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

United States v. Rivera-Rivera: Circumstantial Knowledge as a Sufficient Basis for Aiding-and-Abetting Liability in Federal Carjacking Cases

United States v. Rivera-Rivera: Circumstantial Knowledge as a Sufficient Basis for Aiding-and-Abetting Liability in Federal Carjacking Cases

Date: Jul 30, 2025
United States v. Rivera-Rivera (1st Cir. 2025) Circumstantial Knowledge as a Sufficient Basis for Aiding-and-Abetting Liability in Federal Carjacking Cases 1. Introduction The consolidated appeal in...
“Explain or Err”: The First Circuit’s Strict Duty to Justify Non-Guidelines Sentences after United States v. Rodríguez-Bermúdez

“Explain or Err”: The First Circuit’s Strict Duty to Justify Non-Guidelines Sentences after United States v. Rodríguez-Bermúdez

Date: Jul 30, 2025
“Explain or Err”: The First Circuit’s Strict Duty to Justify Non-Guidelines Sentences Commentary on United States v. Rodríguez-Bermúdez, No. 23-1259 (1st Cir. July 25, 2025) Introduction United...
“Speculative Comparators Are Not Enough” – The First Circuit’s Clarification of Title VII Pleading Standards in Waleyko v. Del Toro (2025)

“Speculative Comparators Are Not Enough” – The First Circuit’s Clarification of Title VII Pleading Standards in Waleyko v. Del Toro (2025)

Date: Jul 30, 2025
“Speculative Comparators Are Not Enough” – The First Circuit’s Clarification of Title VII Pleading Standards in Waleyko v. Del Toro (2025) 1. Introduction In Waleyko v. Del Toro, No. 24-1310 (1st...
“Futility over Formality” – The Michigan Supreme Court Curtails Remand after Vacated Summary-Contempt Convictions

“Futility over Formality” – The Michigan Supreme Court Curtails Remand after Vacated Summary-Contempt Convictions

Date: Jul 30, 2025
“Futility over Formality” – The Michigan Supreme Court Curtails Remand after Vacated Summary-Contempt Convictions Introduction In In re Contempt of Kathy H. Murphy, the Michigan Supreme Court...
“Clarifying Public-Policy Retaliatory Discharge & Employer Status under Michigan’s WPA” – A Commentary on Janetsky v County of Saginaw (Mich. 2025)

“Clarifying Public-Policy Retaliatory Discharge & Employer Status under Michigan’s WPA” – A Commentary on Janetsky v County of Saginaw (Mich. 2025)

Date: Jul 30, 2025
Clarifying Public-Policy Retaliatory Discharge & Employer Status under Michigan’s WPA – A Structured Commentary on Janetsky v. County of Saginaw, 508 Mich ___ (2025) 1. Introduction The Michigan...
“No Resurrection by Silence” – Third Circuit Clarifies that a BIA Summary Affirmance Does Not Cure Failure to Exhaust

“No Resurrection by Silence” – Third Circuit Clarifies that a BIA Summary Affirmance Does Not Cure Failure to Exhaust

Date: Jul 30, 2025
“No Resurrection by Silence” – Third Circuit Clarifies that a BIA Summary Affirmance Does Not Cure Failure to Exhaust Introduction In A. G.-G. v. Attorney General United States of America, No....
Gentles v. Borough of Pottstown: Third Circuit Re-Affirms the Limits of Terry Stops Predicated on Anonymous Tips and Clarifies the Treatment of “Self-Serving” Affidavits at Summary Judgment

Gentles v. Borough of Pottstown: Third Circuit Re-Affirms the Limits of Terry Stops Predicated on Anonymous Tips and Clarifies the Treatment of “Self-Serving” Affidavits at Summary Judgment

Date: Jul 30, 2025
Gentles v. Borough of Pottstown: Third Circuit Re-Affirms the Limits of Terry Stops Predicated on Anonymous Tips and Clarifies the Treatment of “Self-Serving” Affidavits at Summary Judgment...
Finality over Frustration: The Third Circuit’s Re-affirmation of Res Judicata and the Limits of Civil-Rights Liability for Private Attorneys

Finality over Frustration: The Third Circuit’s Re-affirmation of Res Judicata and the Limits of Civil-Rights Liability for Private Attorneys

Date: Jul 30, 2025
Finality over Frustration: The Third Circuit’s Re-affirmation of Res Judicata and the Limits of Civil-Rights Liability for Private Attorneys Introduction Thomas I. Gage, a pro se litigant and...
Sentence-Reduction Denials Under § 3582(c)(2) Are Not “Upward Variances”: Commentary on United States v. Julio Suarez (3d Cir. 2025)

Sentence-Reduction Denials Under § 3582(c)(2) Are Not “Upward Variances”: Commentary on United States v. Julio Suarez (3d Cir. 2025)

Date: Jul 30, 2025
Sentence-Reduction Denials Under § 3582(c)(2) Are Not “Upward Variances” A Comprehensive Commentary on United States v. Julio Suarez, 69 F.4th ___ (3d Cir. 2025) 1. Introduction In United States v....
“Personhood Without Piety” – The Third Circuit Affirms RFRA and Free-Exercise Protection for Non-Religious Entities in United States v. Safehouse

“Personhood Without Piety” – The Third Circuit Affirms RFRA and Free-Exercise Protection for Non-Religious Entities in United States v. Safehouse

Date: Jul 30, 2025
“Personhood Without Piety” – The Third Circuit Affirms RFRA and Free-Exercise Protection for Non-Religious Entities in United States v. Safehouse Introduction United States v. Safehouse, No. 24-2027...
Post-Denial Medical Developments and the “Continuum of Reasonableness” Test under ERISA: A Commentary on Black v. Unum Life Insurance Co.

