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Qualified Immunity Denied for Unlawful Arrest and Excessive Force: The Pre-Shooting Conduct Standard in Ibarra v. Lee Introduction Ibarra v. Lee, decided May 5, 2025 by the Tenth Circuit, clarifies...
Invited Error and the Limits of Tapia v. United States: United States v. Allante Ramone Brown Introduction The Sixth Circuit’s decision in United States v. Allante Ramone Brown (No. 23-6029/6034,...
Establishing Subject-Matter Jurisdiction for Children in Guardianship: In re K.A., N.A., and J.B. Introduction In In re K.A., Jr., N.A. and J.B., the Supreme Court of Appeals of West Virginia...
Reaffirmation of the Unwaivable Consent of Surety Requirement in Public Contract Bidding Introduction In In the Matter of Protest Filed by El Sol Contracting and Construction Corp., Contract...
Xi He v. Bondi: Upholding Frivolous Asylum Findings on Circumstantial Evidence under the Clear and Convincing Standard Introduction Xin He, a Chinese national, applied for asylum in the United...
Cached Thumbnails as Evidence of Knowing Possession in Child Pornography Prosecutions Introduction United States v. Edward C. Brown is a Seventh Circuit decision upholding a conviction for possession...
Independent Jurisdictional Basis Required for Severed Settlement Enforcement Claims Introduction PNC Bank v. 2013 Travis Oak Creek, L.P. arises from a dispute over enforcement of a settlement...
Eligibility and Discretionary Limits on Retroactive §4C1.1 Sentence Reductions Introduction This commentary examines the United States Court of Appeals for the Sixth Circuit’s decision in United...
Intervening Cause Defense in Colorado’s Fentanyl-Death Enhancement Statute Introduction In Re The People of the State of Colorado v. Patrick L. Beverly, II (2025 CO 18) presents the first opportunity...
Gould v. Guerriero: Qualified Immunity and Probable Cause in Officer’s Use of a Firearm to Enforce Compliance Introduction In Ryan Gould v. Bethany Guerriero (Eleventh Circuit, May 5, 2025), the...
Employer Nonliability for Unforeseeable Third-Party Criminal Acts: Proximate Causation Limits in Gimenez v. McLane Introduction Marilys Gimenez v. McLane Foodservice, Inc. is a decision from the...
United States v. Romeo: No Sixth Amendment Right to Counsel in Post-Judgment Substitute-Asset Forfeiture and CCPA Garnishment Exclusion for Lump-Sum Proceeds Introduction United States v. Romeo,...
Objective Verifiability and Accuracy in FCRA Reporting: Garcia v. Synovus Bank Introduction In Pablo Antonio Garcia v. Synovus Bank, the United States Court of Appeals for the Eleventh Circuit...
Clarifying FOIA Exemption 6: Public Interest Outweighs Privacy in Disclosing Non-Policy-Making Employees’ Identities Introduction The Fifth Circuit’s decision in Texas Public Policy Foundation v....
Waiver of Tapia-Based Sentencing Claims Through Invited Error in United States v. Allante R. Brown Introduction In United States v. Allante Ramone Brown, 6th Cir. No. 23-6029/6034 (May 5, 2025), the...
Damages Awards Are Not “Payments” Under Reinstatement Clauses: Comerica Bank v. Pratt Introduction In Comerica Bank, Inc. v. Larry Pratt, 25a0228n.06 (6th Cir. May 5, 2025), the Sixth Circuit...
Reservation of Overpayment Credits in Marital Property Division: Waiver Through Pretrial Stipulation Introduction This case, O’Dea v. Downs, arises from a property‐division proceeding ancillary to...
Expansion of AEDPA Tolling: Fla. R. App. P. 9.141(d) Petitions as “Properly Filed” Introduction This commentary examines the Eleventh Circuit’s decision in Jimmy Geathers, III v. Secretary,...
Ensuring Reliability in CSAAS-Based Expert Testimony: Daubert Compliance under MRE 702 Introduction The Michigan Supreme Court’s May 2, 2025 order in People of the State of Michigan v. Juan Jose Del...
Habeas Corpus Relief for Void Habitual-Criminal Sentences and the Limits of Nunc Pro Tunc Corrections Introduction Ballheim v. Settles (318 Neb. 873, 2025) arose from Trever Ballheim’s collateral...