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interpreting-& Case Commentaries

“Chain-of-Speculation” Insufficiency and Minor-Service NTAs: A Commentary on Lopez-Avila v. Bondi

“Chain-of-Speculation” Insufficiency and Minor-Service NTAs: A Commentary on Lopez-Avila v. Bondi

Date: Aug 6, 2025
“Chain-of-Speculation” Insufficiency and Minor-Service NTAs: An In-Depth Commentary on Lopez-Avila v. Bondi 1. Introduction The Second Circuit’s summary order in Lopez-Avila v. Bondi (Aug. 1 2025)...
Second Circuit Re-Affirms § 922(g)(1) Constitutionality Post-Zherka: A Commentary on United States v. Martin (2025)

Second Circuit Re-Affirms § 922(g)(1) Constitutionality Post-Zherka: A Commentary on United States v. Martin (2025)

Date: Aug 6, 2025
Second Circuit Re-Affirms § 922(g)(1) Constitutionality Post-Zherka: Comprehensive Commentary on United States v. Martin (2d Cir. 2025) 1. Introduction United States v. Martin, No. 23-7507-cr,...
Affirming Broad District Court Discretion in AVAA Restitution Calculations: United States v. Schmitt (2d Cir. 2025)

Affirming Broad District Court Discretion in AVAA Restitution Calculations: United States v. Schmitt (2d Cir. 2025)

Date: Aug 6, 2025
Affirming Broad District Court Discretion in AVAA Restitution Calculations: United States v. Schmitt (2d Cir. 2025) Introduction United States v. Schmitt concerns the appeal of Michael Schmitt, who...
“Certifying Speech”: Volokh v. James and the Future Scrutiny of Social-Media Disclosure Mandates

“Certifying Speech”: Volokh v. James and the Future Scrutiny of Social-Media Disclosure Mandates

Date: Aug 6, 2025
“Certifying Speech”: Volokh v. James and the Future Scrutiny of Social-Media Disclosure Mandates I. Introduction Volokh v. James, No. 23-356 (2d Cir. Aug. 1, 2025), is the Second Circuit’s first deep...
“Contextual Conduct Comparator Doctrine” – Mann v. Koch Foods of Ashland LLC (11th Cir. 2025)

“Contextual Conduct Comparator Doctrine” – Mann v. Koch Foods of Ashland LLC (11th Cir. 2025)

Date: Aug 6, 2025
“Contextual Conduct Comparator Doctrine” – Mann v. Koch Foods of Ashland LLC (11th Cir. 2025) Introduction In Belinda Mann v. Koch Foods of Ashland LLC, No. 24-10709 (11th Cir. Aug. 1, 2025), the...
Eleventh Circuit Affirms Broad Judicial Discretion to Deny §1329 Modifications Seeking Post-Petition Personal-Injury Proceeds

Eleventh Circuit Affirms Broad Judicial Discretion to Deny §1329 Modifications Seeking Post-Petition Personal-Injury Proceeds

Date: Aug 6, 2025
Eleventh Circuit Affirms Broad Judicial Discretion to Deny §1329 Modifications Seeking Post-Petition Personal-Injury Proceeds Introduction On 1 August 2025 the United States Court of Appeals for the...
Discretion Re-Affirmed: Post-Petition Personal-Injury Proceeds Need Not Trigger Chapter 13 Plan Modification – Commentary on Christopher Conte v. Peggy Proffitt (11th Cir. 2025)

Discretion Re-Affirmed: Post-Petition Personal-Injury Proceeds Need Not Trigger Chapter 13 Plan Modification – Commentary on Christopher Conte v. Peggy Proffitt (11th Cir. 2025)

Date: Aug 6, 2025
Discretion Re-Affirmed: Post-Petition Personal-Injury Proceeds Need Not Trigger Chapter 13 Plan Modification – Commentary on Christopher Conte v. Peggy Proffitt (11th Cir. 2025) 1. Introduction This...
United States v. Sharper: Eleventh Circuit Reaffirms Constitutionality of 18 U.S.C. § 922(g)(1) After Bruen and Rahimi

United States v. Sharper: Eleventh Circuit Reaffirms Constitutionality of 18 U.S.C. § 922(g)(1) After Bruen and Rahimi

Date: Aug 6, 2025
United States v. Sharper: Eleventh Circuit Reaffirms Constitutionality of 18 U.S.C. § 922(g)(1) After Bruen and Rahimi Introduction On 1 August 2025, the United States Court of Appeals for the...
Evergreen Clauses Trump the One-Employee Unit Rule: Third Circuit Fortifies § 9(a) Collective-Bargaining Agreements

Evergreen Clauses Trump the One-Employee Unit Rule: Third Circuit Fortifies § 9(a) Collective-Bargaining Agreements

Date: Aug 6, 2025
Evergreen Clauses Trump the One-Employee Unit Rule: Third Circuit Fortifies § 9(a) Collective-Bargaining Agreements Introduction Case: Brian Trematore Plumbing & Heating Co., Inc. v. Sheet Metal...
Jamie G. v. DCF: Sovereign Immunity Waiver Does Not Abrogate Quasi-Judicial Immunity under Connecticut General Statutes § 4-160

Jamie G. v. DCF: Sovereign Immunity Waiver Does Not Abrogate Quasi-Judicial Immunity under Connecticut General Statutes § 4-160

Date: Aug 6, 2025
Jamie G. v. Department of Children & Families (Conn. 2025): Preserving Quasi-Judicial Immunity Despite a Sovereign Immunity Waiver under § 4-160 Introduction On 5 August 2025 the Connecticut Supreme...

