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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

In re Lawson: Tenth Circuit Reaffirms That § 1915(e)(2)(B) Pre‑Service Screening and Short Delays Do Not Justify Mandamus to Compel Service, Reassignment, or Vacatur

In re Lawson: Tenth Circuit Reaffirms That § 1915(e)(2)(B) Pre‑Service Screening and Short Delays Do Not Justify Mandamus to Compel Service, Reassignment, or Vacatur

Date: Nov 7, 2025
In re Lawson: Tenth Circuit Reaffirms That § 1915(e)(2)(B) Pre‑Service Screening and Short Delays Do Not Justify Mandamus to Compel Service, Reassignment, or Vacatur Introduction In In re Lawson, No....
Reaffirming Christiansburg for Title II: Second Circuit Vacates Defense Fee Award Against Pro Se Plaintiff and Affirms Dismissal of § 1981/NYCHRL Claims

Reaffirming Christiansburg for Title II: Second Circuit Vacates Defense Fee Award Against Pro Se Plaintiff and Affirms Dismissal of § 1981/NYCHRL Claims

Date: Nov 7, 2025
Reaffirming Christiansburg for Title II: Second Circuit Vacates Defense Fee Award Against Pro Se Plaintiff and Affirms Dismissal of § 1981/NYCHRL Claims Case: Alexander v. Private Protective...
Limits Reaffirmed on Domestic-Violence-Based Particular Social Groups and the Need for Particularized, Ongoing Risk for Asylum and CAT: Commentary on Amaya Mejia v. Bondi (2d Cir. Nov. 4, 2025)

Limits Reaffirmed on Domestic-Violence-Based Particular Social Groups and the Need for Particularized, Ongoing Risk for Asylum and CAT: Commentary on Amaya Mejia v. Bondi (2d Cir. Nov. 4, 2025)

Date: Nov 7, 2025
Limits Reaffirmed on Domestic-Violence-Based Particular Social Groups and the Need for Particularized, Ongoing Risk for Asylum and CAT Case: Amaya Mejia v. Bondi, No. 23-6369 (2d Cir. Nov. 4, 2025)...
Qualified Immunity Shields Early‑Pandemic Nursing‑Home Admission Directives; Lobbying Alone Does Not Make Private Hospital Actors “State Actors” — Commentary on Arbeeny v. Cuomo (2d Cir. 2025)

Qualified Immunity Shields Early‑Pandemic Nursing‑Home Admission Directives; Lobbying Alone Does Not Make Private Hospital Actors “State Actors” — Commentary on Arbeeny v. Cuomo (2d Cir. 2025)

Date: Nov 7, 2025
Qualified Immunity Shields Early‑Pandemic Nursing‑Home Admission Directives; Lobbying Alone Does Not Make Private Hospital Actors “State Actors” — Commentary on Arbeeny v. Cuomo (2d Cir. 2025) Note...
Arias-Arevalo v. Bondi (2d Cir. 2025): Waiver of NTA Time/Place Defects and the Demanding Nexus Requirement in Gang-Related Asylum Claims

Arias-Arevalo v. Bondi (2d Cir. 2025): Waiver of NTA Time/Place Defects and the Demanding Nexus Requirement in Gang-Related Asylum Claims

Date: Nov 7, 2025
Arias-Arevalo v. Bondi (2d Cir. 2025): Waiver of NTA Time/Place Defects and the Demanding Nexus Requirement in Gang-Related Asylum Claims Court: U.S. Court of Appeals for the Second Circuit (Summary...
Samarov v. Bondi: Abandonment for Inadequate Briefing and Harmless Correction of an IJ’s Overly Stringent Nexus Standard

Samarov v. Bondi: Abandonment for Inadequate Briefing and Harmless Correction of an IJ’s Overly Stringent Nexus Standard

Date: Nov 7, 2025
Samarov v. Bondi: Abandonment for Inadequate Briefing and Harmless Correction of an IJ’s Overly Stringent Nexus Standard Introduction In a non-precedential summary order, the United States Court of...
Specific, Memorable-Detail Inconsistencies and Sparse Corroboration Sustain Adverse Credibility Findings; Nervousness at Credible-Fear Interviews Does Not Undermine Reliability — Singh v. Bondi (2d Cir. 2025)

