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limits-on-magistrate-judges&amp Case Commentaries


Second Circuit Reaffirms Limited Duty to Reconcile Minor Statistical Sentencing Gaps and Upholds Cognitive-Behavioral Therapy as a Special Condition of Supervised Release – Commentary on United States v. Ramos-Acevedo

Second Circuit Reaffirms Limited Duty to Reconcile Minor Statistical Sentencing Gaps and Upholds Cognitive-Behavioral Therapy as a Special Condition of Supervised Release – Commentary on United States v. Ramos-Acevedo

Date: Jul 22, 2025
Second Circuit Reaffirms Limited Duty to Reconcile Minor Statistical Sentencing Gaps and Upholds Cognitive-Behavioral Therapy as a Special Condition of Supervised Release – Commentary on United...
Alay v. Bondi: Clarifying “Individualized Assessment” and Evidence Review under the
            Exceptional-and-Extremely-Unusual-Hardship Standard

Alay v. Bondi: Clarifying “Individualized Assessment” and Evidence Review under the Exceptional-and-Extremely-Unusual-Hardship Standard

Date: Jul 22, 2025
Alay v. Bondi: Clarifying “Individualized Assessment” and Evidence Review under the Exceptional-and-Extremely-Unusual-Hardship Standard 1. Introduction On 16 July 2025 the United States Court of...
The Jackson Rule: Equity in Tax-Foreclosed Property Remains Protected When Government Uses Right-of-First-Refusal

The Jackson Rule: Equity in Tax-Foreclosed Property Remains Protected When Government Uses Right-of-First-Refusal

Date: Jul 22, 2025
The Jackson Rule: Equity in Tax-Foreclosed Property Remains Protected When Government Uses the Right-of-First-Refusal Introduction In Louis Jackson v. Southfield Neighborhood Revitalization...
The “Zero-Surplus, Zero-Taking” Doctrine:  Michigan Supreme Court’s Clarification in Yono v. County of Ingham (2025)

The “Zero-Surplus, Zero-Taking” Doctrine: Michigan Supreme Court’s Clarification in Yono v. County of Ingham (2025)

Date: Jul 22, 2025
The “Zero-Surplus, Zero-Taking” Doctrine: Michigan Supreme Court’s Clarification in Yono v. County of Ingham (2025) Introduction On 16 July 2025, the Supreme Court of Michigan delivered a unanimous...
Williams v. Fairfax County: The Fourth Circuit Clarifies that “Minor Discrepancies” Cannot Establish Pretext under Title VII

Williams v. Fairfax County: The Fourth Circuit Clarifies that “Minor Discrepancies” Cannot Establish Pretext under Title VII

Date: Jul 22, 2025
Williams v. Fairfax County: The Fourth Circuit Clarifies that “Minor Discrepancies” Cannot Establish Pretext under Title VII Introduction The Fourth Circuit Court of Appeals’ unpublished opinion in...
Fourth Circuit Clarifies Implied Indemnity Between Joint Tortfeasors in Strict Products Liability While Re-affirming the American Rule on Attorneys’ Fees

Fourth Circuit Clarifies Implied Indemnity Between Joint Tortfeasors in Strict Products Liability While Re-affirming the American Rule on Attorneys’ Fees

Date: Jul 22, 2025
Fourth Circuit Clarifies Implied Indemnity Between Joint Tortfeasors in Strict Products Liability While Re-affirming the American Rule on Attorneys’ Fees 1. Introduction The published opinion in...
No Scienter Necessary: The Fourth Circuit’s Landmark Ruling on Civil RICO “Unlawful-Debt” Claims in Williams v. Martorello

No Scienter Necessary: The Fourth Circuit’s Landmark Ruling on Civil RICO “Unlawful-Debt” Claims in Williams v. Martorello

