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interpreting-&amp Case Commentaries

United States v. Hecke: Seventh Circuit Clarifies Materiality & Intent Standards for Franks Hearings and Affirms Limits on Constructive Amendment

United States v. Hecke: Seventh Circuit Clarifies Materiality & Intent Standards for Franks Hearings and Affirms Limits on Constructive Amendment

Date: Aug 13, 2025
United States v. Steven J. Hecke Seventh Circuit Refines the Threshold for Franks Hearings, Re-emphasises the Contours of Constructive Amendment, and Upholds Sentencing Enhancements 1. Introduction...
Clarifying the Nexus Requirement: Aquino-Menendez v. Bondi and the Limits of Particular-Social-Group Claims in Gang-Based Persecution

Clarifying the Nexus Requirement: Aquino-Menendez v. Bondi and the Limits of Particular-Social-Group Claims in Gang-Based Persecution

Date: Aug 13, 2025
Clarifying the Nexus Requirement: Aquino-Menendez v. Bondi and the Limits of Particular-Social-Group Claims in Gang-Based Persecution Introduction In Blanca Aquino-Menendez v. Pamela Bondi, the...
No Duty Beyond Article 4A: Fourth Circuit Clarifies Banks’ Liability for Elder Wire-Fraud – Commentary on Satterfield v. Wells Fargo Bank, N.A. (4th Cir. 2025)

No Duty Beyond Article 4A: Fourth Circuit Clarifies Banks’ Liability for Elder Wire-Fraud – Commentary on Satterfield v. Wells Fargo Bank, N.A. (4th Cir. 2025)

Date: Aug 13, 2025
No Duty Beyond Article 4A: Fourth Circuit Clarifies Banks’ Liability for Elder Wire-Fraud (Commentary on Janine Satterfield v. Wells Fargo Bank, N.A., 4th Cir. 2025) 1. Introduction The Fourth...
Bell v. Streeval: Fourth Circuit Retires the Jones–Wheeler–Young Saving-Clause Doctrine After Jones v. Hendrix

Bell v. Streeval: Fourth Circuit Retires the Jones–Wheeler–Young Saving-Clause Doctrine After Jones v. Hendrix

Date: Aug 13, 2025
Bell v. Streeval: Fourth Circuit Retires the Jones / Wheeler / Young Saving-Clause Doctrine After Jones v. Hendrix I. Introduction Jason Tyann Bell, a federal inmate sentenced in 2003 under the...
Privileged Records Are Categorically Exempt; Original Payment Records Must Be Disclosed: Keene Publishing Corp. v. Fall Mountain Reg’l Sch. Dist. (2025)

Privileged Records Are Categorically Exempt; Original Payment Records Must Be Disclosed: Keene Publishing Corp. v. Fall Mountain Reg’l Sch. Dist. (2025)

Date: Aug 13, 2025
Privileged Records Are Categorically Exempt; Original Payment Records Must Be Disclosed: Keene Publishing Corp. v. Fall Mountain Reg’l Sch. Dist. (2025) Introduction In Keene Publishing Corporation...
Bates v. Florida: Reaffirming Strict Procedural Bars and Narrow Warrant‑Period Rights in Capital Postconviction Practice

Bates v. Florida: Reaffirming Strict Procedural Bars and Narrow Warrant‑Period Rights in Capital Postconviction Practice

Date: Aug 13, 2025
Bates v. Florida: Reaffirming Strict Procedural Bars and Narrow Warrant‑Period Rights in Capital Postconviction Practice Introduction In Kayle B. Bates v. State of Florida and Kayle B. Bates v....
Prejudice, Not Error: New Hampshire Supreme Court Reaffirms That Cumulative Outcry and Treating-Physician Testimony Do Not Establish Ineffective Assistance Absent a Reasonable Probability of a Different Result

Prejudice, Not Error: New Hampshire Supreme Court Reaffirms That Cumulative Outcry and Treating-Physician Testimony Do Not Establish Ineffective Assistance Absent a Reasonable Probability of a Different Result

