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  • Commentaries
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reaffirming-tellabs:-sixth-circuit-establishes-correct-& Case Commentaries

United States v. Abbott: Sixth Circuit Broadens Prosecutorial Latitude on Joinder and 404(b) Intent Evidence in Civil-Rights Prosecutions

United States v. Abbott: Sixth Circuit Broadens Prosecutorial Latitude on Joinder and 404(b) Intent Evidence in Civil-Rights Prosecutions

Date: Aug 13, 2025
United States v. Abbott: Sixth Circuit Broadens Prosecutorial Latitude on Joinder and 404(b) Intent Evidence in Civil-Rights Prosecutions 1. Introduction In United States v. Tanner M. Abbott (6th...
“From Clear Error to Substantial Evidence” – The Eleventh Circuit Sets the Standard for Reviewing Exceptional-and-Extremely-Unusual-Hardship Findings

“From Clear Error to Substantial Evidence” – The Eleventh Circuit Sets the Standard for Reviewing Exceptional-and-Extremely-Unusual-Hardship Findings

Date: Aug 13, 2025
“From Clear Error to Substantial Evidence” – The Eleventh Circuit Sets the Standard for Reviewing Exceptional-and-Extremely-Unusual-Hardship Findings Introduction In Isaac Lopez-Martinez & Martha...
“Substantial Evidence” Takes Centre Stage: Eleventh Circuit Sets the Review Standard for Exceptional-and-Extremely-Unusual-Hardship Determinations

“Substantial Evidence” Takes Centre Stage: Eleventh Circuit Sets the Review Standard for Exceptional-and-Extremely-Unusual-Hardship Determinations

Date: Aug 13, 2025
“Substantial Evidence” Takes Centre Stage: Eleventh Circuit Sets the Review Standard for Exceptional-and-Extremely-Unusual-Hardship Determinations 1. Introduction In Isaac Lopez-Martinez & Martha...
Eleventh Circuit Clarifies that Prisoners Exhaust Remedies When They Properly Mail a BP-11: McGuire-Mollica v. Griffin

Eleventh Circuit Clarifies that Prisoners Exhaust Remedies When They Properly Mail a BP-11: McGuire-Mollica v. Griffin

Date: Aug 13, 2025
Eleventh Circuit Clarifies that Prisoners Exhaust Remedies When They Properly Mail a BP-11 Form: McGuire-Mollica v. Griffin 1. Introduction The United States Court of Appeals for the Eleventh...
“From Broad Brush to Fine Lines” – Seventh Circuit Demands Individualized Pleadings in Mass Prisoner-Medical Claims

“From Broad Brush to Fine Lines” – Seventh Circuit Demands Individualized Pleadings in Mass Prisoner-Medical Claims

Date: Aug 13, 2025
“From Broad Brush to Fine Lines” – Seventh Circuit Demands Individualized Pleadings in Mass Prisoner-Medical Claims Introduction Case: Jeffrey Orr et al. v. Louis Shicker et al.; James Ternaprovich...
From Damages to Personal Liability: Seventh Circuit Clarifies Capacity-Pleading
            and Specificity Standards in Multi-Prisoner Hepatitis-C Litigation

From Damages to Personal Liability: Seventh Circuit Clarifies Capacity-Pleading and Specificity Standards in Multi-Prisoner Hepatitis-C Litigation

Date: Aug 13, 2025
From Damages to Personal Liability: Seventh Circuit Clarifies Capacity-Pleading and Specificity Standards in Multi-Prisoner Hepatitis-C Litigation Introduction Jeffrey Orr v. Louis Shicker and the...
Clarifying Device-Based Internet Monitoring and Treatment-Program Authority in Supervised Release: A Commentary on United States v. Isbell (7th Cir. 2025)

Clarifying Device-Based Internet Monitoring and Treatment-Program Authority in Supervised Release: A Commentary on United States v. Isbell (7th Cir. 2025)

