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

Singh v. Bondi: The Seventh Circuit Re-affirms Strict, Tripartite Lozada Compliance for Ineffective-Assistance Motions in Immigration Proceedings

Singh v. Bondi: The Seventh Circuit Re-affirms Strict, Tripartite Lozada Compliance for Ineffective-Assistance Motions in Immigration Proceedings

Date: Jul 22, 2025
Singh v. Bondi: The Seventh Circuit Re-affirms Strict, Tripartite Lozada Compliance for Ineffective-Assistance Motions in Immigration Proceedings 1. Introduction Tarlochan Singh—a Sikh political...
Beyond Derivatives: Seventh Circuit Holds Recoupment in Predatory Pricing Must Arise from Monopoly Prices, Not Financial Hedging

Beyond Derivatives: Seventh Circuit Holds Recoupment in Predatory Pricing Must Arise from Monopoly Prices, Not Financial Hedging

Date: Jul 22, 2025
Beyond Derivatives: Seventh Circuit Holds Recoupment in Predatory Pricing Must Arise from Monopoly Prices, Not Financial Hedging Introduction United Wisconsin Grain Producers LLC, together with six...
Reconciling Bowen, Great-West, and California:  American Public Health Association v. NIH Establishes District-Court Jurisdiction to Vacate Federal Grant Terminations Under the APA

Reconciling Bowen, Great-West, and California: American Public Health Association v. NIH Establishes District-Court Jurisdiction to Vacate Federal Grant Terminations Under the APA

Date: Jul 22, 2025
Reconciling Bowen, Great-West, and California: American Public Health Association v. NIH Establishes District-Court Jurisdiction to Vacate Federal Grant Terminations Under the APA 1. Introduction In...
The “Kennedy Jurisdiction Doctrine”: First Circuit Confirms APA Authority to Vacate NIH Grant Terminations Despite Tucker Act Concerns

The “Kennedy Jurisdiction Doctrine”: First Circuit Confirms APA Authority to Vacate NIH Grant Terminations Despite Tucker Act Concerns

Date: Jul 22, 2025
The “Kennedy Jurisdiction Doctrine”: First Circuit Confirms APA Authority to Vacate NIH Grant Terminations Despite Tucker Act Concerns Introduction In Commonwealth of Massachusetts v. Kennedy, Nos....
“Unequivocal Certainty” in Removal Proceedings: The First Circuit Elevates the Government’s Burden for Proving Alienage in Inadmissibility Cases

“Unequivocal Certainty” in Removal Proceedings: The First Circuit Elevates the Government’s Burden for Proving Alienage in Inadmissibility Cases

Date: Jul 22, 2025
“Unequivocal Certainty” in Removal Proceedings: The First Circuit Elevates the Government’s Burden for Proving Alienage in Inadmissibility Cases 1. Introduction Da Silva Borges v. Bondi, No. 24-1695...
Associational Standing Re-Drawn: Fourth Circuit Allows Trade Associations to Allege Facial ICCTA Pre-emption but Bars Blanket Takings Claims

Associational Standing Re-Drawn: Fourth Circuit Allows Trade Associations to Allege Facial ICCTA Pre-emption but Bars Blanket Takings Claims

Date: Jul 22, 2025
Associational Standing Re-Drawn: Fourth Circuit Allows Trade Associations to Allege Facial ICCTA Pre-emption but Bars Blanket Takings Claims 1. Introduction In Association of American Railroads v....
“Supportability & Consistency Reign Supreme” – The Fourth Circuit’s Definitive Guidepost for Evaluating Mental-Health Evidence after the 2017 SSA Rule (Dawn Drumgold v. Commissioner of Social Security)

“Supportability & Consistency Reign Supreme” – The Fourth Circuit’s Definitive Guidepost for Evaluating Mental-Health Evidence after the 2017 SSA Rule (Dawn Drumgold v. Commissioner of Social Security)

Date: Jul 22, 2025
“Supportability & Consistency Reign Supreme” The Fourth Circuit’s Definitive Guidepost for Evaluating Mental-Health Evidence after the 2017 SSA Rule 1. Introduction Dawn M. Drumgold, a former Social...
“First Determine the Chapter”: The Fourth Circuit’s New Directive on Choosing Among FAA Chapters in Employers' Innovative Network, LLC v. Bridgeport Benefits, Inc.