Date: Jul 22, 2025
No Scienter Necessary: The Fourth Circuit’s Landmark Ruling on Civil RICO “Unlawful-Debt” Claims in Williams v. Martorello Introduction Williams v. Martorello, decided on 16 July 2025 by the United...
Clarifying Primary vs. Secondary Fault: Fourth Circuit Recognizes Implied Indemnification Between Joint Tortfeasors in Maryland Strict-Liability Actions, But Reaffirms the American Rule on Attorneys’ Fees

Clarifying Primary vs. Secondary Fault: Fourth Circuit Recognizes Implied Indemnification Between Joint Tortfeasors in Maryland Strict-Liability Actions, But Reaffirms the American Rule on Attorneys’ Fees

Date: Jul 22, 2025
Clarifying Primary vs. Secondary Fault: Fourth Circuit Recognizes Implied Indemnification Between Joint Tortfeasors in Maryland Strict-Liability Actions, But Reaffirms the American Rule on Attorneys’...
Foreign Insolvency as a Decisive Factor:  Tiber Creek Partners, LLC v. Ellume USA LLC and the Fourth Circuit’s Refined Test for Dismissing a Citizen-Plaintiff’s Home-Forum Suit on Forum Non Conveniens Grounds

Foreign Insolvency as a Decisive Factor: Tiber Creek Partners, LLC v. Ellume USA LLC and the Fourth Circuit’s Refined Test for Dismissing a Citizen-Plaintiff’s Home-Forum Suit on Forum Non Conveniens Grounds

Date: Jul 22, 2025
Foreign Insolvency as a Decisive Factor: Tiber Creek Partners, LLC v. Ellume USA LLC and the Fourth Circuit’s Refined Test for Dismissing a Citizen-Plaintiff’s Home-Forum Suit on Forum Non Conveniens...
Probable Cause Through Layered Suspicion:  The “Vallejos Framework” for Warrantless Automobile Searches & Non-Custodial Traffic-Stop Questioning

Probable Cause Through Layered Suspicion: The “Vallejos Framework” for Warrantless Automobile Searches & Non-Custodial Traffic-Stop Questioning

Date: Jul 22, 2025
Probable Cause Through Layered Suspicion: The “Vallejos Framework” for Warrantless Automobile Searches & Non-Custodial Traffic-Stop Questioning Introduction United States v. Vallejos, No. 24-2065...
Clarifying the Burden of Proving Trademark-Use Authorization in Gray-Market Goods: A Commentary on AL Infinity LLC v. Spalter (2d Cir. 2025)

Clarifying the Burden of Proving Trademark-Use Authorization in Gray-Market Goods: A Commentary on AL Infinity LLC v. Spalter (2d Cir. 2025)

Date: Jul 22, 2025
Clarifying the Burden of Proving Trademark-Use Authorization in Gray-Market Goods: A Commentary on AL Infinity LLC v. Spalter (2d Cir. 2025) 1. Introduction The Second Circuit’s summary order in AL...
Clarifying the Futility Exception: Mukhtorova v. Bondi and the “Unwilling-or-Unable” Test in U.S. Asylum Law

Clarifying the Futility Exception: Mukhtorova v. Bondi and the “Unwilling-or-Unable” Test in U.S. Asylum Law

Date: Jul 22, 2025
Clarifying the Futility Exception: Mukhtorova v. Bondi and the “Unwilling-or-Unable” Test in U.S. Asylum Law 1. Introduction Mukhtorova v. Bondi, No. 24-279 (2d Cir. July 15, 2025) is a summary order...
California Supreme Court Clarifies That Differences in Jury-Trial Availability Do Not Invalidate Forum-Selection Clauses: EpicentRx, Inc. v. Superior Court (2025)

California Supreme Court Clarifies That Differences in Jury-Trial Availability Do Not Invalidate Forum-Selection Clauses: EpicentRx, Inc. v. Superior Court (2025)

Date: Jul 22, 2025
Forum-Selection Clauses Are Not Void Simply Because the Chosen Forum Lacks Civil Jury Trials: EpicentRx, Inc. v. Superior Court (Cal. 2025) Introduction In EpicentRx, Inc. v. Superior Court, the...
Failure to Appear and Failure to Disclose Permit Income Attribution and Unequal Division: Zieroff Clarifies Trial Court Discretion and Appellate Record Presumptions in Default Divorce Hearings

