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  • Commentaries
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new-precedent-on... Case Commentaries

Litigation-Driven Medical Testimony and Rule 803(4): Commentary on United States v. Keegan

Litigation-Driven Medical Testimony and Rule 803(4): Commentary on United States v. Keegan

Date: Dec 18, 2025
Litigation-Driven Medical Testimony Is Not “For Medical Diagnosis or Treatment” Under Rule 803(4): A Commentary on United States v. Sharon Keegan I. Introduction In United States v. Sharon Elizabeth...
United States v. Joyner: Plain-Error Limits on Vagueness Challenges to Gang Non‑Association Conditions of Supervised Release

United States v. Joyner: Plain-Error Limits on Vagueness Challenges to Gang Non‑Association Conditions of Supervised Release

Date: Dec 18, 2025
United States v. Joyner: Plain-Error Limits on Vagueness Challenges to Gang Non‑Association Conditions of Supervised Release I. Introduction The Second Circuit’s summary order in United States v....
Deference to ALJ Credibility Findings and Rebuttal of the LHWCA § 20(a) Presumption in Psychological-Injury Claims: Commentary on Gabriel v. U.S. Department of Labor

Deference to ALJ Credibility Findings and Rebuttal of the LHWCA § 20(a) Presumption in Psychological-Injury Claims: Commentary on Gabriel v. U.S. Department of Labor

Date: Dec 18, 2025
Deference to ALJ Credibility Findings and Rebuttal of the LHWCA § 20(a) Presumption in Psychological‑Injury Claims: Commentary on Gabriel v. U.S. Department of Labor Table of Contents I. Introduction...
Hall v. Masters: Eleventh Circuit Reemphasizes Summary Judgment Limits and the “Actual Injury” Requirement in Civil Detainee § 1983 Litigation

Hall v. Masters: Eleventh Circuit Reemphasizes Summary Judgment Limits and the “Actual Injury” Requirement in Civil Detainee § 1983 Litigation

Date: Dec 18, 2025
Hall v. Masters: Eleventh Circuit Reemphasizes Summary Judgment Limits and the “Actual Injury” Requirement in Civil Detainee § 1983 Litigation 1. Introduction This commentary analyzes the Eleventh...
Appellate Forfeiture of Suppression Grounds and Deferential Sentencing Review in Child‑Pornography Cases: Commentary on United States v. Clark

Appellate Forfeiture of Suppression Grounds and Deferential Sentencing Review in Child‑Pornography Cases: Commentary on United States v. Clark

Date: Dec 18, 2025
Appellate Forfeiture of Suppression Grounds and Deferential Sentencing Review in Child‑Pornography Cases: Commentary on United States v. Alan Joseph Clark, Jr. I. Introduction This commentary...
United States v. Hubbard: Admitting Domestic‑Violence Body‑Cam Hearsay in Supervised Release Revocation Hearings

United States v. Hubbard: Admitting Domestic‑Violence Body‑Cam Hearsay in Supervised Release Revocation Hearings

Date: Dec 18, 2025
United States v. Hubbard: Admitting Domestic‑Violence Body‑Cam Hearsay in Supervised Release Revocation Hearings I. Introduction The Eleventh Circuit’s unpublished decision in United States v....
Plain-Error Review of Inadequate Sentencing Explanations After Steiger: Commentary on United States v. Herrera Gongora

Plain-Error Review of Inadequate Sentencing Explanations After Steiger: Commentary on United States v. Herrera Gongora

Date: Dec 18, 2025
Plain-Error Review of Inadequate Sentencing Explanations After Steiger: Commentary on United States v. Herrera Gongora I. Introduction This commentary analyzes the Eleventh Circuit’s unpublished per...
Directly Regulated Landowners and SEQRA Standing: Commentary on Matter of Seneca Meadows, Inc. v. Town of Seneca Falls

Directly Regulated Landowners and SEQRA Standing: Commentary on Matter of Seneca Meadows, Inc. v. Town of Seneca Falls

Date: Dec 18, 2025
Directly Regulated Landowners and SEQRA Standing: Commentary on Matter of Seneca Meadows, Inc. v. Town of Seneca Falls Citation: 2025 NY Slip Op 06961 (Ct App Dec. 16, 2025) Court: New York Court of...
Ford, “Relate To,” and Unauthorized Distribution Channels: The Fifth Circuit’s Personal-Jurisdiction Retrenchment in Ethridge v. Samsung SDI

Ford, “Relate To,” and Unauthorized Distribution Channels: The Fifth Circuit’s Personal-Jurisdiction Retrenchment in Ethridge v. Samsung SDI

Date: Dec 18, 2025
Ford, “Relate To,” and Unauthorized Distribution Channels: The Fifth Circuit’s Personal-Jurisdiction Retrenchment in Ethridge v. Samsung SDI I. Introduction In Ethridge v. Samsung SDI Co., Ltd., No....
Subjective Symptom Testimony and Treating‑Source Deference in Fibromyalgia Claims: Commentary on Hultz v. Bisignano

Subjective Symptom Testimony and Treating‑Source Deference in Fibromyalgia Claims: Commentary on Hultz v. Bisignano

Date: Dec 18, 2025
Subjective Symptom Testimony and Treating‑Source Deference in Fibromyalgia Claims: Commentary on Hultz v. Bisignano I. Introduction The Fourth Circuit’s decision in Crystal Hultz v. Bisignano is a...
United States v. Holt: Spoliation, Daubert Harmless Error, Self‑Defense Closings, and Upward Departures in the Tenth Circuit

