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  • Commentaries
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interpreting-& Case Commentaries

Directness Rules the Day: Sixth Circuit Extends Illinois Brick to Indirect Sellers and Recasts Antitrust Standing as Antitrust Injury Plus Proximate Cause

Directness Rules the Day: Sixth Circuit Extends Illinois Brick to Indirect Sellers and Recasts Antitrust Standing as Antitrust Injury Plus Proximate Cause

Date: Oct 16, 2025
Directness Rules the Day: Sixth Circuit Extends Illinois Brick to Indirect Sellers and Recasts Antitrust Standing as Antitrust Injury Plus Proximate Cause Case: Academy of Allergy & Asthma in Primary...
No Clearly Established Bystander Liability for Backup Officers in DUI Arrests: Sixth Circuit Clarifies Prolonged-Stop, HGN, and Curtilage Rules

No Clearly Established Bystander Liability for Backup Officers in DUI Arrests: Sixth Circuit Clarifies Prolonged-Stop, HGN, and Curtilage Rules

Date: Oct 16, 2025
No Clearly Established Bystander Liability for Backup Officers in DUI Arrests: Sixth Circuit Clarifies Prolonged-Stop, HGN, and Curtilage Rules Introduction In Amanda Caton v. Jacob Salamon, No....
Sixth Circuit Clarifies Liberty-Deprivation for Fourth Amendment Malicious Prosecution: No Pretrial Restraints, No Seizure; Police Press Releases That Mirror Charging Documents Are Absolutely Privileged Under Kentucky Law

Sixth Circuit Clarifies Liberty-Deprivation for Fourth Amendment Malicious Prosecution: No Pretrial Restraints, No Seizure; Police Press Releases That Mirror Charging Documents Are Absolutely Privileged Under Kentucky Law

Date: Oct 16, 2025
Sixth Circuit Clarifies Liberty-Deprivation for Fourth Amendment Malicious Prosecution: No Pretrial Restraints, No Seizure; Police Press Releases That Mirror Charging Documents Are Absolutely...
Dangerousness, Not Disability: Sixth Circuit Reaffirms Williams—Felon-in-Possession Ban Constitutional As Applied Despite Paraplegia; No Remand Needed; Modest Upward Variance Upheld

Dangerousness, Not Disability: Sixth Circuit Reaffirms Williams—Felon-in-Possession Ban Constitutional As Applied Despite Paraplegia; No Remand Needed; Modest Upward Variance Upheld

Date: Oct 16, 2025
Dangerousness, Not Disability: Sixth Circuit Reaffirms Williams—Felon-in-Possession Ban Constitutional As Applied Despite Paraplegia; No Remand Needed; Modest Upward Variance Upheld Introduction In...
Sixth Circuit (Unpublished) Clarifies “Same Course of Conduct” for §1B1.3: Post-Indictment Drug-and-Gun Incident Nine Months Later Counts Toward §2K2.1(b)(1)(A) Firearms Enhancement

Sixth Circuit (Unpublished) Clarifies “Same Course of Conduct” for §1B1.3: Post-Indictment Drug-and-Gun Incident Nine Months Later Counts Toward §2K2.1(b)(1)(A) Firearms Enhancement

Date: Oct 16, 2025
Sixth Circuit (Unpublished) Clarifies “Same Course of Conduct” for §1B1.3: Post-Indictment Drug-and-Gun Incident Nine Months Later Counts Toward §2K2.1(b)(1)(A) Firearms Enhancement Introduction In...
Sixth Circuit Reaffirms Broad Discretion to Upwardly Vary Based on Criminal History and Risk-Enhancing Conduct: United States v. Simmons

Sixth Circuit Reaffirms Broad Discretion to Upwardly Vary Based on Criminal History and Risk-Enhancing Conduct: United States v. Simmons

Date: Oct 16, 2025
Reaffirmed Principle: District Courts May Heavily Weight Criminal History and Public-Safety Risks to Justify Above-Guidelines Sentences Introduction In United States v. Jemar Jeresse Simmons, the...
Circumstantial Proof of Predominant Profit Intent and Repetitiveness Suffices to Uphold Unlicensed Firearms-Dealing Conviction under § 922(a)(1)(A)

