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restricting-general-jurisdiction:-second-circuit& Case Commentaries

United States v. Bevers: Fifth Circuit Reinforces the Need for Express Paroline-Based Findings When Awarding Multi-Victim Restitution

United States v. Bevers: Fifth Circuit Reinforces the Need for Express Paroline-Based Findings When Awarding Multi-Victim Restitution

Date: Aug 13, 2025
United States v. Bevers: Fifth Circuit Reinforces the Need for Express Paroline-Based Findings When Awarding Multi-Victim Restitution Introduction United States v. Bevers (5th Cir. Aug. 6, 2025)...
United States v. Morgan: Fifth Circuit Confirms the “Going-Armed” Historical Analogue and Admits Predicate-Offense Facts in As-Applied Second-Amendment Challenges

United States v. Morgan: Fifth Circuit Confirms the “Going-Armed” Historical Analogue and Admits Predicate-Offense Facts in As-Applied Second-Amendment Challenges

Date: Aug 13, 2025
United States v. Morgan: Fifth Circuit Confirms the “Going-Armed” Historical Analogue and Admits Predicate-Offense Facts in As-Applied Second-Amendment Challenges 1. Introduction United States v....
United States v. Quezada-Atayde: Fifth Circuit Clarifies that Oral Adoption of the PSR Satisfies the Pronouncement Requirement for Special Supervised-Release Conditions

United States v. Quezada-Atayde: Fifth Circuit Clarifies that Oral Adoption of the PSR Satisfies the Pronouncement Requirement for Special Supervised-Release Conditions

Date: Aug 13, 2025
United States v. Quezada-Atayde: Fifth Circuit Clarifies that Oral Adoption of the PSR Satisfies the Pronouncement Requirement for Special Supervised-Release Conditions Introduction United States v....
Collateral Review Waivers Survive Post-Taylor Challenges – An Analysis of United States v. Smith (5th Cir. 2025)

Collateral Review Waivers Survive Post-Taylor Challenges – An Analysis of United States v. Smith (5th Cir. 2025)

Date: Aug 13, 2025
Collateral Review Waivers Survive Post-Taylor Challenges – United States v. Smith, No. 23-50619 (5th Cir. Aug. 6, 2025) 1. Introduction The Fifth Circuit’s unpublished per curiam decision in United...
Pleading Into Exemption: The Fifth Circuit Clarifies That Non-Payment Does Not Defeat the FLSA Highly-Compensated Employee Exemption

Pleading Into Exemption: The Fifth Circuit Clarifies That Non-Payment Does Not Defeat the FLSA Highly-Compensated Employee Exemption

Date: Aug 13, 2025
Pleading Into Exemption: The Fifth Circuit Clarifies That Non-Payment Does Not Defeat the FLSA Highly-Compensated Employee Exemption Introduction In Wells v. Lottery.com, No. 25-50037 (5th Cir. Aug....
Refusal Plus Alcohol Indicators Equals Probable Cause – Commentary on Wood v. Bexar County (5th Cir. 2025)

Refusal Plus Alcohol Indicators Equals Probable Cause – Commentary on Wood v. Bexar County (5th Cir. 2025)

Date: Aug 13, 2025
Refusal Plus Alcohol Indicators Equals Probable Cause – Fifth Circuit Clarifies DWI Arrest Standard in Wood v. Bexar County 1. Introduction The United States Court of Appeals for the Fifth Circuit...
Wood v. Patton and the “Illusory-Right” Argument: Statistical Denial Rates Alone Cannot Establish a Due-Process Violation in Post-Conviction DNA Statutes

Wood v. Patton and the “Illusory-Right” Argument: Statistical Denial Rates Alone Cannot Establish a Due-Process Violation in Post-Conviction DNA Statutes

Date: Aug 13, 2025
Wood v. Patton and the “Illusory-Right” Argument: Statistical Denial Rates Alone Cannot Establish a Due-Process Violation in Post-Conviction DNA Statutes Introduction Wood v. Patton, No. 25-70004...
“Fair-Chance” Actuarial Estimates: The Sixth Circuit’s 50/50 Rule for ERISA Withdrawal Liability — Ace-Saginaw Paving Co. v. Operating Engineers Local 324 Pension Fund

“Fair-Chance” Actuarial Estimates: The Sixth Circuit’s 50/50 Rule for ERISA Withdrawal Liability — Ace-Saginaw Paving Co. v. Operating Engineers Local 324 Pension Fund

Date: Aug 13, 2025
“Fair-Chance” Actuarial Estimates: The Sixth Circuit’s 50/50 Rule for ERISA Withdrawal Liability — Ace-Saginaw Paving Co. v. Operating Engineers Local 324 Pension Fund Introduction Ace-Saginaw Paving...
“The 50/50 Best-Estimate Rule”: Commentary on Ace-Saginaw Paving Co. v. Operating Engineers Local 324 Pension Fund

“The 50/50 Best-Estimate Rule”: Commentary on Ace-Saginaw Paving Co. v. Operating Engineers Local 324 Pension Fund

Date: Aug 13, 2025
“The 50/50 Best-Estimate Rule” under ERISA § 1393: A Comprehensive Commentary on Ace-Saginaw Paving Co. v. Operating Engineers Local 324 Pension Fund, 25 F.4th 1288 (6th Cir. 2025) Introduction...
No Associational Standing Without a Direct Nexus: Sixth Circuit Bars Forum-Shopping by Regional Trade Associations

No Associational Standing Without a Direct Nexus: Sixth Circuit Bars Forum-Shopping by Regional Trade Associations

Date: Aug 13, 2025
No Associational Standing Without a Direct Nexus: Sixth Circuit Bars Forum-Shopping by Regional Trade Associations Introduction In Dayton Area Chamber of Commerce v. Robert F. Kennedy, Jr., No....
“Direct-Government-Notice” Rule for Pleading Manufacturer Knowledge – A Commentary on Jodi Tapply v. Whirlpool Corp., 25a0212p.06 (6th Cir. 2025)

“Direct-Government-Notice” Rule for Pleading Manufacturer Knowledge – A Commentary on Jodi Tapply v. Whirlpool Corp., 25a0212p.06 (6th Cir. 2025)

Date: Aug 13, 2025
“Direct-Government-Notice” Rule for Pleading Manufacturer Knowledge Commentary on Jodi Tapply v. Whirlpool Corp., Sixth Circuit, No. 23-1666 (Aug. 6 2025) 1. Introduction In Jodi Tapply v. Whirlpool...
Limiting Retributive Considerations in Supervised-Release Revocations: United States v. Hoyle (6th Cir. 2025)

Limiting Retributive Considerations in Supervised-Release Revocations: United States v. Hoyle (6th Cir. 2025)

Date: Aug 13, 2025
Limiting Retributive Considerations in Supervised-Release Revocations: United States v. Hoyle (6th Cir. 2025) 1. Introduction On 6 August 2025, the United States Court of Appeals for the Sixth...
United States v. Hoyle: Post-Esteras Prohibition on § 3553(a)(2)(A) Factors in Supervised-Release Revocation Sentences

United States v. Hoyle: Post-Esteras Prohibition on § 3553(a)(2)(A) Factors in Supervised-Release Revocation Sentences

Date: Aug 13, 2025
United States v. Hoyle: Post-Esteras Prohibition on § 3553(a)(2)(A) Factors in Supervised-Release Revocation Sentences 1. Introduction United States v. Malcolm L. Hoyle, Nos. 23-3977/3978 (6th Cir....
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....
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