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

No Per Se Prejudice from Lost Appeal; Electronic Service Starts Reopening Clock — Azamov v. Bondi (2d Cir. 2025)

Date: Nov 8, 2025

No Per Se Prejudice from Lost Appeal; Electronic Service Starts Reopening Clock — Azamov v. Bondi (2d Cir. 2025) Court: United States Court of Appeals for the Second Circuit (Summary Order —...

Speculation Is Not Prejudice: The Second Circuit’s Doubly Deferential Strickland–AEDPA Framework Illustrated in Cortez v. Kopp

Date: Nov 8, 2025

Speculation Is Not Prejudice: The Second Circuit’s Doubly Deferential Strickland–AEDPA Framework Illustrated in Cortez v. Kopp Note: This decision is a Summary Order of the U.S. Court of Appeals for...

Precision Required in Big Apple Map Prior Written Notice and Bar on Post‑Discovery Expansion of § 50‑e Claim Locations

Date: Nov 8, 2025

Precision Required in Big Apple Map Prior Written Notice and Bar on Post‑Discovery Expansion of § 50‑e Claim Locations Case: Lieder v. City of New York, No. 24-3071-cv (2d Cir. Nov. 6, 2025) (summary...

Preservation Is Paramount: Second Circuit Affirms Verdict in Tatas v. Ali Baba’s Terrace Inc. on Waiver, Plain Error, and Rule 403 Discretion

Date: Nov 8, 2025

Preservation Is Paramount: Second Circuit Affirms Verdict in Tatas v. Ali Baba’s Terrace Inc. on Waiver, Plain Error, and Rule 403 Discretion Introduction In a non-precedential summary order, the...

“Good Cause” Means New, Uncontrollable Grounds Plus Diligence: Second Circuit Clarifies § 1455(b)(1) and Reopens the Door to Post‑Trial Federal Officer Removal in New York v. Trump

Date: Nov 8, 2025

“Good Cause” Means New, Uncontrollable Grounds Plus Diligence: Second Circuit Clarifies § 1455(b)(1) and Reopens the Door to Post‑Trial Federal Officer Removal in New York v. Trump Introduction This...

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

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

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

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

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

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

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

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

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

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)

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

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

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)

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

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...

Previous Next