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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

One Day Late, No Jurisdiction: Sixth Circuit Declares Rule 4(a)(5)(A)’s Extension Window Jurisdictional and Affirms Dismissal of Objector Appeals for Failure to Post a Rule 7 Bond

One Day Late, No Jurisdiction: Sixth Circuit Declares Rule 4(a)(5)(A)’s Extension Window Jurisdictional and Affirms Dismissal of Objector Appeals for Failure to Post a Rule 7 Bond

Date: Nov 7, 2025
One Day Late, No Jurisdiction: Sixth Circuit Declares Rule 4(a)(5)(A)’s Extension Window Jurisdictional and Affirms Dismissal of Objector Appeals for Failure to Post a Rule 7 Bond Introduction In a...
“Hobson’s Choice” Is Still Adverse Action: Sixth Circuit Clarifies Scott/Johnson Interplay in First Amendment Retaliation Appeals

“Hobson’s Choice” Is Still Adverse Action: Sixth Circuit Clarifies Scott/Johnson Interplay in First Amendment Retaliation Appeals

Date: Nov 7, 2025
“Hobson’s Choice” Is Still Adverse Action: Sixth Circuit Clarifies Scott/Johnson Interplay in First Amendment Retaliation Appeals Introduction In Linda DeVooght v. City of Warren, Michigan; William...
Sixth Circuit Narrows NLRB Remedies: “Affirmative Action” in NLRA § 10(c) Means Equitable Relief Only; Unfair‑Labor‑Practice Finding Against Starbucks Enforced

Sixth Circuit Narrows NLRB Remedies: “Affirmative Action” in NLRA § 10(c) Means Equitable Relief Only; Unfair‑Labor‑Practice Finding Against Starbucks Enforced

Date: Nov 7, 2025
Sixth Circuit Narrows NLRB Remedies: “Affirmative Action” in NLRA § 10(c) Means Equitable Relief Only; Unfair‑Labor‑Practice Finding Against Starbucks Enforced Introduction In NLRB v. Starbucks...
Clarifying Esteras in the Sixth Circuit: Sentencing Courts May Weigh the Seriousness of the Supervised‑Release Violation—Not the Original Offense—at Revocation

Clarifying Esteras in the Sixth Circuit: Sentencing Courts May Weigh the Seriousness of the Supervised‑Release Violation—Not the Original Offense—at Revocation

Date: Nov 7, 2025
Clarifying Esteras in the Sixth Circuit: Sentencing Courts May Weigh the Seriousness of the Supervised‑Release Violation—Not the Original Offense—at Revocation Case: United States v. Damon Allen...
Waiver by Explicit Disavowal at a Suppression Hearing Bars Appellate Review of a Residence-Search Challenge

Waiver by Explicit Disavowal at a Suppression Hearing Bars Appellate Review of a Residence-Search Challenge

Date: Nov 7, 2025
Waiver by Explicit Disavowal at a Suppression Hearing Bars Appellate Review of a Residence-Search Challenge Introduction In United States v. Kevin Smith, No. 24-1797 (6th Cir. Nov. 5, 2025) (not...
Post-Wilkinson Deference in Cancellation of Removal: Sixth Circuit Reaffirms That Economic/Educational Setbacks and Low-Grade Medical Issues Are “Expected,” Not “Exceptional”

Post-Wilkinson Deference in Cancellation of Removal: Sixth Circuit Reaffirms That Economic/Educational Setbacks and Low-Grade Medical Issues Are “Expected,” Not “Exceptional”

Date: Nov 7, 2025
Post-Wilkinson Deference in Cancellation of Removal: Sixth Circuit Reaffirms That Economic/Educational Setbacks and Low-Grade Medical Issues Are “Expected,” Not “Exceptional” Introduction In Miriam...
Muldrow Does Not Lower the Bar for Hostile Work Environment Claims: The Tenth Circuit’s Clarification in Russell v. Driscoll

Muldrow Does Not Lower the Bar for Hostile Work Environment Claims: The Tenth Circuit’s Clarification in Russell v. Driscoll