Specific, Memorable-Detail Inconsistencies and Sparse Corroboration Sustain Adverse Credibility Findings; Nervousness at Credible-Fear Interviews Does Not Undermine Reliability — Singh v. Bondi (2d Cir. 2025)

Date: Nov 7, 2025
Specific, Memorable-Detail Inconsistencies and Sparse Corroboration Sustain Adverse Credibility Findings; Nervousness at Credible-Fear Interviews Does Not Undermine Reliability — Singh v. Bondi (2d...
No Interlocutory Appeal Without Accepted Plaintiff-Favorable Facts: Second Circuit Reaffirms Limits on Collateral-Order Review of Qualified Immunity in Vann v. City of Rochester

No Interlocutory Appeal Without Accepted Plaintiff-Favorable Facts: Second Circuit Reaffirms Limits on Collateral-Order Review of Qualified Immunity in Vann v. City of Rochester

Date: Nov 7, 2025
No Interlocutory Appeal Without Accepted Plaintiff-Favorable Facts: Second Circuit Reaffirms Limits on Collateral-Order Review of Qualified Immunity in Vann v. City of Rochester Court: U.S. Court of...
Informal Counseling Counts: Eleventh Circuit Clarifies Comparator Analysis, Pretext, and FMLA “Would-Have-Fired” Defense

Informal Counseling Counts: Eleventh Circuit Clarifies Comparator Analysis, Pretext, and FMLA “Would-Have-Fired” Defense

Date: Nov 7, 2025
Informal Counseling Counts: Eleventh Circuit Clarifies Comparator Analysis, Pretext, and FMLA “Would-Have-Fired” Defense Case: Samuel Wilkie v. Outokumpu Stainless USA, LLC Court: United States Court...
No Limitations Period for Denaturalization; Non‑Shepard Evidence May Establish Statutory‑Period Timing

No Limitations Period for Denaturalization; Non‑Shepard Evidence May Establish Statutory‑Period Timing

Date: Nov 7, 2025
No Limitations Period for Denaturalization; Non‑Shepard Evidence May Establish Statutory‑Period Timing Introduction In United States v. Lazaro Prat, the Eleventh Circuit affirmed a district court...
Eleventh Circuit Reaffirms: No § 3582(c)(2) Reduction Below the Amended Guideline Range Absent Substantial Assistance; Non‑Binding Rule 11(c)(1)(B) Recommendations Do Not Control Retroactive Guideline Calculations

Eleventh Circuit Reaffirms: No § 3582(c)(2) Reduction Below the Amended Guideline Range Absent Substantial Assistance; Non‑Binding Rule 11(c)(1)(B) Recommendations Do Not Control Retroactive Guideline Calculations

Date: Nov 7, 2025
Eleventh Circuit Reaffirms: No § 3582(c)(2) Reduction Below the Amended Guideline Range Absent Substantial Assistance; Non‑Binding Rule 11(c)(1)(B) Recommendations Do Not Control Retroactive...
Obvious Venue Omissions as Ineffective Appellate Assistance and Narrowing of the Concurrent Sentence Doctrine for Non‑Life § 2255 Petitioners: Purcell v. United States (2d Cir. 2025)

Obvious Venue Omissions as Ineffective Appellate Assistance and Narrowing of the Concurrent Sentence Doctrine for Non‑Life § 2255 Petitioners: Purcell v. United States (2d Cir. 2025)

Date: Nov 7, 2025
Obvious Venue Omissions as Ineffective Appellate Assistance and Narrowing of the Concurrent Sentence Doctrine for Non‑Life § 2255 Petitioners Commentary on Purcell v. United States, No. 23-6985-pr...
Keck v. Bonn: Sixth Circuit Reaffirms AEDPA–Strickland “Double Deference,” Making Expert-Selection Strategy Virtually Unassailable on Federal Habeas

Keck v. Bonn: Sixth Circuit Reaffirms AEDPA–Strickland “Double Deference,” Making Expert-Selection Strategy Virtually Unassailable on Federal Habeas

Date: Nov 7, 2025
Keck v. Bonn: Sixth Circuit Reaffirms AEDPA–Strickland “Double Deference,” Making Expert-Selection Strategy Virtually Unassailable on Federal Habeas Introduction In Allen W. Keck v. Dale Bonn, the...
Sparse Arbitration Awards Can Support Defensive Nonmutual Collateral Estoppel: Sixth Circuit Bars Relitigation Against a Nonparty Reinsurer

