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  • Commentaries
  • Judgments

protected-advice-at-life’s-end:-seventh-circuit-holds-indiana’s-funeral-licensing-ban-on-death-doula-counseling-fails-even-under-intermediate-scrutiny—and-consent-orders-don’t-waive-federal-rights Case Commentaries

Attaching QWRs Saves a RESPA Claim from Summary Judgment; Borrower Default Bars Contract Claims and Supports Foreclosure — Eleventh Circuit’s Partial Remand in Embry v. Carrington

Attaching QWRs Saves a RESPA Claim from Summary Judgment; Borrower Default Bars Contract Claims and Supports Foreclosure — Eleventh Circuit’s Partial Remand in Embry v. Carrington

Date: Nov 8, 2025
Attaching QWRs Saves a RESPA Claim from Summary Judgment; Borrower Default Bars Contract Claims and Supports Foreclosure — Eleventh Circuit’s Partial Remand in Embry v. Carrington Note: This is an...
Residence Alone Is Not Enough: Eleventh Circuit Reaffirms Plaintiff’s Burden to Allege and Prove Florida Contacts for Personal Jurisdiction Over Nonresident Defendants

Residence Alone Is Not Enough: Eleventh Circuit Reaffirms Plaintiff’s Burden to Allege and Prove Florida Contacts for Personal Jurisdiction Over Nonresident Defendants

Date: Nov 8, 2025
Residence Alone Is Not Enough: Eleventh Circuit Reaffirms Plaintiff’s Burden to Allege and Prove Florida Contacts for Personal Jurisdiction Over Nonresident Defendants Court: U.S. Court of Appeals...
Ordinary Criminality Is Not Nexus: Eleventh Circuit Reaffirms Pecuniary-Motive Rule and Rejects Imputed Anti‑Gang Political Opinion in Osorio‑Villalobos

Ordinary Criminality Is Not Nexus: Eleventh Circuit Reaffirms Pecuniary-Motive Rule and Rejects Imputed Anti‑Gang Political Opinion in Osorio‑Villalobos

Date: Nov 8, 2025
Ordinary Criminality Is Not Nexus: Eleventh Circuit Reaffirms Pecuniary-Motive Rule and Rejects Imputed Anti‑Gang Political Opinion in Osorio‑Villalobos Introduction In this unpublished, per curiam...
Reaffirming Deference to Adverse Credibility Findings and the Chenery/Bagamasbad Limits on Appellate Review When the BIA Denies on Credibility Alone

Reaffirming Deference to Adverse Credibility Findings and the Chenery/Bagamasbad Limits on Appellate Review When the BIA Denies on Credibility Alone

Date: Nov 8, 2025
Reaffirming Deference to Adverse Credibility Findings and the Chenery/Bagamasbad Limits on Appellate Review When the BIA Denies on Credibility Alone Introduction In Sakib Ahmod v. U.S. Attorney...
Eleventh Circuit: Receiving a Non‑EEOC Subpoena Is Not Protected “Participation” Under Title VII; Two Isolated Advances Insufficiently Severe or Pervasive; Stray Age Remarks Don’t Prove Pretext

Eleventh Circuit: Receiving a Non‑EEOC Subpoena Is Not Protected “Participation” Under Title VII; Two Isolated Advances Insufficiently Severe or Pervasive; Stray Age Remarks Don’t Prove Pretext

Date: Nov 8, 2025
Eleventh Circuit: Receiving a Non‑EEOC Subpoena Is Not Protected “Participation” Under Title VII; Two Isolated Advances Insufficiently Severe or Pervasive; Stray Age Remarks Don’t Prove Pretext Case:...
Deterrence Without Empirical Proof: Eleventh Circuit Reaffirms District Courts’ Discretion to Rely on Experience When Weighing § 3553(a) Factors

Deterrence Without Empirical Proof: Eleventh Circuit Reaffirms District Courts’ Discretion to Rely on Experience When Weighing § 3553(a) Factors

Date: Nov 8, 2025
Deterrence Without Empirical Proof: Eleventh Circuit Reaffirms District Courts’ Discretion to Rely on Experience When Weighing § 3553(a) Factors Case: United States v. Frank D. Cavanaugh, No....
Good Cause to Defer 404(b) Rulings: Eleventh Circuit Affirms Post‑Opening Admission of Prior Fraud Conviction to Prove Intent