Date: Aug 13, 2025
Prejudice, Not Error: New Hampshire Supreme Court Reaffirms That Cumulative Outcry and Treating-Physician Testimony Do Not Establish Ineffective Assistance Absent a Reasonable Probability of a...
Prior Threats as Intrinsic Evidence of "Present Threat" Coercion in AFSA: The New Hampshire Supreme Court’s Clarification in State v. Rinaldi

Prior Threats as Intrinsic Evidence of "Present Threat" Coercion in AFSA: The New Hampshire Supreme Court’s Clarification in State v. Rinaldi

Date: Aug 13, 2025
Prior Threats as Intrinsic Evidence of "Present Threat" Coercion in AFSA: The New Hampshire Supreme Court’s Clarification in State v. Rinaldi Introduction In State of New Hampshire v. Matthew Rinaldi...
Eleventh Circuit: Failure to Escalate Known Severe Dental Pain Can Show Deliberate Indifference; Grievance Denial Alone Is Insufficient for §1983 Supervisory Liability

Eleventh Circuit: Failure to Escalate Known Severe Dental Pain Can Show Deliberate Indifference; Grievance Denial Alone Is Insufficient for §1983 Supervisory Liability

Date: Aug 13, 2025
Eleventh Circuit: Failure to Escalate Known Severe Dental Pain Can Show Deliberate Indifference; Grievance Denial Alone Is Insufficient for §1983 Supervisory Liability Introduction In Robert DiPietro...
Variance Scope Is Defined by Applicant Representations; Public Rentals and Simulator Uses Exceed Accessory-Use Variances, and Redevelopment Abandons Prior Nonconforming Use — 135 NSS, LLC v. City of Concord (N.H. 2025)

Variance Scope Is Defined by Applicant Representations; Public Rentals and Simulator Uses Exceed Accessory-Use Variances, and Redevelopment Abandons Prior Nonconforming Use — 135 NSS, LLC v. City of Concord (N.H. 2025)

Date: Aug 13, 2025
Variance Scope Is Defined by Applicant Representations; Public Rentals and Simulator Uses Exceed Accessory-Use Variances, and Redevelopment Abandons Prior Nonconforming Use — 135 NSS, LLC v. City of...
“Only the Named Insured May Exhaust the SIR” – Delaware Supreme Court’s Definitive Guidance in In Re Aearo Technologies LLC Insurance Appeals

“Only the Named Insured May Exhaust the SIR” – Delaware Supreme Court’s Definitive Guidance in In Re Aearo Technologies LLC Insurance Appeals

Date: Aug 13, 2025
“Only the Named Insured May Exhaust the SIR” – Delaware Supreme Court’s Definitive Guidance in In Re Aearo Technologies LLC Insurance Appeals 1. Introduction The Supreme Court of Delaware, sitting en...
“CT-Scan Supremacy”: Potomac Coal Co. v. DOWCP and the Fourth Circuit’s Clarification on Establishing Complicated Pneumoconiosis Under 20 C.F.R. § 718.304

“CT-Scan Supremacy”: Potomac Coal Co. v. DOWCP and the Fourth Circuit’s Clarification on Establishing Complicated Pneumoconiosis Under 20 C.F.R. § 718.304

Date: Aug 12, 2025
“CT-Scan Supremacy”: Potomac Coal Co. v. DOWCP and the Fourth Circuit’s Clarification on Establishing Complicated Pneumoconiosis Under 20 C.F.R. § 718.304 1. Introduction Potomac Coal Company v....
Herold v. Christensen: Tenth Circuit Narrows “Obvious-Violation” Path around Qualified Immunity for Close-Range Pepper-Spray Deployments

Herold v. Christensen: Tenth Circuit Narrows “Obvious-Violation” Path around Qualified Immunity for Close-Range Pepper-Spray Deployments

Date: Aug 12, 2025
Herold v. Christensen: Tenth Circuit Narrows “Obvious-Violation” Path around Qualified Immunity for Close-Range Pepper-Spray Deployments Introduction On 6 August 2025 the United States Court of...
“Consolidating Skrmetti” – Poe v. Drummond and the Rational-Basis Standard for State Bans on Pediatric Gender-Transition Procedures