United States v. Holt: Spoliation, Daubert Harmless Error, Self‑Defense Closings, and Upward Departures in the Tenth Circuit

Date: Dec 18, 2025
United States v. Holt: Spoliation, Daubert Harmless Error, Self‑Defense Closings, and Upward Departures in the Tenth Circuit I. Introduction In United States v. Holt, No. 24‑7044 (10th Cir. Dec. 16,...
United States v. Duque‑Ramirez: Allegiance as a Historical Justification for Disarming Unlawfully Present Noncitizens

United States v. Duque‑Ramirez: Allegiance as a Historical Justification for Disarming Unlawfully Present Noncitizens

Date: Dec 18, 2025
United States v. Duque‑Ramirez: Allegiance as a Historical Justification for Disarming Unlawfully Present Noncitizens I. Introduction In United States v. Duque‑Ramirez, No. 24‑6257 (10th Cir. Dec....
Insecure Temporary Tags and Drug-Related Indicators as Grounds for Reasonable Suspicion: A Commentary on United States v. Munoz (10th Cir. 2025)

Insecure Temporary Tags and Drug-Related Indicators as Grounds for Reasonable Suspicion: A Commentary on United States v. Munoz (10th Cir. 2025)

Date: Dec 18, 2025
Insecure Temporary Tags and Drug-Related Indicators as Grounds for Reasonable Suspicion: Commentary on United States v. Munoz (10th Cir. 2025) I. Introduction In United States v. Munoz, No. 24‑1418...
A Duty to Cure Jury Confusion on Elements: United States v. Kirby and Supplemental Instructions in Federal Criminal Trials

A Duty to Cure Jury Confusion on Elements: United States v. Kirby and Supplemental Instructions in Federal Criminal Trials

Date: Dec 18, 2025
A Duty to Cure Jury Confusion on Elements: United States v. Kirby (10th Cir. 2025) Introduction In United States v. Kirby, No. 24-7070 (10th Cir. Dec. 16, 2025), the Tenth Circuit vacated a federal...
Civil Contempt, Corporate Dissolution, and Pro Se Appellate Limits in Lucas v. Dadson Manufacturing Corporation

Civil Contempt, Corporate Dissolution, and Pro Se Appellate Limits in Lucas v. Dadson Manufacturing Corporation

Date: Dec 18, 2025
Civil Contempt for Violating No-Suit Orders, Corporate Dissolution, and Limits on Pro Se Appeals: A Commentary on Lucas v. Dadson Manufacturing Corporation, No. 25‑3074 (10th Cir. Dec. 16, 2025) I....
Reaffirming the “Open Position” Prima Facie Test and the Binding Effect of Pretrial Stipulations: Commentary on Plump v. GEICO

Reaffirming the “Open Position” Prima Facie Test and the Binding Effect of Pretrial Stipulations: Commentary on Plump v. GEICO

Date: Dec 18, 2025
Reaffirming the “Open Position” Prima Facie Test and the Binding Effect of Pretrial Stipulations: Commentary on Plump v. Government Employees Insurance Co. I. Introduction In Plump v. Government...
United States v. Abercrombie: Constructive Possession of Firearms in Vehicles Through Integrated Circumstantial Evidence

United States v. Abercrombie: Constructive Possession of Firearms in Vehicles Through Integrated Circumstantial Evidence

Date: Dec 18, 2025
United States v. Abercrombie: Constructive Possession of Vehicle Firearms Proven by a Circumstantial “Mosaic” I. Introduction In United States v. Abercrombie, Nos. 24‑1474 & 24‑1867 (1st Cir. Dec....
United States v. Abercrombie: Circumstantial Evidence and Constructive Possession of Firearms in Vehicle Stops

United States v. Abercrombie: Circumstantial Evidence and Constructive Possession of Firearms in Vehicle Stops

Date: Dec 18, 2025
United States v. Abercrombie: Circumstantial Evidence and Constructive Possession of Firearms in Vehicle Stops I. Introduction United States v. Abercrombie, Nos. 24‑1474 & 24‑1867 (1st Cir. Dec. 16,...
Priced-Out Buyers and Output-Reduction Injury: The Second Circuit Expands Antitrust Standing in DirecTV, LLC v. Nexstar Media Group, Inc.

Priced-Out Buyers and Output-Reduction Injury: The Second Circuit Expands Antitrust Standing in DirecTV, LLC v. Nexstar Media Group, Inc.

Date: Dec 18, 2025
Priced-Out Buyers and Output-Reduction Injury: The Second Circuit Expands Antitrust Standing in DirecTV, LLC v. Nexstar Media Group, Inc. 1. Introduction In DirecTV, LLC v. Nexstar Media Group, Inc.,...
Reinstatements Cannot Cure an Invalid Removal Order: A Comprehensive Commentary on United States v. Ramirez Rodriguez

Reinstatements Cannot Cure an Invalid Removal Order: A Comprehensive Commentary on United States v. Ramirez Rodriguez

Date: Dec 18, 2025
Reinstatements Cannot Cure an Invalid Removal Order: Commentary on United States v. Ramirez Rodriguez (2d Cir. 2025) I. Introduction The Second Circuit’s decision in United States v. Ramirez...
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