Circumstantial Proof of Predominant Profit Intent and Repetitiveness Suffices to Uphold Unlicensed Firearms-Dealing Conviction under § 922(a)(1)(A)

Date: Oct 16, 2025
Circumstantial Proof of Predominant Profit Intent and Repetitiveness Suffices to Uphold Unlicensed Firearms-Dealing Conviction under § 922(a)(1)(A) Introduction In United States v. Omar Shorter, Jr.,...
No Double Jeopardy in Denying Safety-Valve Relief When the Same Firearm Supports a § 924(c) Conviction: United States v. Dorelus (11th Cir. 2025)

No Double Jeopardy in Denying Safety-Valve Relief When the Same Firearm Supports a § 924(c) Conviction: United States v. Dorelus (11th Cir. 2025)

Date: Oct 16, 2025
No Double Jeopardy in Denying Safety-Valve Relief When the Same Firearm Supports a § 924(c) Conviction: United States v. Dorelus (11th Cir. 2025) Introduction In a published, per curiam decision, the...
Issue Preclusion and Failure to Mitigate Foreclose Contract Damages After Attorney Withdrawal for Nonpayment

Issue Preclusion and Failure to Mitigate Foreclose Contract Damages After Attorney Withdrawal for Nonpayment

Date: Oct 16, 2025
Issue Preclusion and Failure to Mitigate Foreclose Contract Damages After Attorney Withdrawal for Nonpayment Case: Barbara Simonson v. Thomas M. Olejniczak, et al., No. 25-1417 (7th Cir. Oct. 10,...
No Amendment After Final Judgment Without Vacatur; Seventh Circuit Affirms Tailored Filer Restrictions and Imposes Circuit‑Wide Pay‑to‑File Sanctions

No Amendment After Final Judgment Without Vacatur; Seventh Circuit Affirms Tailored Filer Restrictions and Imposes Circuit‑Wide Pay‑to‑File Sanctions

Date: Oct 16, 2025
No Amendment After Final Judgment Without Vacatur; Seventh Circuit Affirms Tailored Filer Restrictions and Imposes Circuit‑Wide Pay‑to‑File Sanctions Introduction In a consolidated, nonprecedential...
Reaffirming Tailored Vexatious‑Litigant Injunctions, Payment‑Conditioned Circuit‑Wide Filing Bars, and Post‑Judgment Amendment Protocols: Seventh Circuit’s Order in Smith v. United States Congress (7th Cir. Oct. 10, 2025)

Reaffirming Tailored Vexatious‑Litigant Injunctions, Payment‑Conditioned Circuit‑Wide Filing Bars, and Post‑Judgment Amendment Protocols: Seventh Circuit’s Order in Smith v. United States Congress (7th Cir. Oct. 10, 2025)

Date: Oct 16, 2025
Reaffirming Tailored Vexatious‑Litigant Injunctions, Payment‑Conditioned Circuit‑Wide Filing Bars, and Post‑Judgment Amendment Protocols: Seventh Circuit’s Order in Smith v. United States Congress...
Seventh Circuit reaffirms no § 1983 liability without personal involvement and strict enforcement of local summary judgment rules in prisoner medical-care litigation

Seventh Circuit reaffirms no § 1983 liability without personal involvement and strict enforcement of local summary judgment rules in prisoner medical-care litigation

Date: Oct 16, 2025
Seventh Circuit reaffirms no § 1983 liability without personal involvement and strict enforcement of local summary judgment rules in prisoner medical-care litigation Case: Francisco Rodriguez Ruiz,...
Unattested Crime Lab Autopsy Reports Are Inadmissible—But Error Can Be Harmless in Accomplice-Murder Cases: Fort v. State (2025 Ark. 148)

Unattested Crime Lab Autopsy Reports Are Inadmissible—But Error Can Be Harmless in Accomplice-Murder Cases: Fort v. State (2025 Ark. 148)

Date: Oct 16, 2025
Unattested Crime Lab Autopsy Reports Are Inadmissible—But Error Can Be Harmless in Accomplice-Murder Cases: Fort v. State (2025 Ark. 148) Court: Supreme Court of Arkansas Date: October 9, 2025...
No Duty to Disclose Zoning; County Website Errors and Bidder Mistake Are Not “Irregularities” Permitting Rescission of Delaware Sheriff’s Sales