Date: Aug 13, 2025
Clarifying Device-Based Internet Monitoring and Treatment-Program Authority in Supervised Release A Comprehensive Commentary on United States v. Israel C. Isbell, 7th Cir., Aug. 6 2025 1....
United States v. Hecke: Seventh Circuit Clarifies Materiality & Intent Standards for Franks Hearings and Affirms Limits on Constructive Amendment

United States v. Hecke: Seventh Circuit Clarifies Materiality & Intent Standards for Franks Hearings and Affirms Limits on Constructive Amendment

Date: Aug 13, 2025
United States v. Steven J. Hecke Seventh Circuit Refines the Threshold for Franks Hearings, Re-emphasises the Contours of Constructive Amendment, and Upholds Sentencing Enhancements 1. Introduction...
Clarifying the Nexus Requirement: Aquino-Menendez v. Bondi and the Limits of Particular-Social-Group Claims in Gang-Based Persecution

Clarifying the Nexus Requirement: Aquino-Menendez v. Bondi and the Limits of Particular-Social-Group Claims in Gang-Based Persecution

Date: Aug 13, 2025
Clarifying the Nexus Requirement: Aquino-Menendez v. Bondi and the Limits of Particular-Social-Group Claims in Gang-Based Persecution Introduction In Blanca Aquino-Menendez v. Pamela Bondi, the...
No Duty Beyond Article 4A: Fourth Circuit Clarifies Banks’ Liability for Elder Wire-Fraud – Commentary on Satterfield v. Wells Fargo Bank, N.A. (4th Cir. 2025)

No Duty Beyond Article 4A: Fourth Circuit Clarifies Banks’ Liability for Elder Wire-Fraud – Commentary on Satterfield v. Wells Fargo Bank, N.A. (4th Cir. 2025)

Date: Aug 13, 2025
No Duty Beyond Article 4A: Fourth Circuit Clarifies Banks’ Liability for Elder Wire-Fraud (Commentary on Janine Satterfield v. Wells Fargo Bank, N.A., 4th Cir. 2025) 1. Introduction The Fourth...
Bell v. Streeval: Fourth Circuit Retires the Jones–Wheeler–Young Saving-Clause Doctrine After Jones v. Hendrix

Bell v. Streeval: Fourth Circuit Retires the Jones–Wheeler–Young Saving-Clause Doctrine After Jones v. Hendrix

Date: Aug 13, 2025
Bell v. Streeval: Fourth Circuit Retires the Jones / Wheeler / Young Saving-Clause Doctrine After Jones v. Hendrix I. Introduction Jason Tyann Bell, a federal inmate sentenced in 2003 under the...
“Only the Named Insured May Exhaust the SIR” – Delaware Supreme Court’s Definitive Guidance in In Re Aearo Technologies LLC Insurance Appeals

“Only the Named Insured May Exhaust the SIR” – Delaware Supreme Court’s Definitive Guidance in In Re Aearo Technologies LLC Insurance Appeals

Date: Aug 13, 2025
“Only the Named Insured May Exhaust the SIR” – Delaware Supreme Court’s Definitive Guidance in In Re Aearo Technologies LLC Insurance Appeals 1. Introduction The Supreme Court of Delaware, sitting en...
“CT-Scan Supremacy”: Potomac Coal Co. v. DOWCP and the Fourth Circuit’s Clarification on Establishing Complicated Pneumoconiosis Under 20 C.F.R. § 718.304

“CT-Scan Supremacy”: Potomac Coal Co. v. DOWCP and the Fourth Circuit’s Clarification on Establishing Complicated Pneumoconiosis Under 20 C.F.R. § 718.304

Date: Aug 12, 2025
“CT-Scan Supremacy”: Potomac Coal Co. v. DOWCP and the Fourth Circuit’s Clarification on Establishing Complicated Pneumoconiosis Under 20 C.F.R. § 718.304 1. Introduction Potomac Coal Company v....
Herold v. Christensen: Tenth Circuit Narrows “Obvious-Violation” Path around Qualified Immunity for Close-Range Pepper-Spray Deployments

