protection-of-fanciful-trademarks-and-recovery-of-infringer& Case Commentaries

Post‑Abitron, Narrowing an Injunction Does Not Strip Prevailing‑Party Status or Preclude Exceptional‑Case Fees Under § 1117(a)

Date: Sep 30, 2025

Post‑Abitron, Narrowing an Injunction Does Not Strip Prevailing‑Party Status or Preclude Exceptional‑Case Fees Under § 1117(a) Introduction In this unpublished per curiam decision, the Eleventh...

No Constructive Amendment Where §1344 Indictment Language Subsumes Both Prongs; Second Circuit Reaffirms Deference to “Intended Loss” Commentary and Jointly Undertaken Activity at Sentencing (United States v. Rahmankulov)

Date: Sep 30, 2025

No Constructive Amendment Where §1344 Indictment Language Subsumes Both Prongs; Second Circuit Reaffirms Deference to “Intended Loss” Commentary and Jointly Undertaken Activity at Sentencing Case:...

“Move Over” Means Move Over: Second Circuit (Nonprecedential) Clarification That N.Y. VTL § 1144-a(b) Mandates a Lane Change (When Safe), Supporting Reasonable Suspicion for a Traffic Stop

Date: Sep 30, 2025

“Move Over” Means Move Over: Second Circuit (Nonprecedential) Clarification That N.Y. VTL § 1144-a(b) Mandates a Lane Change (When Safe), Supporting Reasonable Suspicion for a Traffic Stop...

Reaffirming Deference to Sentencing Courts: Above-Guidelines Variance Upheld for Aggravated NFA Possession Involving Discharge and Protective-Order Violations

Date: Sep 30, 2025

Reaffirming Deference to Sentencing Courts: Above-Guidelines Variance Upheld for Aggravated NFA Possession Involving Discharge and Protective-Order Violations Introduction In United States v....

Systemwide Conditions Are Not “Adverse Employment Actions” Absent Individualized Harm After Muldrow: Commentary on Bowman v. City of Chicago Board of Education (7th Cir. 2025)

Date: Sep 30, 2025

Systemwide Conditions Are Not “Adverse Employment Actions” Absent Individualized Harm After Muldrow Commentary on Bowman v. City of Chicago Board of Education (7th Cir. Sept. 29, 2025) Introduction...

Post-Erlinger Harmless Error in ACCA Cases: Sixth Circuit Confirms PSRs May Ground “Different Occasions” Findings and Emphasizes the Reasonable-Jury Standard

Date: Sep 30, 2025

Post-Erlinger Harmless Error in ACCA Cases: Sixth Circuit Confirms PSRs May Ground “Different Occasions” Findings and Emphasizes the Reasonable-Jury Standard Introduction In United States v. Marquise...

Channel Stuffing as a Half-Truth: The Second Circuit Confirms 10b-5(b) Liability and Clarifies Scienter and “Truth-on-the-Market” at the Pleading Stage

Date: Sep 30, 2025

Channel Stuffing as a Half-Truth: The Second Circuit Confirms 10b-5(b) Liability and Clarifies Scienter and “Truth-on-the-Market” at the Pleading Stage Introduction In Gimpel v. Hain Celestial Group,...

After Delligatti, VICAR Attempted Murder Categorically Supports §924(c) “Crime of Violence”; Stipulated §2K2.1(b)(6)(B) Enhancements Are Effectively Unreviewable

Date: Sep 30, 2025

After Delligatti, VICAR Attempted Murder Categorically Supports §924(c) “Crime of Violence”; Stipulated §2K2.1(b)(6)(B) Enhancements Are Effectively Unreviewable Introduction In United States v....

Nevada Supreme Court Clarifies: Post‑Judgment Sealing Orders Are Not Appealable Unless They Affect Rights Embedded in the Final Judgment (Bloom v. Rodgers, 2025)

Date: Sep 30, 2025

Nevada Supreme Court Clarifies: Post‑Judgment Sealing Orders Are Not Appealable Unless They Affect Rights Embedded in the Final Judgment Case Overview and Procedural Posture Case: Bloom v. Rodgers...

When Parties Waive Appeals, Even Erroneous Sealing Orders Stand: Third Circuit Holds Indefinite Post‑Judgment Sealing Orders Are Final Collateral Orders but Unreviewable by a Waiving Party

Date: Sep 28, 2025

When Parties Waive Appeals, Even Erroneous Sealing Orders Stand: The Third Circuit Confirms Indefinite Post‑Judgment Sealing Orders Are Final Collateral Orders but Unreviewable by a Waiving Party...