        State v. Cromedy – 2025 NJ Supreme Court Declares N.J.S.A. 2C:39-5(j) a Stand-Alone First-Degree Offence
        Unaffected by the Graves Act

State v. Cromedy – 2025 NJ Supreme Court Declares N.J.S.A. 2C:39-5(j) a Stand-Alone First-Degree Offence Unaffected by the Graves Act

Date: Aug 6, 2025
State v. Cromedy: N.J.S.A. 2C:39-5(j) Is a Substantive First-Degree Crime Outside the Graves Act’s Mandatory Parole Bar Introduction On 5 August 2025 the Supreme Court of New Jersey, in State v....
White v. FCW Law Offices: Harmonising Treble Damages and CUTPA Punitive Damages

White v. FCW Law Offices: Harmonising Treble Damages and CUTPA Punitive Damages

Date: Aug 6, 2025
White v. FCW Law Offices (2025): Harmonising Treble Damages for Identity Theft with Punitive Damages under CUTPA 1. Introduction In White v. FCW Law Offices, the Supreme Court of Connecticut...
High Watch Recovery Center Rule: Competitors Lack Standing to Appeal Connecticut Certificate-of-Need Approvals

High Watch Recovery Center Rule: Competitors Lack Standing to Appeal Connecticut Certificate-of-Need Approvals

Date: Aug 6, 2025
High Watch Recovery Center Rule: Competitors Lack Standing to Appeal Connecticut Certificate-of-Need Approvals Introduction On 5 August 2025 the Supreme Court of Connecticut delivered its opinion in...
Norton v. Adams: Narrowing the Path for Federal Injunctions of State Foreclosure Sales under the Anti-Injunction Act

Norton v. Adams: Narrowing the Path for Federal Injunctions of State Foreclosure Sales under the Anti-Injunction Act

Date: Aug 5, 2025
Norton v. Adams: Narrowing the Path for Federal Injunctions of State Foreclosure Sales under the Anti-Injunction Act Introduction In Bruce Norton v. Joseph C. Adams, No. 25-2361 (3d Cir. Aug. 1...
Empowering the Jury: Third Circuit Clarifies When Expert Causation Testimony Is Unnecessary in Pennsylvania Products-Liability Litigation

Empowering the Jury: Third Circuit Clarifies When Expert Causation Testimony Is Unnecessary in Pennsylvania Products-Liability Litigation

Date: Aug 5, 2025
Empowering the Jury: Third Circuit Clarifies When Expert Causation Testimony Is Unnecessary in Pennsylvania Products-Liability Litigation I. Introduction In Keith Slatowski v. Sig Sauer Inc., No....
Ownership Alone Is Not Command: Third Circuit Clarifies “Person in Charge” Standard Under 18 U.S.C. § 2237(a)(1)

Ownership Alone Is Not Command: Third Circuit Clarifies “Person in Charge” Standard Under 18 U.S.C. § 2237(a)(1)

Date: Aug 5, 2025
Ownership Alone Is Not Command: Third Circuit Clarifies “Person in Charge” Standard Under 18 U.S.C. § 2237(a)(1) 1. Introduction United States v. Jorge Romero-Amaro (3d Cir. 2025) addresses a...
“From Jury-Room to Courtroom Immunity” — Fifth Circuit Clarifies that Presiding over a General Jury Assembly Is a Judicial Act Protected by Absolute Immunity

“From Jury-Room to Courtroom Immunity” — Fifth Circuit Clarifies that Presiding over a General Jury Assembly Is a Judicial Act Protected by Absolute Immunity

Date: Aug 5, 2025
“From Jury-Room to Courtroom Immunity” — Fifth Circuit Clarifies that Presiding over a General Jury Assembly Is a Judicial Act Protected by Absolute Immunity 1. Introduction In Jones v. King,...
United States v. Hernandez: Narrowing Remand under Rule 36 to True Clerical Errors

United States v. Hernandez: Narrowing Remand under Rule 36 to True Clerical Errors

Date: Aug 5, 2025
United States v. Hernandez: Narrowing Remand under Rule 36 to True Clerical Errors 1. Introduction In United States v. Hernandez, No. 24-11053 (5th Cir. Aug. 1, 2025), the United States Court of...
“No Categorical ‘Idiocy’ Exemption”: Sixth Circuit Clarifies the Boundary between Ford Competency Claims and Atkins Intellectual-Disability Claims in Successive Habeas Petitions

“No Categorical ‘Idiocy’ Exemption”: Sixth Circuit Clarifies the Boundary between Ford Competency Claims and Atkins Intellectual-Disability Claims in Successive Habeas Petitions

Date: Aug 5, 2025
“No Categorical ‘Idiocy’ Exemption”: Sixth Circuit Clarifies the Boundary between Ford Competency Claims and Atkins Intellectual-Disability Claims in Successive Habeas Petitions 1. Introduction In In...
“Statute-of-Conviction” Supremacy in First Step Act Motions:  A Commentary on United States v. Ervin Junius Thornton, II (6th Cir. 2025)

“Statute-of-Conviction” Supremacy in First Step Act Motions: A Commentary on United States v. Ervin Junius Thornton, II (6th Cir. 2025)

Date: Aug 5, 2025
“Statute-of-Conviction” Supremacy in First Step Act Motions A Comprehensive Commentary on United States v. Ervin Junius Thornton, II, 6th Cir., Aug. 1 2025 I. Introduction In United States v. Ervin...
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