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  • Commentaries
  • Judgments

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

“Waiver at the Immigration Judge Level Bars Re-Framing of Particular Social Groups on Appeal” ― A Commentary on Alvarez Carguachi v. Bondi (2d Cir. 2025)

“Waiver at the Immigration Judge Level Bars Re-Framing of Particular Social Groups on Appeal” ― A Commentary on Alvarez Carguachi v. Bondi (2d Cir. 2025)

Date: Aug 1, 2025
“Waiver at the Immigration Judge Level Bars Re-Framing of Particular Social Groups on Appeal” A Comprehensive Commentary on Alvarez Carguachi v. Bondi (2d Cir. 2025) 1. Introduction In Alvarez...
Due-Diligence Boundaries and Materiality under Rule 33: Commentary on United States v. Hild (2d Cir. 2025)

Due-Diligence Boundaries and Materiality under Rule 33: Commentary on United States v. Hild (2d Cir. 2025)

Date: Aug 1, 2025
Due-Diligence Boundaries and Materiality under Rule 33: Lessons from United States v. Hild (2d Cir. 2025) Introduction United States v. Hild is an appeal decided by the United States Court of Appeals...
Whitney v. Montefiore: Second Circuit Re-Affirms Limits of ADA Protection When Patient Safety and Professional Integrity Are Compromised

Whitney v. Montefiore: Second Circuit Re-Affirms Limits of ADA Protection When Patient Safety and Professional Integrity Are Compromised

Date: Aug 1, 2025
Whitney v. Montefiore: Second Circuit Re-Affirms Limits of ADA Protection When Patient Safety and Professional Integrity Are Compromised Introduction Whitney v. Montefiore Medical Center, No....
Minott v. The Washington Law Firm PLLC: Re-affirming Broad District Court Discretion over Attorney Charging Liens and Lodestar Calculations

Minott v. The Washington Law Firm PLLC: Re-affirming Broad District Court Discretion over Attorney Charging Liens and Lodestar Calculations

Date: Aug 1, 2025
Minott v. The Washington Law Firm PLLC: Re-affirming Broad District Court Discretion over Attorney Charging Liens and Lodestar Calculations Introduction In Minott v. The Washington Law Firm PLLC, the...
Contempt Beyond the Dock: Eleventh Circuit Confirms District Courts May Dismiss LHWCA Claims for Willful Non-Compliance and Declares Rule 5.1 Inapplicable to Federal Regulations

Contempt Beyond the Dock: Eleventh Circuit Confirms District Courts May Dismiss LHWCA Claims for Willful Non-Compliance and Declares Rule 5.1 Inapplicable to Federal Regulations

Date: Aug 1, 2025
Contempt Beyond the Dock: Eleventh Circuit Confirms District Courts May Dismiss LHWCA Claims for Willful Non-Compliance and Declares Rule 5.1 Inapplicable to Federal Regulations Introduction In...
Eleventh Circuit in Wright v. Commissioner: No Innocent-Spouse Relief Where Deficiency Stems from the Petitioner's Own Income & Strict “Compensable-Harm” Standard for Removal-Power Challenges

Eleventh Circuit in Wright v. Commissioner: No Innocent-Spouse Relief Where Deficiency Stems from the Petitioner's Own Income & Strict “Compensable-Harm” Standard for Removal-Power Challenges

Date: Aug 1, 2025
Eleventh Circuit in Wright v. Commissioner: No Innocent-Spouse Relief Where Deficiency Stems from the Petitioner’s Own Income & Strict “Compensable-Harm” Standard for Removal-Power Challenges 1....
Ambiguous Lien Language, Entireties Accounts, and Constructive Fraudulent Transfer: The Eleventh Circuit’s Guidance in UBS v. Esteva

Ambiguous Lien Language, Entireties Accounts, and Constructive Fraudulent Transfer: The Eleventh Circuit’s Guidance in UBS v. Esteva

Date: Aug 1, 2025
Ambiguous Lien Language, Entireties Accounts, and Constructive Fraudulent Transfer: Eleventh Circuit Clarifies Summary-Judgment Standards in Bankruptcy Disputes (UBS v. Esteva) 1. Introduction The...