“Consolidating Skrmetti” – Poe v. Drummond and the Rational-Basis Standard for State Bans on Pediatric Gender-Transition Procedures

Date: Aug 12, 2025
“Consolidating Skrmetti” – Poe v. Drummond and the Rational-Basis Standard for State Bans on Pediatric Gender-Transition Procedures 1. Introduction Poe v. Drummond, decided by the United States Court...
Reaffirming Qualified Immunity for Prison Officials When a Medical “No-Handcuff” Pass Has Expired – A Commentary on Bangmon v. Tucker (5th Cir. 2025)

Reaffirming Qualified Immunity for Prison Officials When a Medical “No-Handcuff” Pass Has Expired – A Commentary on Bangmon v. Tucker (5th Cir. 2025)

Date: Aug 12, 2025
Reaffirming Qualified Immunity for Prison Officials When a Medical “No-Handcuff” Pass Has Expired – A Commentary on Bangmon v. Tucker (5th Cir. 2025) Introduction The United States Court of Appeals...
The Presence-Membership Test: Fifth Circuit Upholds Mass-Warrant Sufficiency Post-Twin Peaks

The Presence-Membership Test: Fifth Circuit Upholds Mass-Warrant Sufficiency Post-Twin Peaks

Date: Aug 12, 2025
The Presence-Membership Test: Fifth Circuit Upholds Mass-Warrant Sufficiency Post-Twin Peaks Introduction Barnhart v. Stroman is the latest—and likely last—chapter in the spate of civil-rights suits...
Berger v. Lexington Insurance ‑ Fifth Circuit Clarifies that an Invalid Uninsured-Motorist Waiver Does Not Trigger “Drop-Down” Coverage under Louisiana Umbrella Policies

Berger v. Lexington Insurance ‑ Fifth Circuit Clarifies that an Invalid Uninsured-Motorist Waiver Does Not Trigger “Drop-Down” Coverage under Louisiana Umbrella Policies

Date: Aug 12, 2025
Invalid UM Waiver ≠ Drop-Down: Berger v. Lexington Insurance and the Limits of Umbrella Liability under Louisiana Law Introduction Berger v. Lexington Insurance (5th Cir. Aug. 5 2025) addresses...
“The Unilateral-Manager Rule” – Why a Manager’s Forum Contacts Cannot Confer Jurisdiction on an LLC: A Commentary on CDC Real Estate v. La Biela (5th Cir. 2025)

“The Unilateral-Manager Rule” – Why a Manager’s Forum Contacts Cannot Confer Jurisdiction on an LLC: A Commentary on CDC Real Estate v. La Biela (5th Cir. 2025)

Date: Aug 12, 2025
“The Unilateral-Manager Rule” – Why a Manager’s Forum Contacts Cannot Confer Jurisdiction on an LLC: A Commentary on CDC Real Estate v. La Biela (5th Cir. 2025) Introduction The United States Court...
Authority and Immunity in Campus Due-Process Litigation: The Fifth Circuit’s Guidance in Doe v. Prairie View

Authority and Immunity in Campus Due-Process Litigation: The Fifth Circuit’s Guidance in Doe v. Prairie View

Date: Aug 12, 2025
Authority and Immunity in Campus Due-Process Litigation: The Fifth Circuit’s Guidance in Doe v. Prairie View Introduction In Doe v. Prairie View A&M University, No. 24-20128 (5th Cir. Aug. 5, 2025),...
Elder v. Bass: Chronic Sanitation Failures as a Per Se Eighth-Amendment Violation in the Fifth Circuit

Elder v. Bass: Chronic Sanitation Failures as a Per Se Eighth-Amendment Violation in the Fifth Circuit

Date: Aug 12, 2025
Elder v. Bass: Chronic Sanitation Failures as a Per Se Eighth-Amendment Violation in the Fifth Circuit Introduction Elder v. Bass (5th Cir. Aug. 5, 2025) addresses whether prolonged and recurring...
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