Good Cause to Defer 404(b) Rulings: Eleventh Circuit Affirms Post‑Opening Admission of Prior Fraud Conviction to Prove Intent

Date: Nov 8, 2025
Good Cause to Defer 404(b) Rulings: Eleventh Circuit Affirms Post‑Opening Admission of Prior Fraud Conviction to Prove Intent Introduction In United States v. Jarnel Sael (11th Cir. No. 25‑10750,...
United States v. Diggs: Distinct Overbreadth Theories Must Be Specifically Preserved; No Plain Error in Treating Florida “Stereoisomer” Cocaine Convictions as ACCA Predicates

United States v. Diggs: Distinct Overbreadth Theories Must Be Specifically Preserved; No Plain Error in Treating Florida “Stereoisomer” Cocaine Convictions as ACCA Predicates

Date: Nov 8, 2025
United States v. Diggs: Distinct Overbreadth Theories Must Be Specifically Preserved; No Plain Error in Treating Florida “Stereoisomer” Cocaine Convictions as ACCA Predicates Introduction In this...
Preservation Matters in ACCA: ioflupane overbreadth does not preserve isomer arguments; no plain error in treating Florida “stereoisomer” cocaine convictions as ACCA predicates

Preservation Matters in ACCA: ioflupane overbreadth does not preserve isomer arguments; no plain error in treating Florida “stereoisomer” cocaine convictions as ACCA predicates

Date: Nov 8, 2025
Preservation Matters in ACCA: ioflupane overbreadth does not preserve isomer arguments; no plain error in treating Florida “stereoisomer” cocaine convictions as ACCA predicates Commentary on United...
Major Upward Variances at De Novo Resentencing Post‑Taylor: Eleventh Circuit Upholds 240-Month Term Based on Aged-Out Criminal History and Public Protection

Major Upward Variances at De Novo Resentencing Post‑Taylor: Eleventh Circuit Upholds 240-Month Term Based on Aged-Out Criminal History and Public Protection

Date: Nov 8, 2025
Major Upward Variances at De Novo Resentencing Post‑Taylor: Eleventh Circuit Upholds 240-Month Term Based on Aged-Out Criminal History and Public Protection Introduction In United States v. John...
Returned Funds Do Not Moot a Standalone Claim to Seizure‑Warrant Affidavits; Lack of a Cause of Action Is Merits, Not Jurisdiction — California Palms v. United States (6th Cir. 2025)

Returned Funds Do Not Moot a Standalone Claim to Seizure‑Warrant Affidavits; Lack of a Cause of Action Is Merits, Not Jurisdiction — California Palms v. United States (6th Cir. 2025)

Date: Nov 8, 2025
Returned Funds Do Not Moot a Standalone Claim to Seizure‑Warrant Affidavits; Lack of a Cause of Action Is Merits, Not Jurisdiction — California Palms v. United States (6th Cir. 2025) Introduction...
Pronouns, Politics, and Tinker: Sixth Circuit Bars Punishment of “Biological Pronouns” Absent Evidence of Disruption or Rights Violations

Pronouns, Politics, and Tinker: Sixth Circuit Bars Punishment of “Biological Pronouns” Absent Evidence of Disruption or Rights Violations

Date: Nov 8, 2025
Pronouns, Politics, and Tinker: Sixth Circuit Bars Punishment of “Biological Pronouns” Absent Evidence of Disruption or Rights Violations Introduction In a high-profile en banc decision, the U.S....
Age-Related Recidivism Must Be Raised at Sentencing; Within-Guidelines Life Sentences for Sex Crimes Survive Eighth Amendment Challenge

Age-Related Recidivism Must Be Raised at Sentencing; Within-Guidelines Life Sentences for Sex Crimes Survive Eighth Amendment Challenge

Date: Nov 8, 2025
Age-Related Recidivism Must Be Raised at Sentencing; Within-Guidelines Life Sentences for Sex Crimes Survive Eighth Amendment Challenge Case: United States v. Arisknight Arkin-Everett Winfree (No....
Mootness by Statutory Amendment and Rooker–Feldman Limits in Post‑Conviction DNA‑Testing Litigation: Commentary on DeLoge v. Hill (10th Cir. 2025)

