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interpreting-& Case Commentaries

Consol Mining v. DOL: Third Circuit Affirms COPD-as-Pneumoconiosis Rule under the 15-Year Presumption

Consol Mining v. DOL: Third Circuit Affirms COPD-as-Pneumoconiosis Rule under the 15-Year Presumption

Date: Jul 12, 2025
Consol Mining v. United States Department of Labor (3d Cir. 2025): COPD Qualifies as Legal Pneumoconiosis Unless Specifically Rebutted Introduction Stanley D. Silk spent thirty-nine years underground...
“Circumstantial Tax Liability Evidence & Voir-Dire Discretion” – A Commentary on United States v. Jonathan Michael (3d Cir. 2025)

“Circumstantial Tax Liability Evidence & Voir-Dire Discretion” – A Commentary on United States v. Jonathan Michael (3d Cir. 2025)

Date: Jul 12, 2025
“Circumstantial Tax Liability Evidence & Voir-Dire Discretion” A Comprehensive Commentary on United States v. Jonathan Michael, 71 F.4th ___ (3d Cir. 2025) Introduction The Third Circuit’s...
“Reasonable Relationship, Not Perfect Tailoring” – The Fifth Circuit’s Suicide-Prevention Confinement Standard after Alexander v. Taft

“Reasonable Relationship, Not Perfect Tailoring” – The Fifth Circuit’s Suicide-Prevention Confinement Standard after Alexander v. Taft

Date: Jul 12, 2025
“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

Lavigne v. Hooper: Fifth Circuit Clarifies the “Due-Diligence” Threshold and Mandatory Evidentiary Hearings for Pro Se §2254 Petitioners Alleging Plea-Stage Ineffective Assistance

Date: Jul 12, 2025
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

Beyond Industry Custom: Fifth Circuit Clarifies Employer Duties Under OSHA Machine-Guarding Standard

Date: Jul 12, 2025
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)

“Contemplated” Is Not “Conveyed”: The Fifth Circuit Clarifies Conditional Assignments of Post-Loss Insurance Rights in Navarre v. AIG Property Casualty (2025)

Date: Jul 12, 2025
“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 – A Commentary on Traffic Jam Events v. FTC (2025)

“Deceptive” ≠ “Unfair”: The Fifth-Circuit’s Definitive Statement on §45(n) and the Scope of FTC Authority – A Commentary on Traffic Jam Events v. FTC (2025)

Date: Jul 12, 2025
“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

United States v. Cortez-Zepeda: Fifth Circuit Reaffirms the Defendant’s Burden to Invalidate Signed Waivers in § 1326(d) Collateral Attacks

Date: Jul 12, 2025
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

United States v. Silva: Endorsing Proportional Drug-Quantity Attribution for Minor Co-Conspirators under U.S.S.G. §1B1.3

Date: Jul 12, 2025
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 Commentary on Andrew Berzanskis v. FCA US, LLC (6th Cir. 2025)

“Knowledge-Based Waiver” and the Party-Presentation Rule: A Commentary on Andrew Berzanskis v. FCA US, LLC (6th Cir. 2025)

Date: Jul 12, 2025
“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

Finality over Flexibility: Sixth Circuit Bars Rule 60(b) Re-Litigation after an FTCA Judgment

Date: Jul 12, 2025
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

Braid v. Stilley: Interpleader Jurisdiction Meets Colorado River – Seventh Circuit Defines the Limits of Federal Intervention in S.B. 8 “Bounty Hunter” Actions

Date: Jul 12, 2025
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

Personal Knowledge, Hearsay Barriers, and Prisoner Litigation: The Seventh Circuit’s Clarification in Taylor v. Buss on Deliberate Indifference and Retaliation Proof

Date: Jul 12, 2025
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 Lee v. Perez Stanford (7th Cir. 2025)

Reaffirming the High Bar for “Class-of-One” Equal-Protection Claims in the Sex-Offender Registration Context: Flynt Lee v. Perez Stanford (7th Cir. 2025)

Date: Jul 12, 2025
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 Co. v. Best Inn Midwest, LLC

Establishing Vacancy Through Rule 37 Sanctions: A Commentary on Ohio Security Insurance Co. v. Best Inn Midwest, LLC

Date: Jul 12, 2025
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

Fourth Circuit Clarifies Reliance on Reliable Hearsay for the §2K2.1(b)(6)(B) Enhancement

Date: Jul 12, 2025
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

Loginov v. Sheridan Memorial Hospital: Tenth Circuit Affirms Broad Wyoming COVID-19 Health-Care Immunity and Reinforces Strict Rule 56(d) Affidavit Requirement

Date: Jul 12, 2025
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

“From Speculation to Substantial Evidence” – The Tenth Circuit’s Clarification of the Personalized-Risk Standard for CAT Protection in Moundih v. Bondi

Date: Jul 12, 2025
“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 – A Commentary on Rodgers v. Torrez (10th Cir. 2025)

Absolute Prosecutorial Immunity Now Encompasses the Initiation of Civil Enforcement Actions – A Commentary on Rodgers v. Torrez (10th Cir. 2025)

Date: Jul 12, 2025
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

United States v. Bayless: Delineating the Outer Limits of Confrontation-Clause Impeachment and Rule 412 Exceptions

Date: Jul 12, 2025
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...
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