reaffirmation-of-& Case Commentaries

Eleventh Circuit Clarifies Rule 60(b)(3)’s One‑Year Clock Runs from Entry of the “Order,” Not Delayed by Rule 58’s Separate-Document Requirement; Reaffirms Exacting Standard for “Fraud on the Court” under Rule 60(d)(3)

Date: Nov 1, 2025

Eleventh Circuit Clarifies Rule 60(b)(3)’s One‑Year Clock Runs from Entry of the “Order,” Not Delayed by Rule 58’s Separate-Document Requirement; Reaffirms Exacting Standard for “Fraud on the Court”...

Prior Prostitution Does Not Defeat Enticement or Undue-Influence Findings: Eleventh Circuit Affirms Broad Aiding-and-Abetting Liability in Minor Sex-Trafficking Cases

Date: Nov 1, 2025

Prior Prostitution Does Not Defeat Enticement or Undue-Influence Findings: Eleventh Circuit Affirms Broad Aiding-and-Abetting Liability in Minor Sex-Trafficking Cases Introduction This non-argument,...

Light-Duty Requests Are Protected ADA Activity, But Medical Proof and Comparator Evidence Remain Essential: Sixth Circuit Affirms Summary Judgment in Moore v. Next Generation Hospitality

Date: Nov 1, 2025

Light-Duty Requests Are Protected ADA Activity, But Medical Proof and Comparator Evidence Remain Essential Commentary on Demond Alex Moore v. Next Generation Hospitality LLC, No. 24-4050 (6th Cir....

Kemp did not open a “back door”: Sixth Circuit reaffirms that Rule 60(b)(1) cannot revive an untimely appeal caused by counsel’s misreading of finality and Rule 4

Date: Nov 1, 2025

Kemp did not open a “back door”: Sixth Circuit reaffirms that Rule 60(b)(1) cannot revive an untimely appeal caused by counsel’s misreading of finality and Rule 4 Introduction This Sixth Circuit...

Logistics Control Equals Managerial Role: Sixth Circuit Affirms §3B1.1(c) Enhancement Based on Directing a Co-Participant Without Proof of Profit Share or Direct Communications

Date: Nov 1, 2025

Logistics Control Equals Managerial Role: Sixth Circuit Affirms §3B1.1(c) Enhancement Based on Directing a Co-Participant Without Proof of Profit Share or Direct Communications Introduction In United...

Victim Humiliation as a Non‑Guidelines Aggravator and Foreseeability-Based Firearm Enhancements in Carjackings: United States v. Haile (6th Cir. 2025)

Date: Nov 1, 2025

Victim Humiliation as a Non‑Guidelines Aggravator and Foreseeability-Based Firearm Enhancements in Carjackings: United States v. Haile (6th Cir. 2025) Court: U.S. Court of Appeals for the Sixth...

Adequate Prison Care and § 3553(a) Balancing Can Defeat Compassionate Release Even for End-Stage Organ Disease: Commentary on United States v. Korey Moody (6th Cir. Oct. 29, 2025)

Date: Nov 1, 2025

Adequate Prison Care and § 3553(a) Balancing Can Defeat Compassionate Release Even for End-Stage Organ Disease Commentary on United States v. Korey Moody, No. 24-4095 (6th Cir. Oct. 29, 2025) (Not...

“Just to Be Safe” Is Not Reasonable Suspicion: The Tenth Circuit Narrows Terry Frisks and Rejects Hypothetical Protective Sweeps in United States v. Huerta

Date: Nov 1, 2025

“Just to Be Safe” Is Not Reasonable Suspicion: The Tenth Circuit Narrows Terry Frisks and Rejects Hypothetical Protective Sweeps in United States v. Huerta Introduction In United States v. Huerta,...

Eleventh Circuit Clarifies Limits on Ancillary Enforcement: No Rule 69/Section 56.29 Constructive-Trust Proceedings Against Non‑Judgment Debtors

Date: Nov 1, 2025

Eleventh Circuit Clarifies Limits on Ancillary Enforcement: No Rule 69/Section 56.29 Constructive-Trust Proceedings Against Non‑Judgment Debtors Introduction This appeal arises at the intersection of...

Acceptance ≠ Interchangeability: Seventh Circuit Holds ABPN’s MOC Is Not a CME Substitute for Antitrust Tying Purposes

Date: Nov 1, 2025

Acceptance ≠ Interchangeability: Seventh Circuit Holds ABPN’s MOC Is Not a CME Substitute for Antitrust Tying Purposes Introduction In Emily Elizabeth Lazarou v. American Board of Psychiatry and...