Date: Nov 7, 2025
Muldrow Does Not Lower the Bar for Hostile Work Environment Claims: The Tenth Circuit’s Clarification in Russell v. Driscoll Court: U.S. Court of Appeals for the Tenth Circuit Date: November 5, 2025...
Narrow Construction of Revocation Appeal Waivers in Anders Cases: “Sentence” Waivers Do Not Bar Challenges to Revocation Findings

Narrow Construction of Revocation Appeal Waivers in Anders Cases: “Sentence” Waivers Do Not Bar Challenges to Revocation Findings

Date: Nov 7, 2025
Narrow Construction of Revocation Appeal Waivers in Anders Cases: “Sentence” Waivers Do Not Bar Challenges to Revocation Findings Introduction In United States v. Mansker (10th Cir. Nov. 5, 2025), a...
Tenth Circuit Reaffirms Enforceability of Collateral-Attack Waivers Despite Intervening Changes in Law; § 924(c) Statutory Maximum Is Life — United States v. Mitchell

Tenth Circuit Reaffirms Enforceability of Collateral-Attack Waivers Despite Intervening Changes in Law; § 924(c) Statutory Maximum Is Life — United States v. Mitchell

Date: Nov 7, 2025
Tenth Circuit Reaffirms Enforceability of Collateral-Attack Waivers Despite Intervening Changes in Law; § 924(c) Statutory Maximum Is Life — United States v. Mitchell Court: United States Court of...
Liberal Post‑Judgment Amendment and Union Repudiation as an Exhaustion Exception in § 301 LMRA Suits

Liberal Post‑Judgment Amendment and Union Repudiation as an Exhaustion Exception in § 301 LMRA Suits

Date: Nov 7, 2025
Liberal Post‑Judgment Amendment and Union Repudiation as an Exhaustion Exception in § 301 LMRA Suits Introduction In Yellow Corporation v. International Brotherhood of Teamsters, the Tenth Circuit...
Extending the Ongoing‑Emergency Doctrine to Sex‑Trafficking Stings: United States v. Carter (11th Cir. 2025)

Extending the Ongoing‑Emergency Doctrine to Sex‑Trafficking Stings: United States v. Carter (11th Cir. 2025)

Date: Nov 7, 2025
Extending the Ongoing‑Emergency Doctrine to Sex‑Trafficking Stings: United States v. Carter (11th Cir. 2025) Introduction In United States v. Carter, the Eleventh Circuit upheld four sex‑trafficking...
Eleventh Circuit Holds Sex‑Trafficking Sting Statements Nontestimonial Under the Ongoing‑Emergency Doctrine

Eleventh Circuit Holds Sex‑Trafficking Sting Statements Nontestimonial Under the Ongoing‑Emergency Doctrine

Date: Nov 7, 2025
Eleventh Circuit Holds Sex‑Trafficking Sting Statements Nontestimonial Under the Ongoing‑Emergency Doctrine Introduction In United States v. Anthony Bernard Carter (11th Cir. Nov. 5, 2025), the...
Drug-Quantity Estimates in § 3582(c)(2) Motions: Inconsistencies ≠ Incredibility; No Barnes Parity; Amendment 821 Relief Requires a Lowered Range

Drug-Quantity Estimates in § 3582(c)(2) Motions: Inconsistencies ≠ Incredibility; No Barnes Parity; Amendment 821 Relief Requires a Lowered Range

Date: Nov 7, 2025
Drug-Quantity Estimates in § 3582(c)(2) Motions: Inconsistencies ≠ Incredibility; No Barnes Parity; Amendment 821 Relief Requires a Lowered Range Introduction This Seventh Circuit nonprecedential...
Reaffirming Stacked Vulnerable‑Victim Enhancements and the Foreign‑Scheme Increase: Seventh Circuit’s Anders Dismissal in United States v. Ramos‑Soto

Reaffirming Stacked Vulnerable‑Victim Enhancements and the Foreign‑Scheme Increase: Seventh Circuit’s Anders Dismissal in United States v. Ramos‑Soto

Date: Nov 7, 2025
Reaffirming Stacked Vulnerable‑Victim Enhancements and the Foreign‑Scheme Increase: Seventh Circuit’s Anders Dismissal in United States v. Ramos‑Soto Court: United States Court of Appeals for the...
When a State Judgment Ties an Equitable Mortgage to the Underlying Debt, Federal “Fix-the-Amount” Suits Are Precluded: Commentary on Aura Investors LLC v. Romspen Mortgage Ltd. Partnership (3d Cir. Nov. 4, 2025)