Plain-Error Review after Erlinger: The Eleventh Circuit Re-confirms the
Defendant’s Burden to Show Prejudice on “Different-Occasions” Findings –
A Commentary on United States v. Karzarta Piett

Plain-Error Review after Erlinger: The Eleventh Circuit Re-confirms the Defendant’s Burden to Show Prejudice on “Different-Occasions” Findings – A Commentary on United States v. Karzarta Piett

Date: Aug 1, 2025
Plain-Error Review after Erlinger: Eleventh Circuit Re-confirms the Defendant’s Burden to Show Prejudice on “Different-Occasions” Findings – Commentary on United States v. Karzarta Piett Introduction...
“Turning a Blind Eye”: United States v. White & Herndon – Sixth Circuit Re-Affirms the High Bar for Franks Hearings on Omissions and Clarifies “Deliberate Ignorance” in Money-Laundering Conspiracies

“Turning a Blind Eye”: United States v. White & Herndon – Sixth Circuit Re-Affirms the High Bar for Franks Hearings on Omissions and Clarifies “Deliberate Ignorance” in Money-Laundering Conspiracies

Date: Aug 1, 2025
“Turning a Blind Eye”: United States v. White & Herndon – Sixth Circuit Re-Affirms the High Bar for Franks Hearings on Omissions and Clarifies “Deliberate Ignorance” in Money-Laundering Conspiracies...
United States v. White: Sixth Circuit Re-Affirms the “Higher Bar” for Franks-Based Omissions and Clarifies Use of Third-Party Prior Convictions to Establish Knowledge in Money-Laundering Cases

United States v. White: Sixth Circuit Re-Affirms the “Higher Bar” for Franks-Based Omissions and Clarifies Use of Third-Party Prior Convictions to Establish Knowledge in Money-Laundering Cases

Date: Aug 1, 2025
United States v. White: Sixth Circuit Re-Affirms the “Higher Bar” for Franks-Based Omissions and Clarifies Use of Third-Party Prior Convictions to Establish Knowledge in Money-Laundering Cases...
“Dancing on Thin Ice” – The Sixth Circuit’s Clarification of Sua Sponte Rule 11 and § 1927 Sanctions in Pandemic-Related Litigation (Bojicic v. DeWine II, 2025)

“Dancing on Thin Ice” – The Sixth Circuit’s Clarification of Sua Sponte Rule 11 and § 1927 Sanctions in Pandemic-Related Litigation (Bojicic v. DeWine II, 2025)

Date: Aug 1, 2025
“Dancing on Thin Ice” – The Sixth Circuit’s Clarification of Sua Sponte Rule 11 and § 1927 Sanctions in Pandemic-Related Litigation (Commentary on Erica Bojicic v. Richard Michael DeWine,...
Boundary Lines Re-Drawn: Juliuson v. Johnson and the Limits of Good-Faith Claims Beyond Insurance Contracts

Boundary Lines Re-Drawn: Juliuson v. Johnson and the Limits of Good-Faith Claims Beyond Insurance Contracts

Date: Aug 1, 2025
Boundary Lines Re-Drawn: Juliuson v. Johnson and the Limits of Good-Faith Claims Beyond Insurance Contracts Introduction In Juliuson v. Johnson, 2025 ND 139, the North Dakota Supreme Court issued a...
Harrelson v. State: Refining Plain-Error Review of Improper Comments on “Equally Accessible” Witnesses

Harrelson v. State: Refining Plain-Error Review of Improper Comments on “Equally Accessible” Witnesses

Date: Aug 1, 2025
Harrelson v. State: Refining Plain-Error Review of Improper Comments on “Equally Accessible” Witnesses 1. Introduction Jonathan Harrelson, a forty-four-year-old Mississippi resident, was convicted of...
In re Phillips: Indiana Supreme Court Establishes CPA-Monitored Probation as the Default Sanction for Trust-Account Mismanagement and Unreasonable Estate Fees

