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

Gross Receipts Plus Silence: Tenth Circuit Adopts Tax-Style Burden of Production for Expenses in SSA Disability-Fraud and Expands Loss to Foreseeable Dependent and Post-Period Benefits

Date: Oct 2, 2025

Gross Receipts Plus Silence: Tenth Circuit Adopts Tax-Style Burden of Production for Expenses in SSA Disability-Fraud and Expands Loss to Foreseeable Dependent and Post-Period Benefits Introduction...

United States v. Sisney (10th Cir. 2025): Strict Enforcement of Plain-Error Briefing for Unpreserved Challenges to Supervised-Release Conditions

Date: Oct 2, 2025

United States v. Sisney (10th Cir. 2025): Strict Enforcement of Plain-Error Briefing for Unpreserved Challenges to Supervised-Release Conditions Introduction This commentary analyzes the Tenth...

Post-Rahimi Reaffirmation in the Tenth Circuit: § 922(g)(1) Remains Valid Against Nonviolent Felons; Sua Sponte Rulings Preserve Issues for Appeal

Date: Oct 2, 2025

Post-Rahimi Reaffirmation in the Tenth Circuit: § 922(g)(1) Remains Valid Against Nonviolent Felons; Sua Sponte Rulings Preserve Issues for Appeal Introduction In this consolidated order and...

Tenth Circuit Adopts a Case-Specific Reading of 18 U.S.C. § 3283: Extended Limitations for Child Sexual Abuse Apply Without the Categorical Approach

Date: Oct 2, 2025

Tenth Circuit Adopts a Case-Specific Reading of 18 U.S.C. § 3283: Extended Limitations for Child Sexual Abuse Apply Without the Categorical Approach Introduction In United States v. Tso, the Tenth...

Investigating Grand Jury Presentments Create Prima Facie Probable Cause in § 1983 False Arrest and Malicious Prosecution Claims—Omission of Exculpatory Evidence Does Not Rebut the Presumption

Date: Oct 1, 2025

Investigating Grand Jury Presentments Create Prima Facie Probable Cause in § 1983 False Arrest and Malicious Prosecution Claims—Omission of Exculpatory Evidence Does Not Rebut the Presumption Case:...

Occasion Means More Than Time Stamps: Third Circuit Vacates §4B1.5(b) Pattern Enhancement and Remands to Assess Whether a Prior Assault Was a Separate Occasion

Date: Oct 1, 2025

Occasion Means More Than Time Stamps: Third Circuit Vacates §4B1.5(b) Pattern Enhancement and Remands to Assess Whether a Prior Assault Was a Separate Occasion Case: United States v. Jeffrey Colin...

Hybrid Restitution Under the MVRA: Third Circuit Endorses Flexible Crediting and Rejects Blanket “Sheets” Rule in United States v. Shvets

Date: Oct 1, 2025

Hybrid Restitution Under the MVRA: Third Circuit Endorses Flexible Crediting and Rejects Blanket “Sheets” Rule in United States v. Shvets Introduction In United States v. Natalya Shvets, the Third...

Explicit Warnings Suffice as “Lesser Sanctions”: Fifth Circuit Affirms Rule 41(b) Dismissal for Repeated Defiance of Deposition Orders in Lee v. Southwest Airlines

Date: Oct 1, 2025

Explicit Warnings Suffice as “Lesser Sanctions”: Fifth Circuit Affirms Rule 41(b) Dismissal for Repeated Defiance of Deposition Orders in Lee v. Southwest Airlines Introduction This commentary...

No Clearly Established Due Process Right in Inmate Craft‑Sale Proceeds: Fifth Circuit Grants Qualified Immunity in Savage v. Westcott

Date: Oct 1, 2025

No Clearly Established Due Process Right in Inmate Craft‑Sale Proceeds: Fifth Circuit Grants Qualified Immunity in Savage v. Westcott Introduction In Savage v. Westcott, the United States Court of...

Tenth Circuit Clarifies that Broad Habitability Exclusions Defeat the Duty to Defend Even When Claims Are Pleaded as Negligence

Date: Oct 1, 2025

Tenth Circuit Clarifies that Broad Habitability Exclusions Defeat the Duty to Defend Even When Claims Are Pleaded as Negligence Case: Atain Specialty Insurance Company v. Eagle's Pointe, LLC, No....