Mootness by Statutory Amendment and Rooker–Feldman Limits in Post‑Conviction DNA‑Testing Litigation: Commentary on DeLoge v. Hill (10th Cir. 2025)

Date: Nov 8, 2025
Mootness by Statutory Amendment and Rooker–Feldman Limits in Post‑Conviction DNA‑Testing Litigation: DeLoge v. Hill (10th Cir. 2025) Court: United States Court of Appeals for the Tenth Circuit Date:...
When State Drug Law Changes Mid-Prosecution, ACCA Looks to the Offense-Date Law Preserved by State Saving Provisions: Eleventh Circuit Vacates Enhancement in United States v. Miller

When State Drug Law Changes Mid-Prosecution, ACCA Looks to the Offense-Date Law Preserved by State Saving Provisions: Eleventh Circuit Vacates Enhancement in United States v. Miller

Date: Nov 8, 2025
When State Drug Law Changes Mid-Prosecution, ACCA Looks to the Offense-Date Law Preserved by State Saving Provisions: Eleventh Circuit Vacates Enhancement in United States v. Miller Introduction This...
Prejudgment Interest May Be Awarded on Noneconomic Damages in § 1983 Cases, But Must Be Limited to Past Losses: Seventh Circuit’s Clarification in Bolden v. Pesavento

Prejudgment Interest May Be Awarded on Noneconomic Damages in § 1983 Cases, But Must Be Limited to Past Losses: Seventh Circuit’s Clarification in Bolden v. Pesavento

Date: Nov 8, 2025
Prejudgment Interest May Be Awarded on Noneconomic Damages in § 1983 Cases, But Must Be Limited to Past Losses: Seventh Circuit’s Clarification in Bolden v. Pesavento Court: United States Court of...
Attestation, Not Discrimination: Sex-at-Birth Markers on Passports and Irreparable-Harm Presumptions in Trump v. Orr

Attestation, Not Discrimination: Sex-at-Birth Markers on Passports and Irreparable-Harm Presumptions in Trump v. Orr

Date: Nov 8, 2025
Attestation, Not Discrimination: Sex-at-Birth Markers on Passports and Irreparable-Harm Presumptions in Trump v. Orr Introduction In Trump v. Orr, No. 25A319 (U.S. Nov. 6, 2025), the Supreme Court...
No Requirement for Self‑Defense Unanimity Instructions or Special Verdict Interrogatories Under Wyoming Law

No Requirement for Self‑Defense Unanimity Instructions or Special Verdict Interrogatories Under Wyoming Law

Date: Nov 8, 2025
No Requirement for Self‑Defense Unanimity Instructions or Special Verdict Interrogatories Under Wyoming Law Introduction In James Franklin Mavigliano v. State of Wyoming, 2025 WY 122 (Wyo. Nov. 6,...
Reasonable Suspicion for 100-Foot Turn-Signal Violations: Trained Officer Distance Estimates and Ambiguous Dashcam Footage Suffice

Reasonable Suspicion for 100-Foot Turn-Signal Violations: Trained Officer Distance Estimates and Ambiguous Dashcam Footage Suffice

Date: Nov 8, 2025
Reasonable Suspicion for 100-Foot Turn-Signal Violations: Trained Officer Distance Estimates and Ambiguous Dashcam Footage Suffice Case: Mark David Davis v. The State of Wyoming (2025 WY 120) Court:...
No Prophylactic Brady Duty: Wyoming Supreme Court Declines to Require Preemptive “Brady Cop” Disclosures and Sends Ambiguous Non‑Disparagement Clause to the Fact‑Finder

No Prophylactic Brady Duty: Wyoming Supreme Court Declines to Require Preemptive “Brady Cop” Disclosures and Sends Ambiguous Non‑Disparagement Clause to the Fact‑Finder

Date: Nov 8, 2025
No Prophylactic Brady Duty: Wyoming Supreme Court Declines to Require Preemptive “Brady Cop” Disclosures and Sends Ambiguous Non‑Disparagement Clause to the Fact‑Finder Introduction This commentary...
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