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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

Aggregate Hardship, Exhaustion, and the High Bar for Non‑LPR Cancellation: Commentary on Pablo‑Ventura v. Bondi (6th Cir. 2025)

Aggregate Hardship, Exhaustion, and the High Bar for Non‑LPR Cancellation: Commentary on Pablo‑Ventura v. Bondi (6th Cir. 2025)

Date: Dec 4, 2025
Aggregate Hardship, Exhaustion, and the High Bar for Non‑LPR Cancellation: Commentary on Antonio Pablo‑Ventura v. Bondi (6th Cir. 2025) I. Introduction The Sixth Circuit’s unpublished decision in...
Complete ERISA Preemption of State-Law Reimbursement and Fraud Claims: Commentary on Patterson v. UnitedHealth Group, Inc. (6th Cir. 2025)

Complete ERISA Preemption of State-Law Reimbursement and Fraud Claims: Commentary on Patterson v. UnitedHealth Group, Inc. (6th Cir. 2025)

Date: Dec 4, 2025
Complete ERISA Preemption of State-Law Reimbursement and Fraud Claims A Detailed Commentary on Eric L. Patterson v. UnitedHealth Group, Inc., et al., No. 25-3175 (6th Cir. Dec. 2, 2025) I....
Gender‑and‑Nationality Groups as Particular Social Groups After Cristales‑de Linares v. Bondi

Gender‑and‑Nationality Groups as Particular Social Groups After Cristales‑de Linares v. Bondi

Date: Dec 4, 2025
Gender‑and‑Nationality Groups as Particular Social Groups After Cristales‑de Linares v. Bondi Introduction The Sixth Circuit’s published decision in Elizabeth Cristales‑de Linares v. Bondi, No....
United States v. McCree: Violent-Felon Disarmament and Expansion of §2K2.1(b)(6)(B) in the Fifth Circuit

United States v. McCree: Violent-Felon Disarmament and Expansion of §2K2.1(b)(6)(B) in the Fifth Circuit

Date: Dec 4, 2025
United States v. McCree: Violent-Felon Disarmament and Expansion of §2K2.1(b)(6)(B) in the Fifth Circuit I. Introduction The Fifth Circuit’s decision in United States v. McCree deepens two major...
Fourth Circuit Adopts Narrow Construction of NLRA “Managerial Employee” Exception: Commentary on Constellis, LLC v. NLRB

Fourth Circuit Adopts Narrow Construction of NLRA “Managerial Employee” Exception: Commentary on Constellis, LLC v. NLRB

Date: Dec 4, 2025
Fourth Circuit Adopts Narrow Construction of NLRA “Managerial Employee” Exception: Commentary on Constellis, LLC v. NLRB I. Introduction The Fourth Circuit’s published decision in Constellis, LLC v....
Constraining the Managerial Employee Exception under the NLRA: Commentary on NLRB v. Constellis, LLC (4th Cir. 2025)

Constraining the Managerial Employee Exception under the NLRA: Commentary on NLRB v. Constellis, LLC (4th Cir. 2025)

Date: Dec 4, 2025
Constraining the Managerial Employee Exception under the NLRA: Commentary on NLRB v. Constellis, LLC (4th Cir. 2025) I. Introduction In NLRB v. Constellis, LLC, decided December 1, 2025, the U.S....
United States v. Pina (3d Cir. 2025): Post‑Vacancy First Assistants, the FVRA Nomination Bar, and De Facto U.S. Attorneys by Delegation

United States v. Pina (3d Cir. 2025): Post‑Vacancy First Assistants, the FVRA Nomination Bar, and De Facto U.S. Attorneys by Delegation

Date: Dec 4, 2025
United States v. Pina (3d Cir. 2025): Post‑Vacancy First Assistants, the FVRA Nomination Bar, and De Facto U.S. Attorneys by Delegation I. Introduction In a precedential decision issued on December...
Delegation Cannot Create a De Facto Acting U.S. Attorney: The Third Circuit’s Textual Re‑Set on the FVRA in United States v. Giraud

Delegation Cannot Create a De Facto Acting U.S. Attorney: The Third Circuit’s Textual Re‑Set on the FVRA in United States v. Giraud

Date: Dec 4, 2025
Delegation Cannot Create a De Facto Acting U.S. Attorney: The Third Circuit’s Textual Re‑Set on the FVRA in United States v. Giraud I. Introduction In this precedential opinion, the U.S. Court of...
Guideline Time Limits Do Not Constrain § 3553(a): Appeal Waivers and Upward Variances in United States v. House

Guideline Time Limits Do Not Constrain § 3553(a): Appeal Waivers and Upward Variances in United States v. House

Date: Dec 3, 2025
Guideline Time Limits Do Not Constrain § 3553(a): Appeal Waivers and Upward Variances in United States v. House I. Introduction The Tenth Circuit’s nonprecedential order in United States v. House...
Gladstone v. Owens and the Jurisdictional Barriers to Federal Injunctions Against State Court Orders

Gladstone v. Owens and the Jurisdictional Barriers to Federal Injunctions Against State Court Orders

Date: Dec 3, 2025
Gladstone v. Owens and the Jurisdictional Barriers to Federal Injunctions Against State Court Orders I. Introduction Gladstone v. Owens, No. 25-1345 (10th Cir. Dec. 1, 2025), is a nonprecedential but...
Dor v. Bondi: Fixing the Relevant Time for “Controlled Substance” Deportability to the Date of Conviction