When a State Judgment Ties an Equitable Mortgage to the Underlying Debt, Federal “Fix-the-Amount” Suits Are Precluded: Commentary on Aura Investors LLC v. Romspen Mortgage Ltd. Partnership (3d Cir. Nov. 4, 2025)

Date: Nov 7, 2025
When a State Judgment Ties an Equitable Mortgage to the Underlying Debt, Federal “Fix-the-Amount” Suits Are Precluded Commentary on Aura Investors LLC v. Romspen Mortgage Limited Partnership (3d Cir....
Post-Brown ACCA Matching to Predicate-Offense Date and Erlinger’s Jury Requirement Applied on Plain-Error Review; Pennsylvania § 780‑113(a)(30) Not Overbroad

Post-Brown ACCA Matching to Predicate-Offense Date and Erlinger’s Jury Requirement Applied on Plain-Error Review; Pennsylvania § 780‑113(a)(30) Not Overbroad

Date: Nov 7, 2025
Post-Brown ACCA Matching to Predicate-Offense Date and Erlinger’s Jury Requirement Applied on Plain-Error Review; Pennsylvania § 780‑113(a)(30) Not Overbroad Introduction In United States v. Kareem...
No Categorical Mismatch for Pre-2015 Pennsylvania Cocaine PWID Convictions Under ACCA; “Different Occasions” Jury Right Reviewed for Plain Error; § 780-113(a)(30) Does Not Sweep in Licensed “Dispensing”

No Categorical Mismatch for Pre-2015 Pennsylvania Cocaine PWID Convictions Under ACCA; “Different Occasions” Jury Right Reviewed for Plain Error; § 780-113(a)(30) Does Not Sweep in Licensed “Dispensing”

Date: Nov 7, 2025
No Categorical Mismatch for Pre-2015 Pennsylvania Cocaine PWID Convictions Under ACCA; “Different Occasions” Jury Right Reviewed for Plain Error; § 780-113(a)(30) Does Not Sweep in Licensed...
No Waiver-by-Procedural Skirmish; Comparator Facts Required: Fifth Circuit Reaffirms Removal Waiver Standard and Tightens Pleading for Gender-Based Monell Claims in Domestic-Violence Policing

No Waiver-by-Procedural Skirmish; Comparator Facts Required: Fifth Circuit Reaffirms Removal Waiver Standard and Tightens Pleading for Gender-Based Monell Claims in Domestic-Violence Policing

Date: Nov 7, 2025
No Waiver-by-Procedural Skirmish; Comparator Facts Required: Fifth Circuit Reaffirms Removal Waiver Standard and Tightens Pleading for Gender-Based Monell Claims in Domestic-Violence Policing...
Minimal Independent Review and Summary Notice Suffice for §1154(c) Marriage‑Fraud Denials: Fifth Circuit Affirms USCIS under Tawfik and 8 C.F.R. § 103.2(b)(16)

Minimal Independent Review and Summary Notice Suffice for §1154(c) Marriage‑Fraud Denials: Fifth Circuit Affirms USCIS under Tawfik and 8 C.F.R. § 103.2(b)(16)

Date: Nov 7, 2025
Minimal Independent Review and Summary Notice Suffice for §1154(c) Marriage‑Fraud Denials: Fifth Circuit Affirms USCIS under Tawfik and 8 C.F.R. § 103.2(b)(16) Introduction This unpublished, per...
No Clearly Established Brady Duty for Lab Technicians in the Early 1980s; Successive Photo Arrays Not Per Se Unconstitutional: The Fifth Circuit’s Qualified Immunity Roadmap in Williams v. City of Baton Rouge

No Clearly Established Brady Duty for Lab Technicians in the Early 1980s; Successive Photo Arrays Not Per Se Unconstitutional: The Fifth Circuit’s Qualified Immunity Roadmap in Williams v. City of Baton Rouge

Date: Nov 7, 2025
No Clearly Established Brady Duty for Lab Technicians in the Early 1980s; Successive Photo Arrays Not Per Se Unconstitutional: The Fifth Circuit’s Qualified Immunity Roadmap in Williams v. City of...
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