In re Phillips: Indiana Supreme Court Establishes CPA-Monitored Probation as the Default Sanction for Trust-Account Mismanagement and Unreasonable Estate Fees

Date: Aug 1, 2025
In re Phillips: Indiana Supreme Court Establishes CPA-Monitored Probation as the Default Sanction for Trust-Account Mismanagement and Unreasonable Estate Fees Introduction The decision in In the...
Tamm v. Gatzke: Re-drawing the Lines – North Dakota Reins in Rule 12(c) and Re-affirms Fact-Intensive Nature of Express and Implied Easement Claims

Tamm v. Gatzke: Re-drawing the Lines – North Dakota Reins in Rule 12(c) and Re-affirms Fact-Intensive Nature of Express and Implied Easement Claims

Date: Aug 1, 2025
Tamm v. Gatzke: Re-drawing the Lines – North Dakota Reins in Rule 12(c) and Re-affirms Fact-Intensive Nature of Express and Implied Easement Claims Introduction Tamm v. Gatzke, 2025 ND 141, is the...
Clarity over Cocktails: North Dakota Supreme Court Refines the Vagueness Test for Non-Criminal Municipal Ordinances Governing Alcohol Service

Clarity over Cocktails: North Dakota Supreme Court Refines the Vagueness Test for Non-Criminal Municipal Ordinances Governing Alcohol Service

Date: Aug 1, 2025
Clarity over Cocktails: North Dakota Supreme Court Refines the Vagueness Test for Non-Criminal Municipal Ordinances Governing Alcohol Service Introduction In Liquid Hospitality, LLC d/b/a Windbreak...
“Granular Privilege Review” Mandated: Anne Carlsen Center v. LeFevre and the New North Dakota Specificity Standard in Discovery Orders

“Granular Privilege Review” Mandated: Anne Carlsen Center v. LeFevre and the New North Dakota Specificity Standard in Discovery Orders

Date: Aug 1, 2025
“Granular Privilege Review” Mandated: Anne Carlsen Center v. LeFevre and the New North Dakota Specificity Standard in Discovery Orders Introduction Anne Carlsen Center v. LeFevre, 2025 ND 142, is a...
People v. Williams (1st Dep’t 2025): Handcuffing by DHS Is a De Facto Arrest Requiring Probable Cause; “Distinctive Clothing” and Murky Video Do Not Supply Probable Cause; Unpreserved Attenuation Cannot Save the Prosecution

People v. Williams (1st Dep’t 2025): Handcuffing by DHS Is a De Facto Arrest Requiring Probable Cause; “Distinctive Clothing” and Murky Video Do Not Supply Probable Cause; Unpreserved Attenuation Cannot Save the Prosecution

Date: Aug 1, 2025
People v. Williams (1st Dep’t 2025): Handcuffing by DHS Is a De Facto Arrest Requiring Probable Cause; “Distinctive Clothing” and Murky Video Do Not Supply Probable Cause; Unpreserved Attenuation...
“Hostility Requires Objective Acts” – Roth v. Meyer and the Refined Standard for Proving Adverse Possession in North Dakota

“Hostility Requires Objective Acts” – Roth v. Meyer and the Refined Standard for Proving Adverse Possession in North Dakota

Date: Aug 1, 2025
“Hostility Requires Objective Acts” – Roth v. Meyer and the Refined Standard for Proving Adverse Possession in North Dakota Introduction Roth v. Meyer, 2025 ND 116, is the North Dakota Supreme...
Rademacher v. State – North Dakota Supreme Court Clarifies the Evidentiary Burden for Post-Conviction Ineffective-Assistance Claims Involving Unobtained Expert Evaluations

Rademacher v. State – North Dakota Supreme Court Clarifies the Evidentiary Burden for Post-Conviction Ineffective-Assistance Claims Involving Unobtained Expert Evaluations

Date: Aug 1, 2025
Rademacher v. State – North Dakota Supreme Court Clarifies the Evidentiary Burden for Post-Conviction Ineffective-Assistance Claims Involving Unobtained Expert Evaluations Introduction Steven Charles...
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