Dor v. Bondi: Fixing the Relevant Time for “Controlled Substance” Deportability to the Date of Conviction

Date: Dec 3, 2025
Dor v. Bondi: Fixing the Relevant Time for “Controlled Substance” Deportability to the Date of Conviction I. Introduction In Dor v. Bondi, No. 25-1278 (1st Cir. Dec. 1, 2025), the First Circuit...
Physician Orders as a Safe Harbor for Laboratory Scienter under the False Claims Act: Commentary on U.S. ex rel. Omni Healthcare Inc. v. MD Spine Solutions LLC

Physician Orders as a Safe Harbor for Laboratory Scienter under the False Claims Act: Commentary on U.S. ex rel. Omni Healthcare Inc. v. MD Spine Solutions LLC

Date: Dec 3, 2025
Physician Orders as a Safe Harbor for Laboratory Scienter under the False Claims Act Commentary on United States, ex rel. Omni Healthcare Inc. v. MD Spine Solutions LLC (1st Cir. Dec. 1, 2025) I....
Nat’l Inst. of Fam. & Life Advocs. v. James: Nonprofit Referral Speech as Noncommercial Expression and Limits on Younger Abstention

Nat’l Inst. of Fam. & Life Advocs. v. James: Nonprofit Referral Speech as Noncommercial Expression and Limits on Younger Abstention

Date: Dec 3, 2025
Nat’l Inst. of Fam. & Life Advocs. v. James: Nonprofit Referral Speech as Noncommercial Expression and Limits on Younger Abstention I. Introduction In Nat’l Inst. of Family & Life Advocates v. James,...
No State Sovereign Immunity for the Port Authority in Federal Court: Baroni v. Port Authority and the Demise of Caceres

No State Sovereign Immunity for the Port Authority in Federal Court: Baroni v. Port Authority and the Demise of Caceres

Date: Dec 3, 2025
No State Sovereign Immunity for the Port Authority in Federal Court: Baroni v. Port Authority and the Demise of Caceres I. Introduction In Baroni v. Port Authority of New York and New Jersey, No....
Neutral COVID‑19 Reporting Duties After Religious Exemptions: The Seventh Circuit’s Decision in Kondilis v. City of Chicago

Neutral COVID‑19 Reporting Duties After Religious Exemptions: The Seventh Circuit’s Decision in Kondilis v. City of Chicago

Date: Dec 3, 2025
Neutral COVID‑19 Reporting Duties After Religious Exemptions: A Comprehensive Commentary on Kondilis v. City of Chicago Case: Adrianna Kondilis, et al. v. City of Chicago Court: United States Court...
United States v. Thomas: Consensual Encounters, Fake Identification, and Probable Cause to Arrest After a Littering Complaint

United States v. Thomas: Consensual Encounters, Fake Identification, and Probable Cause to Arrest After a Littering Complaint

Date: Dec 3, 2025
United States v. Thomas: Consensual Encounters, Fake Identification, and Probable Cause to Arrest After a Littering Complaint I. Introduction The Eleventh Circuit’s published decision in United...
Reasonable Reliance on Jail Medical Staff Shields Nonmedical Officers from Deliberate Indifference Liability: Commentary on Tiffany Wingo v. Major Branson Harris

Reasonable Reliance on Jail Medical Staff Shields Nonmedical Officers from Deliberate Indifference Liability: Commentary on Tiffany Wingo v. Major Branson Harris

Date: Dec 3, 2025
Reasonable Reliance on Jail Medical Staff Shields Nonmedical Officers from Deliberate Indifference Liability: Commentary on Tiffany Wingo v. Major Branson Harris I. Introduction The Eleventh...
Reaffirming Limits on Rule 33 New Trials, Intrinsic Evidence, and Defense Witness Immunity: Commentary on United States v. Beasley

Reaffirming Limits on Rule 33 New Trials, Intrinsic Evidence, and Defense Witness Immunity: Commentary on United States v. Beasley

Date: Dec 3, 2025
Reaffirming Limits on Rule 33 New Trials, Intrinsic Evidence, and Defense Witness Immunity: Commentary on United States v. Beasley I. Introduction The Eleventh Circuit’s published decision in United...
Mootness of Specific Performance Appeals After Voluntary Closing and Third-Party Assignment: Commentary on Lagos Marmol v. Kalonymus Development Partners, LLC

Mootness of Specific Performance Appeals After Voluntary Closing and Third-Party Assignment: Commentary on Lagos Marmol v. Kalonymus Development Partners, LLC

Date: Dec 3, 2025
Mootness of Specific Performance Appeals After Voluntary Closing and Third‑Party Assignment: A Comprehensive Commentary on Francisco Lagos Marmol v. Kalonymus Development Partners, LLC I....
Substantial-Assistance Departures and Mandatory Minimums: The Eleventh Circuit’s Clarification of § 3553(e)’s Limits in United States v. Perez & Rivera Rodriguez

Substantial-Assistance Departures and Mandatory Minimums: The Eleventh Circuit’s Clarification of § 3553(e)’s Limits in United States v. Perez & Rivera Rodriguez

Date: Dec 3, 2025
Substantial-Assistance Departures and Mandatory Minimums: The Eleventh Circuit’s Clarification of § 3553(e)’s Limits in United States v. Perez & Rivera Rodriguez I. Introduction In this published...
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