Sparse Arbitration Awards Can Support Defensive Nonmutual Collateral Estoppel: Sixth Circuit Bars Relitigation Against a Nonparty Reinsurer

Date: Nov 7, 2025
Sparse Arbitration Awards Can Support Defensive Nonmutual Collateral Estoppel: Sixth Circuit Bars Relitigation Against a Nonparty Reinsurer Introduction In Amerisure Mutual Insurance Company v. Swiss...
When NIH Data-Use Violations, Not Speech, Drive Discipline: Sixth Circuit Reaffirms Lemaster’s Causation Framework and Same‑Decision Defense in Academic Retaliation Claims

When NIH Data-Use Violations, Not Speech, Drive Discipline: Sixth Circuit Reaffirms Lemaster’s Causation Framework and Same‑Decision Defense in Academic Retaliation Claims

Date: Nov 7, 2025
When NIH Data-Use Violations, Not Speech, Drive Discipline: Sixth Circuit Reaffirms Lemaster’s Causation Framework and Same‑Decision Defense in Academic Retaliation Claims Introduction This...
Motive, Not Mere Linkage: Territorial/Economic Threats Do Not Establish the Nexus for Asylum or Withholding in the Sixth Circuit

Motive, Not Mere Linkage: Territorial/Economic Threats Do Not Establish the Nexus for Asylum or Withholding in the Sixth Circuit

Date: Nov 7, 2025
Motive, Not Mere Linkage: Territorial/Economic Threats Do Not Establish the Nexus for Asylum or Withholding in the Sixth Circuit Introduction In Elvia Romero Morales v. Bondi, No. 25-3195 (6th Cir....
Taylor Does Not Reach § 2113 Attempted Bank Robbery; Vowell Controls Waiver Analysis Over Portis in § 2255 Cases

Taylor Does Not Reach § 2113 Attempted Bank Robbery; Vowell Controls Waiver Analysis Over Portis in § 2255 Cases

Date: Nov 7, 2025
Taylor Does Not Reach § 2113 Attempted Bank Robbery; Vowell Controls Waiver Analysis Over Portis in § 2255 Cases Introduction In Melvin R. Hill v. United States, No. 23-3665 (6th Cir. Nov. 4, 2025)...
Sixth Circuit Clarifies Timeliness for Rule 60(b)(4) Motions and Confirms Bankruptcy Courts’ Final Authority over Barton-Aligned Trustee-Duty Claims

Sixth Circuit Clarifies Timeliness for Rule 60(b)(4) Motions and Confirms Bankruptcy Courts’ Final Authority over Barton-Aligned Trustee-Duty Claims

Date: Nov 7, 2025
Sixth Circuit Clarifies Timeliness for Rule 60(b)(4) Motions and Confirms Bankruptcy Courts’ Final Authority over Barton-Aligned Trustee-Duty Claims Introduction In Michael Edward Tindall v. Samuel...
Form AO 247 Is Enough: Sixth Circuit Reaffirms Minimal-Explanation Denials of Amendment 821 Motions When the Original Sentencing Record Addresses § 3553(a)

Form AO 247 Is Enough: Sixth Circuit Reaffirms Minimal-Explanation Denials of Amendment 821 Motions When the Original Sentencing Record Addresses § 3553(a)

Date: Nov 7, 2025
Form AO 247 Is Enough: Sixth Circuit Reaffirms Minimal-Explanation Denials of Amendment 821 Motions When the Original Sentencing Record Addresses § 3553(a) Introduction In United States v. Gerald...
Form AO 247 Is Sufficient: Sixth Circuit Upholds Denial of Amendment 821 Sentence Reduction Where Original Sentencing Reasons Demonstrate Ongoing Danger (United States v. Bass)

Form AO 247 Is Sufficient: Sixth Circuit Upholds Denial of Amendment 821 Sentence Reduction Where Original Sentencing Reasons Demonstrate Ongoing Danger (United States v. Bass)

Date: Nov 7, 2025
Form AO 247 Is Sufficient: Sixth Circuit Upholds Denial of Amendment 821 Sentence Reduction Where Original Sentencing Reasons Demonstrate Ongoing Danger (United States v. Bass) Introduction In United...
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