Time-of-Decision Controls Qualifying-Child Status Under § 1229b(b)(1)(D); Post-Loper Bright, No Agency Deference; BIA’s Waiver Determinations Constrained by 8 C.F.R. § 1003.3(b)

Date: Oct 1, 2025

Time-of-Decision Controls Qualifying-Child Status Under § 1229b(b)(1)(D); Post-Loper Bright, No Agency Deference; BIA’s Waiver Determinations Constrained by 8 C.F.R. § 1003.3(b) Introduction In...

Failure to Attend Successor Onboarding Is Not an Adverse Action by the Outgoing Employer: The Tenth Circuit’s ADA Baseline in Swepson v. Aimbridge

Date: Oct 1, 2025

Failure to Attend Successor Onboarding Is Not an Adverse Action by the Outgoing Employer: The Tenth Circuit’s ADA Baseline in Swepson v. Aimbridge Introduction In Swepson v. Aimbridge Employee...

Tenth Circuit Confirms Materiality of Form 4473 Indictment Question: § 922(a)(6) Convictions Stand Because § 922(n) Is Facially Constitutional (United States v. Peavler)

Date: Oct 1, 2025

Tenth Circuit Confirms Materiality of Form 4473 Indictment Question: § 922(a)(6) Convictions Stand Because § 922(n) Is Facially Constitutional (United States v. Peavler) Note: This Order and Judgment...

No Right to Nullify Materiality: Tenth Circuit Holds False Denial of Felony Indictment on Form 4473 Is Actionable Because § 922(n) Is Facially Valid

Date: Oct 1, 2025

No Right to Nullify Materiality: Tenth Circuit Holds False Denial of Felony Indictment on Form 4473 Is Actionable Because § 922(n) Is Facially Valid Introduction In United States v. Reilly...

Corporate Venue Statute Applies to LLCs: Alabama Supreme Court Overrules WMS and Aligns LLC Venue with § 6-3-7

Date: Sep 30, 2025

Corporate Venue Statute Applies to LLCs: Alabama Supreme Court Overrules WMS and Aligns LLC Venue with § 6-3-7 Introduction In Ex parte Phillip H. Rivers, Steven Nobles, Todd Martin, Stan Roberts,...

Ex parte Thompson: Post-Deposition Inaction Defeats Relation Back — Due Diligence Requires Timely Discovery and Prompt Substitution Under Rule 9(h)

Date: Sep 30, 2025

Ex parte Thompson: Post-Deposition Inaction Defeats Relation Back — Due Diligence Requires Timely Discovery and Prompt Substitution Under Rule 9(h) Introduction In Ex parte Grisby Jacob Thompson, the...

When a Continuance Extends Rule 59.1: Alabama Supreme Court Requires Continuance Motions and Orders to Appear in the Appellate Record

Date: Sep 30, 2025

When a Continuance Extends Rule 59.1: Alabama Supreme Court Requires Continuance Motions and Orders to Appear in the Appellate Record Introduction In Teresa Williams and Barney’s Childcare and...

No Preservation Bar to “Failure to Charge an Offense” in De Novo Municipal Appeals; Rule 13.2 Supplants Pre‑Rules Ordinance‑Averment Requirements

Date: Sep 30, 2025

No Preservation Bar to “Failure to Charge an Offense” in De Novo Municipal Appeals; Rule 13.2 Supplants Pre‑Rules Ordinance‑Averment Requirements Case: Ex parte John Sandifer; Ex parte Curtis Tanner;...

When Parties Waive Appeals, Even Erroneous Sealing Orders Stand: Third Circuit Holds Indefinite Post‑Judgment Sealing Orders Are Final Collateral Orders but Unreviewable by a Waiving Party

Date: Sep 28, 2025

When Parties Waive Appeals, Even Erroneous Sealing Orders Stand: The Third Circuit Confirms Indefinite Post‑Judgment Sealing Orders Are Final Collateral Orders but Unreviewable by a Waiving Party...

Reaffirming Sovereign and Judicial Immunity and Plausibility Pleading in Domestic‑Relations–Adjunct RICO/§ 1983 Suits: Fake v. Commonwealth of Pennsylvania (3d Cir. 2025)

Date: Sep 28, 2025

Reaffirming Sovereign and Judicial Immunity and Plausibility Pleading in Domestic‑Relations–Adjunct RICO/§ 1983 Suits: Fake v. Commonwealth of Pennsylvania (3d Cir. 2025) Note: This Third Circuit...

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