No Duty to Disclose Zoning; County Website Errors and Bidder Mistake Are Not “Irregularities” Permitting Rescission of Delaware Sheriff’s Sales

Date: Oct 16, 2025
No Duty to Disclose Zoning; County Website Errors and Bidder Mistake Are Not “Irregularities” Permitting Rescission of Delaware Sheriff’s Sales Introduction In 248 Glenn Cove CP, LLC v. Delva...
Consciousness-of-Guilt and Intent: Wyoming High Court Affirms Admissibility of “Going Back to Prison” Statements Under W.R.E. 404(b) in Felony Stalking

Consciousness-of-Guilt and Intent: Wyoming High Court Affirms Admissibility of “Going Back to Prison” Statements Under W.R.E. 404(b) in Felony Stalking

Date: Oct 13, 2025
Consciousness-of-Guilt and Intent: Wyoming High Court Affirms Admissibility of “Going Back to Prison” Statements Under W.R.E. 404(b) in Felony Stalking Case: Jason Scott Bragdon v. The State of...
Imputed Staff Rumors and Red-Flag Hiring Records Defeat Summary Judgment in School CVA Abuse Cases: Commentary on Harper v. Buffalo City School District

Imputed Staff Rumors and Red-Flag Hiring Records Defeat Summary Judgment in School CVA Abuse Cases: Commentary on Harper v. Buffalo City School District

Date: Oct 13, 2025
Imputed Staff Rumors and Red-Flag Hiring Records Defeat Summary Judgment in School CVA Abuse Cases Commentary on Harper v. Buffalo City School District, 2025 NY Slip Op 05595 (4th Dept Oct. 10, 2025)...
Matter of Cynthia M.: Unified Multi‑Domain Neglect Findings—and Sibling Derivative Neglect—Based on Unrebutted Medical, Dental, and School Records

Matter of Cynthia M.: Unified Multi‑Domain Neglect Findings—and Sibling Derivative Neglect—Based on Unrebutted Medical, Dental, and School Records

Date: Oct 13, 2025
Matter of Cynthia M.: Unified Multi‑Domain Neglect Findings—and Sibling Derivative Neglect—Based on Unrebutted Medical, Dental, and School Records Introduction In Matter of Cynthia M., 2025 NY Slip...
People v. Clea: Fourth Department Limits Penal Law § 265.09(2) Firearm Enhancement to the Indicted Predicate Class B Felony and Requires a Jury Finding of Display of a Loaded, Operable Weapon

People v. Clea: Fourth Department Limits Penal Law § 265.09(2) Firearm Enhancement to the Indicted Predicate Class B Felony and Requires a Jury Finding of Display of a Loaded, Operable Weapon

Date: Oct 13, 2025
People v. Clea: Limiting Penal Law § 265.09(2) to the Indicted Predicate Class B Felony with a Proven Display of a Loaded, Operable Weapon Introduction In People v. Clea, 2025 NY Slip Op 05590 (4th...
Reinstatement Is Not a Silo: Wisconsin Supreme Court Imposes an Affirmative Duty to Disclose Concurrent Discipline and Confirms the Expansive Scope of SCR 22.305 (Office of Lawyer Regulation v. Steven D. Johnson, 2025 WI 45)

Reinstatement Is Not a Silo: Wisconsin Supreme Court Imposes an Affirmative Duty to Disclose Concurrent Discipline and Confirms the Expansive Scope of SCR 22.305 (Office of Lawyer Regulation v. Steven D. Johnson, 2025 WI 45)

Date: Oct 13, 2025
Reinstatement Is Not a Silo: Wisconsin Supreme Court Imposes an Affirmative Duty to Disclose Concurrent Discipline and Confirms the Expansive Scope of SCR 22.305 Case: Office of Lawyer Regulation v....
Treating a Pending Reinstatement as De Facto Suspension: Public Censure for Lack of Candor in In re Kolb

Treating a Pending Reinstatement as De Facto Suspension: Public Censure for Lack of Candor in In re Kolb

Date: Oct 13, 2025
Treating a Pending Reinstatement as De Facto Suspension: Public Censure for Lack of Candor in In re Kolb Introduction In the Matter of Staci L. Kolb is a Rhode Island Supreme Court attorney...
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