Seventh Circuit Holds Rule 35(b)(1)’s One-Year Deadline Is a Waivable Claim-Processing Rule; District Courts May Weigh Frivolous Postconviction Litigation When Fixing Substantial-Assistance Reductions

Date: Nov 1, 2025

Rule 35(b)(1)’s One-Year Deadline Is a Waivable Claim-Processing Rule; District Courts May Weigh Frivolous Postconviction Litigation When Fixing Substantial-Assistance Reductions Introduction In...

Federal Contracts Do Not “Federalize” Municipal Detention Facilities: First Circuit Confirms § 1983 State-Action Status for Wyatt Officials

Date: Nov 1, 2025

Federal Contracts Do Not “Federalize” Municipal Detention Facilities: First Circuit Confirms § 1983 State-Action Status for Wyatt Officials Introduction In Wright v. Martin, the United States Court...

Personal-Use Harvest Is Not “Commerce”: Evenhanded Conservation Closures Upheld Against Dormant Commerce Clause Challenge

Date: Nov 1, 2025

Personal-Use Harvest Is Not “Commerce”: Evenhanded Conservation Closures Upheld Against Dormant Commerce Clause Challenge Case: Cook Inlet Fisherman’s Fund v. Alaska Department of Fish & Game, Alaska...

Planned Developments May Depart from Countywide Parking Rules: South Carolina Supreme Court Affirms PD Flexibility and Rejects Takings/Due Process Claims where Nonexclusive Parking Easement Remains Intact

Date: Nov 1, 2025

Planned Developments May Depart from Countywide Parking Rules: South Carolina Supreme Court Affirms PD Flexibility and Rejects Takings/Due Process Claims where Nonexclusive Parking Easement Remains...

Claim Preclusion Applies to Malpractice Claims Against Opposing Counsel as Privies When Based on the Same Transaction: Commentary on Zirvi v. Illumina, Inc. (3d Cir. 2025)

Date: Oct 31, 2025

Claim Preclusion Applies to Malpractice Claims Against Opposing Counsel as Privies When Based on the Same Transaction: Commentary on Zirvi v. Illumina, Inc. (3d Cir. 2025) Introduction In this...

Compassionate Release Is Not a Backdoor § 2255: Third Circuit Clarifies Limits on Ruan-Based Trial Error, Parental Caregiving, and Medical Hardship

Date: Oct 31, 2025

Compassionate Release Is Not a Backdoor § 2255: Third Circuit Clarifies Limits on Ruan-Based Trial Error, Parental Caregiving, and Medical Hardship Case: United States v. William O’Brien, III, No....

Belknap v. Spinks: Clearly Established Bar on Housing Known‑Suicidal Detainees with Loose Bedding and Tie‑Off Points; No Deliberate‑Indifference Claim for Failure to Render Aid Absent Belief of Rescuability

Date: Oct 31, 2025

Belknap v. Spinks: Clearly Established Bar on Housing Known‑Suicidal Detainees with Loose Bedding and Tie‑Off Points; No Deliberate‑Indifference Claim for Failure to Render Aid Absent Belief of...

Manageable Lines and Cost Causation: Fifth Circuit Clarifies NEPA Scope and Predeterminations under the Natural Gas Act

Date: Oct 31, 2025

Manageable Lines and Cost Causation: Fifth Circuit Clarifies NEPA Scope and Predeterminations under the Natural Gas Act Introduction In Columbia Riverkeeper v. FERC, Nos. 24-60002, 24-60197,...

Managing NEPA’s “Manageable Line” and Immediate Review of FERC Predetermination Denials: The Fifth Circuit’s Framework in Gas Transmission NW v. FERC

Date: Oct 31, 2025

Managing NEPA’s “Manageable Line” and Immediate Review of FERC Predetermination Denials: The Fifth Circuit’s Framework in Gas Transmission NW v. FERC Introduction In Gas Transmission NW v. FERC (5th...

No Presumption of Rolled‑In Rates for Oversized § 2.55(b) Replacements; Fifth Circuit Endorses FERC’s “Manageable Line” NEPA Scope After Seven County

Date: Oct 31, 2025

No Presumption of Rolled‑In Rates for Oversized § 2.55(b) Replacements; Fifth Circuit Endorses FERC’s “Manageable Line” NEPA Scope After Seven County Introduction This consolidated Fifth Circuit...

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