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“Reasonable Relationship, Not Perfect Tailoring” – The Fifth Circuit’s Suicide-Prevention Confinement Standard after Alexander v. Taft I. Introduction In Alexander v. Taft, No. 24-10663 (5th Cir....
Lavigne v. Hooper: Fifth Circuit Clarifies the “Due-Diligence” Threshold and Mandatory Evidentiary Hearings for Pro Se §2254 Petitioners Alleging Plea-Stage Ineffective Assistance Introduction The...
Beyond Industry Custom: Fifth Circuit Clarifies Employer Duties Under OSHA Machine-Guarding Standard 1. Introduction In Mar-Jac Poultry MS, L.L.C. v. Secretary, U.S. Department of Labor, No. 24-60026...
“Contemplated” Is Not “Conveyed”: The Fifth Circuit Clarifies Conditional Assignments of Post-Loss Insurance Rights in Navarre v. AIG Property Casualty (2025) 1. Introduction The United States Court...
“Deceptive” ≠ “Unfair”: The Fifth-Circuit’s Definitive Statement on §45(n) and the Scope of FTC Authority – Commentary on Traffic Jam Events v. FTC, No. 21-60947 (5th Cir. 2025) 1. Introduction...
United States v. Cortez-Zepeda: Fifth Circuit Reaffirms the Defendant’s Burden to Invalidate Signed Waivers in § 1326(d) Collateral Attacks Introduction In United States v. Cortez-Zepeda,...
United States v. Silva: Endorsing Proportional Drug-Quantity Attribution for Minor Co-Conspirators under U.S.S.G. §1B1.3 Introduction The Court of Appeals for the Fifth Circuit, in United States v....
“Knowledge-Based Waiver” and the Party-Presentation Rule: A Comprehensive Commentary on Andrew Berzanskis v. FCA US, LLC (6th Cir. July 10, 2025) 1. Introduction The Sixth Circuit’s published opinion...
Finality over Flexibility: Sixth Circuit Bars Rule 60(b) Re-Litigation after an FTCA Judgment Introduction James King v. United States is the latest chapter in a decade-long fight over the limits of...
Braid v. Stilley: Interpleader Jurisdiction Meets Colorado River – Seventh Circuit Defines the Limits of Federal Intervention in S.B. 8 “Bounty Hunter” Actions 1. Introduction In Alan Braid v. Oscar...
Personal Knowledge, Hearsay Barriers, and Prisoner Litigation: The Seventh Circuit’s Clarification in Taylor v. Buss on Deliberate Indifference and Retaliation Proof 1. Introduction In Brent Taylor...
Reaffirming the High Bar for “Class-of-One” Equal-Protection Claims in the Sex-Offender Registration Context: Flynt J. Lee v. Perez Stanford, No. 24-2417 (7th Cir. July 10, 2025) 1. Introduction This...
Establishing Vacancy Through Rule 37 Sanctions: A Commentary on Ohio Security Insurance Company v. Best Inn Midwest, LLC Introduction The Seventh Circuit’s decision in Ohio Security Insurance Company...
Fourth Circuit Clarifies Reliance on Reliable Hearsay for the §2K2.1(b)(6)(B) Enhancement United States v. Patrick Hilkah McManus, No. 23-4278 (4th Cir. July 10, 2025) – Unpublished but persuasive...
Loginov v. Sheridan Memorial Hospital: Tenth Circuit Affirms Broad Wyoming COVID-19 Health-Care Immunity and Reinforces Strict Rule 56(d) Affidavit Requirement Introduction In Loginov v. Sheridan...
“From Speculation to Substantial Evidence” The Tenth Circuit’s Clarification of the Personalized-Risk Standard for CAT Protection in Moundih v. Bondi 1. Introduction Case Name: Fonka Arouna Moundih...
Absolute Prosecutorial Immunity Now Encompasses the Initiation of Civil Enforcement Actions: Rodgers v. Torrez, 82 F.4th ___ (10th Cir. 2025) 1. Introduction Rodgers v. Torrez presented the U.S....
United States v. Bayless: Delineating the Outer Limits of Confrontation-Clause Impeachment and Rule 412 Exceptions Introduction United States v. Bayless (10th Cir. July 10, 2025) addresses a...
Frazier v. Kuhn: Third Circuit Reaffirms that Alternative Religious Accommodations Defeat Likelihood of Success for Prisoner Preliminary Injunctions 1. Introduction In Jasper Frazier v. Victoria L....
“No Grievance, No Federal Claim” – Third Circuit Clarifies that Temporary Grievance Filing Restrictions Do Not Excuse PLRA Exhaustion (Commentary on Rhonshawn Jackson v. Knapp, 24-3183, 3d Cir. July...