“First Determine the Chapter”: The Fourth Circuit’s New Directive on Choosing Among FAA Chapters in Employers' Innovative Network, LLC v. Bridgeport Benefits, Inc.

Date: Jul 22, 2025
“First Determine the Chapter”: The Fourth Circuit’s New Directive on Choosing Among FAA Chapters in Employers' Innovative Network, LLC v. Bridgeport Benefits, Inc. Introduction Employers’ Innovative...
United States v. Clark: The Third Circuit’s Recognition of “Odor-Masking Conduct” as a Stand-Alone Factor Creating Reasonable Suspicion

United States v. Clark: The Third Circuit’s Recognition of “Odor-Masking Conduct” as a Stand-Alone Factor Creating Reasonable Suspicion

Date: Jul 22, 2025
United States v. Clark: The Third Circuit’s Recognition of “Odor-Masking Conduct” as a Stand-Alone Factor Creating Reasonable Suspicion Introduction In United States v. Loren Clark, Jr., No. 24-1892...

    United States v. Guyton: The Third Circuit Adopts Plain-Error Review
    for Unpreserved § 851(b) Omissions and Expands the Definition of
    “Term of Imprisonment” under 21 U.S.C. § 802(58)

United States v. Guyton: The Third Circuit Adopts Plain-Error Review for Unpreserved § 851(b) Omissions and Expands the Definition of “Term of Imprisonment” under 21 U.S.C. § 802(58)

Date: Jul 22, 2025
United States v. Guyton: The Third Circuit Adopts Plain-Error Review for Unpreserved § 851(b) Omissions and Expands the Meaning of “Term of Imprisonment” for Serious-Drug-Felony Enhancements...
“Not the Proper Stuff of a Federal Harassment Claim”: The Fifth Circuit Re-draws the Severity Line for Student-on-Student Title IX Claims in M.K. v. Pearl River County School District

“Not the Proper Stuff of a Federal Harassment Claim”: The Fifth Circuit Re-draws the Severity Line for Student-on-Student Title IX Claims in M.K. v. Pearl River County School District

Date: Jul 22, 2025
“Not the Proper Stuff of a Federal Harassment Claim”: The Fifth Circuit Re-draws the Severity Line for Student-on-Student Title IX Claims in M.K. v. Pearl River County School District 1. Introduction...
Fifth Circuit Clarifies that Louisiana Synthetic-Cannabinoid Convictions Are Not Automatically “Controlled Substance Offenses” for Career-Offender Purposes

Fifth Circuit Clarifies that Louisiana Synthetic-Cannabinoid Convictions Are Not Automatically “Controlled Substance Offenses” for Career-Offender Purposes

Date: Jul 22, 2025
Fifth Circuit Clarifies that Louisiana Synthetic-Cannabinoid Convictions Are Not Automatically “Controlled Substance Offenses” for Career-Offender Purposes Introduction In United States v. Edmond,...
“Holistic Comparator Analysis in Workforce Reductions” – A Commentary on Dawn Hayes v. Clariant Plastics & Coatings USA, Inc.

“Holistic Comparator Analysis in Workforce Reductions” – A Commentary on Dawn Hayes v. Clariant Plastics & Coatings USA, Inc.