Post-Denial Medical Developments and the “Continuum of Reasonableness” Test under ERISA: A Commentary on Black v. Unum Life Insurance Co.

Date: Jul 30, 2025
Post-Denial Medical Developments and the “Continuum of Reasonableness” Test under ERISA: A Detailed Commentary on Black v. Unum Life Insurance Company (5th Cir. 2025) 1. Introduction This commentary...
“Actual Knowledge” as the Linchpin of Calder-Effects Personal Jurisdiction: A Detailed Commentary on Boyd v. Cleara, L.L.C. (5th Cir. 2025)

“Actual Knowledge” as the Linchpin of Calder-Effects Personal Jurisdiction: A Detailed Commentary on Boyd v. Cleara, L.L.C. (5th Cir. 2025)

Date: Jul 30, 2025
“Actual Knowledge” as the Linchpin of Calder-Effects Personal Jurisdiction: A Detailed Commentary on Boyd v. Cleara, L.L.C. (5th Cir. 2025) Introduction Boyd v. Cleara, L.L.C., No. 24-10609, decided...
United States v. Bennett – Federal Eminent-Domain Supremacy over State Trespass-Fixture Claims

United States v. Bennett – Federal Eminent-Domain Supremacy over State Trespass-Fixture Claims

Date: Jul 30, 2025
Federal Eminent-Domain Supremacy over State Trespass-Fixture Claims: A Commentary on United States v. Bennett (5th Cir. 2025) Introduction United States v. Bennett squarely addresses whether a...
Vacated Procedural Dismissals & Damages-Only Suits: Seventh Circuit Clarifies “Law-of-the-Case” and Rooker-Feldman in Williams v. City of Aurora

Vacated Procedural Dismissals & Damages-Only Suits: Seventh Circuit Clarifies “Law-of-the-Case” and Rooker-Feldman in Williams v. City of Aurora

Date: Jul 30, 2025
Vacated Procedural Dismissals & Damages-Only Suits: Seventh Circuit Clarifies “Law-of-the-Case” and Rooker-Feldman in Williams v. City of Aurora Introduction In Andy Williams, Jr. v. City of Aurora,...
Schroeder v. Progressive: Seventh Circuit Rejects a Stand-Alone “Methodological Duty” in Actual-Cash-Value Calculations and Re-affirms Individualized Proof Requirement for Class Certification

Schroeder v. Progressive: Seventh Circuit Rejects a Stand-Alone “Methodological Duty” in Actual-Cash-Value Calculations and Re-affirms Individualized Proof Requirement for Class Certification

Date: Jul 30, 2025
Schroeder v. Progressive: Seventh Circuit Rejects a Stand-Alone “Methodological Duty” in Actual-Cash-Value Calculations and Re-affirms Individualized Proof Requirement for Class Certification 1....
“Prescription Alone Is Not Enough” – Howard v. Meli and the Knowledge Requirement for Deliberate-Indifference Claims

“Prescription Alone Is Not Enough” – Howard v. Meli and the Knowledge Requirement for Deliberate-Indifference Claims

Date: Jul 30, 2025
“Prescription Alone Is Not Enough” – Howard v. Meli and the Knowledge Requirement for Deliberate-Indifference Claims 1. Introduction In Joshua Howard v. Anthony Meli, No. 24-3162 (7th Cir. July 24,...
United States v. Sanders: Fourth Circuit Re-Affirms Deference to § 2B1.1 “Sophisticated Means” Commentary and Validates the “Secretive or Irregular Transaction” Intent Instruction

United States v. Sanders: Fourth Circuit Re-Affirms Deference to § 2B1.1 “Sophisticated Means” Commentary and Validates the “Secretive or Irregular Transaction” Intent Instruction

Date: Jul 30, 2025
United States v. Sanders: Fourth Circuit Re-Affirms Deference to § 2B1.1 “Sophisticated Means” Commentary and Validates the “Secretive or Irregular Transaction” Intent Instruction Introduction In...
Gustave v. State — Clarifying Jury Access to a Defendant’s Recorded Admissions and the Threshold for Mistrial/New-Trial Relief after Exhibit Errors

Gustave v. State — Clarifying Jury Access to a Defendant’s Recorded Admissions and the Threshold for Mistrial/New-Trial Relief after Exhibit Errors

Date: Jul 30, 2025
Gustave v. State — Clarifying Jury Access to a Defendant’s Recorded Admissions and the Threshold for Mistrial/New-Trial Relief after Exhibit Errors Introduction Gustave v. State, No. 382, 2024 (Del....
Clarifying Rational-Basis Review in Oregon Tax Classifications:  Delta Air Lines, Inc. v. Department of Revenue (374 Or 58)

Clarifying Rational-Basis Review in Oregon Tax Classifications: Delta Air Lines, Inc. v. Department of Revenue (374 Or 58)

Date: Jul 29, 2025
Clarifying Rational-Basis Review in Oregon Tax Classifications: Delta Air Lines, Inc. v. Department of Revenue (374 Or 58 - 2025) 1. Introduction Case Background. For decades, Oregon has taxed the...
Ryan v. Sea Colony: Pleading-Stage Burden to Prove Agency When Enforcing Liability Waivers

Ryan v. Sea Colony: Pleading-Stage Burden to Prove Agency When Enforcing Liability Waivers

Date: Jul 29, 2025
Ryan v. Sea Colony (Del. 2025): Delaware Supreme Court Clarifies that Defendants Must Plead—and Ultimately Prove—Agency Before Invoking Third-Party Liability Waivers Introduction Colleen Ryan, a...
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