Herold v. Christensen: Tenth Circuit Narrows “Obvious-Violation” Path around Qualified Immunity for Close-Range Pepper-Spray Deployments

Date: Aug 12, 2025
Herold v. Christensen: Tenth Circuit Narrows “Obvious-Violation” Path around Qualified Immunity for Close-Range Pepper-Spray Deployments Introduction On 6 August 2025 the United States Court of...
“Consolidating Skrmetti” – Poe v. Drummond and the Rational-Basis Standard for State Bans on Pediatric Gender-Transition Procedures

“Consolidating Skrmetti” – Poe v. Drummond and the Rational-Basis Standard for State Bans on Pediatric Gender-Transition Procedures

Date: Aug 12, 2025
“Consolidating Skrmetti” – Poe v. Drummond and the Rational-Basis Standard for State Bans on Pediatric Gender-Transition Procedures 1. Introduction Poe v. Drummond, decided by the United States Court...
Reaffirming Qualified Immunity for Prison Officials When a Medical “No-Handcuff” Pass Has Expired – A Commentary on Bangmon v. Tucker (5th Cir. 2025)

Reaffirming Qualified Immunity for Prison Officials When a Medical “No-Handcuff” Pass Has Expired – A Commentary on Bangmon v. Tucker (5th Cir. 2025)

Date: Aug 12, 2025
Reaffirming Qualified Immunity for Prison Officials When a Medical “No-Handcuff” Pass Has Expired – A Commentary on Bangmon v. Tucker (5th Cir. 2025) Introduction The United States Court of Appeals...
The Presence-Membership Test: Fifth Circuit Upholds Mass-Warrant Sufficiency Post-Twin Peaks

The Presence-Membership Test: Fifth Circuit Upholds Mass-Warrant Sufficiency Post-Twin Peaks

Date: Aug 12, 2025
The Presence-Membership Test: Fifth Circuit Upholds Mass-Warrant Sufficiency Post-Twin Peaks Introduction Barnhart v. Stroman is the latest—and likely last—chapter in the spate of civil-rights suits...
Berger v. Lexington Insurance ‑ Fifth Circuit Clarifies that an Invalid Uninsured-Motorist Waiver Does Not Trigger “Drop-Down” Coverage under Louisiana Umbrella Policies

Berger v. Lexington Insurance ‑ Fifth Circuit Clarifies that an Invalid Uninsured-Motorist Waiver Does Not Trigger “Drop-Down” Coverage under Louisiana Umbrella Policies

Date: Aug 12, 2025
Invalid UM Waiver ≠ Drop-Down: Berger v. Lexington Insurance and the Limits of Umbrella Liability under Louisiana Law Introduction Berger v. Lexington Insurance (5th Cir. Aug. 5 2025) addresses...
“The Unilateral-Manager Rule” – Why a Manager’s Forum Contacts Cannot Confer Jurisdiction on an LLC: A Commentary on CDC Real Estate v. La Biela (5th Cir. 2025)

“The Unilateral-Manager Rule” – Why a Manager’s Forum Contacts Cannot Confer Jurisdiction on an LLC: A Commentary on CDC Real Estate v. La Biela (5th Cir. 2025)

Date: Aug 12, 2025
“The Unilateral-Manager Rule” – Why a Manager’s Forum Contacts Cannot Confer Jurisdiction on an LLC: A Commentary on CDC Real Estate v. La Biela (5th Cir. 2025) Introduction The United States Court...
Authority and Immunity in Campus Due-Process Litigation: The Fifth Circuit’s Guidance in Doe v. Prairie View

Authority and Immunity in Campus Due-Process Litigation: The Fifth Circuit’s Guidance in Doe v. Prairie View

Date: Aug 12, 2025
Authority and Immunity in Campus Due-Process Litigation: The Fifth Circuit’s Guidance in Doe v. Prairie View Introduction In Doe v. Prairie View A&M University, No. 24-20128 (5th Cir. Aug. 5, 2025),...
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