivability of NTA Time-and-Place Defects and Demands a Non-Incidental Nexus for Family and Imputed-Political-Opinion Claims Court: U.S. Court of...
No Victim-Identity Limit for FDCA § 333(a)(2); FDCA § 334 Is Not a Civil Forfeiture Statute United States v. Fishman, Giannelli, Nos. 22-1600-cr (L), 22-2063-cr (C), 23-6819-cv (C) — U.S. Court of...
Misdescribed Bills of Lading Do Not Prevent Risk-of-Loss Transfer Under Shipment Contracts When the Buyer Hires the Carrier Introduction In Certain Underwriters at Lloyd’s London v. Scents...
No Retroactivity Where Offense Period Includes Post-Scheduling Conduct; Eleventh Circuit Reaffirms Time-of-Conviction Comparison for § 1182(a)(2)(A)(i)(II) Case: Md Zaberul Hasan v. U.S. Attorney...
Esteras Plain-Error Barrier and PSI Admissions at Revocation: The Eleventh Circuit’s Framework in United States v. Higgs Introduction In United States v. Zeno Higgs (11th Cir. No. 25-10996, Sept. 22,...
Information Control and Intangible Benefits Can Prove Leadership; Dangerousness-Based Disarmament Defeats § 922(g)(1) Challenges Case: United States v. Avis Damone Coward (No. 24-1885) Court: United...
Specifics or No Second Chance: Tenth Circuit Confirms FMSHRC’s Discretion to Deny Reopening of Mine Act Defaults Absent Detailed Causation and Prospective Safeguards Introduction In Tintic...
Between Silence and Speech: No Plain Doyle Error in Mixed Post‑Miranda “Partial Silence” Cases — United States v. White (10th Cir. 2025) Court: United States Court of Appeals for the Tenth Circuit...
No Federal Do‑Over: Postconviction Counsel’s Inaction Bars § 2254 Evidentiary Development; State “Missing‑Evidence” Inference Not Cognizable Under § 2254(d)(1) Introduction This Seventh Circuit...
No Categorical NBA Preemption: First Circuit Requires Nuanced, Evidence‑Based Showing of “Significant Interference” for State Escrow‑Interest Laws Introduction In Conti v. Citizens Bank, N.A. (1st...
Temporal Proximity Not Required: First Circuit Clarifies Causation and Pretext Under Puerto Rico Law 115 Introduction In Mercado v. Hyannis Air Service, Inc., No. 23-1744 (1st Cir. Sept. 22, 2025),...
First Circuit Holds “Extraordinary Circumstances” Excuses for Untimely Asylum Are Unreviewable Discretionary Judgments After Wilkinson Introduction In Zapet-Alvarado v. Bondi, the First Circuit...
"Hours Paid" Means Compensated Hours, Not Overtime-Inflated Hours: Third Circuit Clarifies CBA Contribution Bases Under ERISA § 515 Court: U.S. Court of Appeals for the Third Circuit (not...
"Hours Paid" Means Compensated Hours, Not Overtime Multipliers: The Third Circuit’s Textual Clarification for ERISA Multiemployer Contributions Court: U.S. Court of Appeals for the Third Circuit (Not...
Anchoring Criminal History to the Offense of Conviction: Third Circuit Rejects Relevant-Conduct Start Date for §4A1.2(e) Look-Back in United States v. Josey Introduction In a precedential opinion...
No Standalone Due‑Process Right to Obtain DNA Electronic Files Outside Court‑Supervised Habeas Discovery: The Fifth Circuit’s Decision in In re Blaine Milam Introduction In a consolidated capital...
No Due Process Right to Pre‑Habeas Access to Raw DNA Data: Fifth Circuit Upholds Texas’s Court‑Controlled Postconviction Discovery Regime and Rejects § 1983 Mandamus Introduction In Milam v....
Unsealing During Appeal: Fourth Circuit Confirms First Amendment Access to Summary‑Judgment Video Exhibits and Treats Motions to Unseal as Collateral Introduction In Gray Media Group, Inc. v....