Date: Jul 22, 2025
“Holistic Comparator Analysis in Workforce Reductions” Commentary on Dawn Hayes v. Clariant Plastics & Coatings USA, Inc. I. Introduction In Hayes v. Clariant, the Sixth Circuit revisits the...
Arbitrator Findings & Post-Reinstatement Delay as Evidence of Pretext and Retaliation: A Commentary on Jeff Smith v. City of Union, Ohio (6th Cir. 2025)

Arbitrator Findings & Post-Reinstatement Delay as Evidence of Pretext and Retaliation: A Commentary on Jeff Smith v. City of Union, Ohio (6th Cir. 2025)

Date: Jul 22, 2025
Arbitrator Findings & Post-Reinstatement Delay as Evidence of Pretext and Retaliation Commentary on Jeff Smith v. City of Union, Ohio, 89 F.4th ___ (6th Cir. 2025) Introduction In Jeff Smith v. City...
Private-University Police as State Actors: A Commentary on Warman v. Mount St. Joseph University (6th Cir. 2025)

Private-University Police as State Actors: A Commentary on Warman v. Mount St. Joseph University (6th Cir. 2025)

Date: Jul 22, 2025
Private-University Police as State Actors: A Commentary on Warman v. Mount St. Joseph University (6th Cir. 2025) 1. Introduction In Matthew Warman v. Mount St. Joseph University, the United States...
The “Endless-Cycle” Doctrine Reaffirmed: United States v. Frederick and the Scope of § 3583 Revocation Authority

The “Endless-Cycle” Doctrine Reaffirmed: United States v. Frederick and the Scope of § 3583 Revocation Authority

Date: Jul 22, 2025
The “Endless-Cycle” Doctrine Reaffirmed: United States v. Frederick and the Scope of § 3583 Revocation Authority Introduction In United States v. Frederick, No. 24-5099 (10th Cir. July 18, 2025), the...
Clarifying Warrant-Exception Boundaries During Police “Wellness Checks” – A Commentary on Alicea v. City of Bridgeport

Clarifying Warrant-Exception Boundaries During Police “Wellness Checks” – A Commentary on Alicea v. City of Bridgeport

Date: Jul 22, 2025
Clarifying Warrant-Exception Boundaries During Police “Wellness Checks” – A Commentary on Alicea v. City of Bridgeport 1. Introduction Jurisdiction & Panel: Second Circuit Court of Appeals (Judges...
Perpetuating Diversity Jurisdiction after Partial Dismissal: The Second Circuit’s Clarification in Banga v. Lustig (2025)

Perpetuating Diversity Jurisdiction after Partial Dismissal: The Second Circuit’s Clarification in Banga v. Lustig (2025)

Date: Jul 22, 2025
Perpetuating Diversity Jurisdiction after Partial Dismissal: The Second Circuit’s Clarification in Banga v. Lustig (2025) Introduction Banga v. Lustig, 24-140-cv, is a Second Circuit summary order...
Clarifying Section 29(b) Rescission: Convertible Notes Not Voidable Absent Contractual Broker-Dealer Obligations – Commentary on EMA Financial, LLC v. Vystar Corp. (2d Cir. 2025)

Clarifying Section 29(b) Rescission: Convertible Notes Not Voidable Absent Contractual Broker-Dealer Obligations – Commentary on EMA Financial, LLC v. Vystar Corp. (2d Cir. 2025)

Date: Jul 22, 2025
Clarifying Section 29(b) Rescission: Convertible Notes Not Voidable Absent Contractual Broker-Dealer Obligations – Commentary on EMA Financial, LLC v. Vystar Corp. (2d Cir. 2025) Introduction The...
Gluck v. Hecla Mining Co.: The Second Circuit’s Reinforcement of Strict PSLRA Pleading—Puffery, Scienter, and Safe-Harbor in Securities Fraud

Gluck v. Hecla Mining Co.: The Second Circuit’s Reinforcement of Strict PSLRA Pleading—Puffery, Scienter, and Safe-Harbor in Securities Fraud

Date: Jul 22, 2025
Gluck v. Hecla Mining Co.: The Second Circuit’s Reinforcement of Strict PSLRA Pleading—Puffery, Scienter, and Safe-Harbor in Securities Fraud Introduction In Gluck v. Hecla Mining Co. (24-2947-cv),...
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