Failure to Appear and Failure to Disclose Permit Income Attribution and Unequal Division: Zieroff Clarifies Trial Court Discretion and Appellate Record Presumptions in Default Divorce Hearings

Date: Jul 22, 2025
Failure to Appear and Failure to Disclose Permit Income Attribution and Unequal Division: Zieroff Clarifies Trial Court Discretion and Appellate Record Presumptions in Default Divorce Hearings...
People v. Choyce: Harmless Use of Disapproved “Assume the Penalty Will Be Carried Out” LWOP Instruction; Reaffirmed Limits on Heat‑of‑Passion and Live‑Victim Rape Rules

People v. Choyce: Harmless Use of Disapproved “Assume the Penalty Will Be Carried Out” LWOP Instruction; Reaffirmed Limits on Heat‑of‑Passion and Live‑Victim Rape Rules

Date: Jul 22, 2025
People v. Choyce: Harmless Use of Disapproved “Assume the Penalty Will Be Carried Out” LWOP Instruction; Reaffirmed Limits on Heat‑of‑Passion and Live‑Victim Rape Rules Introduction In People v....
“Beyond the Four Corners”: Florida Supreme Court Affirms Actionability of Implied Covenants in Public-University Contracts

“Beyond the Four Corners”: Florida Supreme Court Affirms Actionability of Implied Covenants in Public-University Contracts

Date: Jul 19, 2025
“Beyond the Four Corners”: Florida Supreme Court Affirms Actionability of Implied Covenants in Public-University Contracts 1. Introduction Anthony Rojas, a graduate student at the University of...
“Proffer Is Not Evidence”: Kansas Supreme Court Limits K.S.A. 38-2248(f) and Bars Termination of Parental Rights Based on Proffer Alone

“Proffer Is Not Evidence”: Kansas Supreme Court Limits K.S.A. 38-2248(f) and Bars Termination of Parental Rights Based on Proffer Alone

Date: Jul 19, 2025
“Proffer Is Not Evidence”: Kansas Supreme Court Limits K.S.A. 38-2248(f) and Bars Termination of Parental Rights Based on Proffer Alone Introduction In In re A.K., No. 127,259 (Kan. July 18, 2025),...
Post-Reprimand Statements and the Duty of Candor: The New Rokita Rule

Post-Reprimand Statements and the Duty of Candor: The New Rokita Rule

Date: Jul 19, 2025
Post-Reprimand Statements and the Duty of Candor: The Indiana Supreme Court’s “Rokita II” Framework for Attorney Discipline Introduction In In the Matter of Theodore Edward Rokita (“Rokita II”), the...
State v. Cherry: COVID‑19 Delays Weighed Neutrally in Barker Analysis; Trial Judges Have Discretion Over the Duration of Displaying Admitted Exhibits

State v. Cherry: COVID‑19 Delays Weighed Neutrally in Barker Analysis; Trial Judges Have Discretion Over the Duration of Displaying Admitted Exhibits

Date: Jul 19, 2025
State v. Cherry: COVID‑19 Delays Weighed Neutrally in Barker Analysis; Trial Judges Have Discretion Over the Duration of Displaying Admitted Exhibits Court: Supreme Court of Kansas Date: July 18,...
Abeyance, Not Dismissal: Sixth Circuit Clarifies That Tennessee Criminal-Malpractice Claims Must Be Stayed Until Post-Conviction Relief Is Finally Resolved

Abeyance, Not Dismissal: Sixth Circuit Clarifies That Tennessee Criminal-Malpractice Claims Must Be Stayed Until Post-Conviction Relief Is Finally Resolved

Date: Jul 19, 2025
Abeyance, Not Dismissal: Sixth Circuit Clarifies That Tennessee Criminal-Malpractice Claims Must Be Stayed Until Post-Conviction Relief Is Finally Resolved Introduction In Dimitar Petlechkov v....
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