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United States v. Franco-Constante: Appellate Confirmation of Broad District Court Discretion to Withhold § 5K1.1 Departures in Retroactive Amendment 821 Proceedings Introduction The Eleventh...
“The Stipulated-Facts Exception”: Sixth Circuit Permits Interlocutory Review Yet Affirms Denial of Qualified Immunity in Sterusky v. Cooper 1. Introduction Christopher Scott Sterusky v. Detrick...
Segmented Application of King Factors to Post-Remand Fee Requests under ERISA — Commentary on Keith W. Canter v. Blue Cross Blue Shield of Massachusetts, Inc. (6th Cir. 2025) 1. Introduction In Keith...
Clarifying the Burden of Proof and Loss Allocation under UCC §3-404(4) Commentary on Schultz Excavating & Asphalt of Ludington, LLC v. Smyrna Ready Mix Concrete, LLC, 6th Cir., 25-1038 (2025) 1....
United States v. Cabrera & Pacheco (6th Cir. 2025): Clarifying the “Business of Laundering” Enhancement and Safe-Harbor Parameters for Supplemental Jury Instructions Introduction In July 2025 the...
United States v. McCallum: Sixth Circuit Endorses Expansive Caregiver & Pattern-of-Activity Enhancements Under §§ 2G2.1(b)(5) and 4B1.5(b)(1) Introduction In United States v. Jeremy David McCallum,...
United States v. White: The Sixth Circuit’s No-Remand Clarification and the Burden of Proving Non-Dangerousness in § 922(g)(1) Challenges Introduction United States v. Marlon Darrell White, decided...
“First-Hand, Not Hearsay” – Sixth Circuit Clarifies the Personal-Knowledge Gateway to Lay Testimony Introduction United States v. Rollie Deshawn Lamar, No. 24-5841 (6th Cir. July 23, 2025) presented...
“Doing Business” in Dirty Money: The Sixth Circuit’s Clarification of the § 2S1.1(b)(2)(C) Enhancement and Loss-Attribution Rules in United States v. Pacheco & Cabrera Introduction The consolidated...
“Transcript-Reference Adequacy” – The Sixth Circuit Clarifies Rule 16 Expert-Disclosure Obligations in United States v. Thomas Romano Introduction The opioid epidemic continues to generate litigation...
“Promises that Induce are Different from Promises to Perform” – The Tenth Circuit Clarifies Colorado’s Independent-Duty Exception to the Economic-Loss Rule in City of Fort Collins v. Open...
Eleventh Circuit Bars Unjust-Enrichment Claims Where Disability Policy Governs: MONY Life Insurance Co. v. Perez (2025) Introduction This appeal from the United States Court of Appeals for the...
No Private § 1983 Right of Action for Area Agencies Under the Older Americans Act: A Commentary on Northwestern Illinois Area Agency on Aging v. Paula Basta, 7th Cir. (2025) Introduction The Seventh...
“Targeted Legislative Ratification” – The New Jersey Supreme Court’s New Test for Attorney-General Supersession of Municipal Police Departments Introduction In Mirza M. Bulur v. New Jersey Office of...
“No Advisement, No Waiver” – The Indiana Supreme Court’s Mandatory Advisement Rule in D.W. v. State (2025) Introduction The Indiana Supreme Court’s decision in D.W. v. State, 25S-JV-190 (July 23...
“Specificity Over Abstraction” – The Third Circuit’s Clarification of Clearly-Established Law in Qualified-Immunity Cases (Adam Urda v. Jeffrey Sokso, 68 F.4th ___, 3d Cir. 2025) 1. Introduction Adam...
“Substance-over-Form” Direct Regulation: The Third Circuit’s New Functional Test for Intergovernmental Immunity in CoreCivic Inc. v. Governor of New Jersey 1. Introduction The United States Court of...
Patel v. Attorney General: Re-affirming the “Severe Harm + Relocation” Threshold in Political-Opinion Asylum Claims Introduction Diptiben Dipakkumar Patel, her husband, and their minor son petitioned...
Continuous-Diligence Doctrine for Equitable Tolling in Immigration Appeals Commentary on Rene Hernandez-Garcia v. Attorney General, United States (3d Cir., 22 July 2025) 1. Introduction The Third...
United States v. Joseph Cammarata (3d Cir. 2025) – Commentary Introduction This Third Circuit decision grows out of a spectacular fraud perpetrated against hundreds of securities-class-action...