Reaffirming Sovereign and Judicial Immunity and Plausibility Pleading in Domestic‑Relations–Adjunct RICO/§ 1983 Suits: Fake v. Commonwealth of Pennsylvania (3d Cir. 2025)

Date: Sep 28, 2025

Reaffirming Sovereign and Judicial Immunity and Plausibility Pleading in Domestic‑Relations–Adjunct RICO/§ 1983 Suits: Fake v. Commonwealth of Pennsylvania (3d Cir. 2025) Note: This Third Circuit...

Post-Deprivation Prison Grievance Procedures Satisfy Due Process for Temporarily Withheld Inmate Funds; Supervisory Liability Requires Personal Involvement, Not Grievance Denials (Bell v. Superintendent Benner Township SCI)

Date: Sep 28, 2025

Post-Deprivation Prison Grievance Procedures Satisfy Due Process for Temporarily Withheld Inmate Funds; Supervisory Liability Requires Personal Involvement, Not Grievance Denials Introduction This...

Actual Fraud or Nothing: Market-Tested Sale Findings and Appellate Record Limits Defeat § 1144 Revocation in Virgin Orbit

Date: Sep 28, 2025

Actual Fraud or Nothing: Market-Tested Sale Findings and Appellate Record Limits Defeat § 1144 Revocation in Virgin Orbit Introduction This commentary analyzes the Third Circuit’s non-precedential...

CAFA Amount in Controversy Fixed at Filing—Even If Federal Claims Are Later Dismissed; Third Circuit Reaffirms Panzarella’s “Use” Requirement for TCPA ATDS Liability

Date: Sep 28, 2025

CAFA Amount in Controversy Fixed at Filing—Even If Federal Claims Are Later Dismissed; Third Circuit Reaffirms Panzarella’s “Use” Requirement for TCPA ATDS Liability Introduction In Michael Anthony...

Imposters Can “Occupy” a Position of Trust: Fourth Circuit Reaffirms §3B1.3’s Reach Post‑Kisor and Upholds Probation’s Authority to Set Treatment Details

Date: Sep 28, 2025

Imposters Can “Occupy” a Position of Trust: Fourth Circuit Reaffirms §3B1.3’s Reach Post‑Kisor and Upholds Probation’s Authority to Set Treatment Details Introduction In United States v. Brewer, the...

Mandamus Is Not a Vehicle to Challenge § 636(b) Referrals or Routine Case-Management Orders: In re Huber (10th Cir. 2025)

Date: Sep 28, 2025

Mandamus Is Not a Vehicle to Challenge § 636(b) Referrals or Routine Case-Management Orders: In re Huber (10th Cir. 2025) Introduction In In re Huber, No. 25-4109 (10th Cir. Sept. 26, 2025), the...

“Found In” Means Each Discovery Is a Separate § 1326 Offense—No Intervening Removal Required (United States v. Herrera‑Salazar, 10th Cir. 2025)

Date: Sep 28, 2025

“Found In” Means Each Discovery Is a Separate § 1326 Offense—No Intervening Removal Required Case: United States v. Herrera‑Salazar, No. 24‑7029 (10th Cir. Sept. 26, 2025) (nonprecedential Order and...

United States v. Stacy: Tenth Circuit Opens §1292(a)(1) Path to Enjoin DOJ Spending Under the Medical Marijuana Appropriations Rider and Limits Protection to At Least Substantial Compliance with State Law

Date: Sep 28, 2025

United States v. Stacy: Tenth Circuit Opens §1292(a)(1) Path to Enjoin DOJ Spending Under the Medical Marijuana Appropriations Rider and Limits Protection to At Least Substantial Compliance with...

No Continuing Violation for FDCPA Suits Based on Debt-Collection Litigation; Post-Complaint Filings Do Not Restart the One-Year Clock

Date: Sep 27, 2025

No Continuing Violation for FDCPA Suits Based on Debt-Collection Litigation; Post-Complaint Filings Do Not Restart the One-Year Clock Case: Helisha Moore v. Cohn, Lifland, Pearlman, Hermann & Knoph...

Davis v. Curtis: Tenth Circuit Reaffirms Continuing Court‑Martial Jurisdiction After ETS and Strict “Full and Fair Consideration” Limits on § 2241 Review

Date: Sep 27, 2025

Continuing Court‑Martial Jurisdiction After ETS and the Strict Dodson Gatekeeper for Military Habeas Review: Commentary on Davis v. Curtis (10th Cir. Sept. 25, 2025) Introduction In Davis v. Curtis,...

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