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No Rule 11 Duty to Warn That Criminal Forfeiture Can Exceed the Statutory Maximum Fine; Broad Appeal Waivers Encompass Forfeiture Challenges Introduction In United States v. Shawn Johnson, Nos....
Forfeiture Is Not a “Fine” for Rule 11 Purposes: Fourth Circuit Upholds Plea Advisements, Enforces Appeal Waiver Over Forfeiture, and Reaffirms Bar on As‑Applied § 922(g)(1) Challenges Introduction...
Forfeiture Is Not a “Fine” for Rule 11 Purposes: The Fourth Circuit Clarifies Plea Colloquy Advisements and Appeal-Waiver Limits in United States v. Johnson Court: United States Court of Appeals for...
Alternative-Variance “Safety Valve”: The Fourth Circuit Reaffirms That an Explicit, Well‑Reasoned Alternative Sentence Can Neutralize a Guidelines Miscalculation on Plain‑Error Review Introduction...
Michigan Supreme Court Signals Reexamination of Appellate Review for Best-Interests Determinations in Termination of Parental Rights Introduction In In re Blevins/Dials/Holland, Minors, the Michigan...
Zeller and the Post‑MRTMA Landscape: Limits on Canine Alerts and the Demise of Jones Under Jardines Introduction In People of Michigan v. Michael David Zeller, the Michigan Supreme Court denied leave...
When Does a Non‑GTLA Statute Override Governmental Immunity? Chief Justice Cavanagh’s Proposed Four‑Factor Framework for CPL Mandatory‑Reporter Claims Introduction In Robert Brian Thomas Ruee Adams...
Presentence Jail Credit for Unrelated Conduct and While Serving Another Sentence: Oregon Supreme Court Clarifies ORS 137.370(4) Case: State ex rel Torres-Lopez v. Fahrion, Supreme Court of Oregon, en...
Abandonment, Exhaustion, and Financial Motive: Second Circuit Reaffirms Nexus Requirements in Gang-Related Asylum Claims Introduction In Chucuri-Carguachi v. Bondi (2d Cir. Nov. 14, 2025), a...
Victim’s Signed Complaint Can Supply Probable Cause for Any Offense; Pretrial Food-Deprivation Claims Fail Absent Harm or Deliberate Indifference Introduction In Peterkin v. Carr, No. 24-1148-cv (2d...
Using Real Identities to Overcome Due Diligence Is “At the Crux” Under § 1028A: The Second Circuit’s Application of Dubin in United States v. Colello Court: U.S. Court of Appeals for the Second...
Deferential Review of “Exceptional and Extremely Unusual Hardship” and No Consolidation of Pending Motions to Reopen: Cruz‑Lopez v. Bondi (6th Cir. 2025) Introduction In Jovita Cruz‑Lopez v. Pamela...
Reaffirming the “Zone of Choice” in Social Security Cases: ALJ’s Global Record Statement Suffices for Combined-Impacts Review and Omission of Nonfunctional Lab Results Is Not Error Introduction This...
Appellate Review Is Limited to Preserved Theories of Harm in Title VII Cases Introduction In Blaine v. Mystere Living & Healthcare, Inc., No. 24-3121 (10th Cir. Nov. 14, 2025), a Tenth Circuit panel...
Tenth Circuit Narrows § 1446(b)(3): “Other Paper” Must Originate in the Removed Case; Prior Jurisdictional Dismissals Preclude Re‑Litigation of Administrative Exhaustion Introduction This published...
Abstention Can Stay FAA § 4 Petitions When Unsettled State-Law Public-Policy Issues Predominate: The Tenth Circuit’s Guidance in Nu Skin Enterprises v. Raab Introduction Nu Skin Enterprises, Inc.,...
No Standing to Attack Permit and Discretionary Sign Rules When Denial Rests on an Unchallenged Billboard Ban Commentary on New South Media Group, LLC v. City of Rainbow City, Alabama, No. 24-10895...
Automobiles as Per Se Instrumentalities of Interstate Commerce and “Provided or Administered” Roads Under § 245: The Eleventh Circuit’s Decision in United States v. William Bryan Court: United States...
No Pro Rata Requirement for “Common Enterprise” and Clarified Ponzi-Scheme Loss/Restitution Methodologies: United States v. Maldonado‑Vargas (1st Cir. 2025) Introduction United States v....
No CIPA “Interception” When the Browser Sends a Separate, Direct Transmission to a Tracker; CMIA Liability Requires Substantive Medical Content Commentary on Angela Cole v. Quest Diagnostics Inc.,...