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

Brown v. Commissioner: Clarifying Claimant’s Burden to Establish Non-SGA Past Work at Step Four

Brown v. Commissioner: Clarifying Claimant’s Burden to Establish Non-SGA Past Work at Step Four

Date: Jun 20, 2025
Brown v. Commissioner: Clarifying Claimant’s Burden to Establish Non-SGA Past Work at Step Four Introduction In Brown v. Commissioner, Social Security Administration, No. 24-11068 (5th Cir. 2025),...
No Credible Threat, No Standing: Fifth Circuit Clarifies Employer Standing in Pre-Enforcement Challenges to NLRB Guidance

No Credible Threat, No Standing: Fifth Circuit Clarifies Employer Standing in Pre-Enforcement Challenges to NLRB Guidance

Date: Jun 20, 2025
No Credible Threat, No Standing: Fifth Circuit Clarifies Employer Standing in Pre-Enforcement Challenges to NLRB Guidance Introduction Burnett Specialists v. Cowen concerns five Texas-based staffing...
“Smith v. General Motors”: Fifth Circuit Re-Affirms Strict Timeliness, Exhaustion, and Limited Continuing-Violation Doctrine under the ADA

“Smith v. General Motors”: Fifth Circuit Re-Affirms Strict Timeliness, Exhaustion, and Limited Continuing-Violation Doctrine under the ADA

Date: Jun 20, 2025
“Smith v. General Motors”: Fifth Circuit Re-Affirms Strict Timeliness, Exhaustion, and Limited Continuing-Violation Doctrine under the ADA Introduction In Smith v. General Motors, L.L.C.,...
Standing as a Gatekeeper: Fifth Circuit Restricts Post-Judgment Intervention for Private Unsealing Requests

Standing as a Gatekeeper: Fifth Circuit Restricts Post-Judgment Intervention for Private Unsealing Requests

Date: Jun 20, 2025
Standing as a Gatekeeper: Fifth Circuit Restricts Post-Judgment Intervention for Private Unsealing Requests 1. Introduction In Yellow Rock, L.L.C. v. Axiall Corp., No. 24-30540 (5th Cir. June 17,...
Re-affirming AEDPA Deference and Rejecting the “Easily Movable Object” DNA Rule: Commentary on Gregory Tucker v. Noah Nagy (6th Cir. 2025)

Re-affirming AEDPA Deference and Rejecting the “Easily Movable Object” DNA Rule: Commentary on Gregory Tucker v. Noah Nagy (6th Cir. 2025)

Date: Jun 20, 2025
Re-affirming AEDPA Deference and Rejecting the “Easily Movable Object” DNA Rule Commentary on Gregory Tucker v. Noah Nagy, 24-1723 (6th Cir. June 17 2025) Introduction In Gregory Tucker v. Noah Nagy,...
When “Culture” Meets the Rules of Evidence:  The Sixth Circuit’s New Standard for Authenticating Post-Spoliation HR Records

When “Culture” Meets the Rules of Evidence: The Sixth Circuit’s New Standard for Authenticating Post-Spoliation HR Records

Date: Jun 20, 2025
When “Culture” Meets the Rules of Evidence: The Sixth Circuit’s New Standard for Authenticating Post-Spoliation HR Records Introduction Jeff L. Kean, a 59-year-old General Manager for Chili’s Grill &...
Helms v. Boyd County (6th Cir. 2025):  Audio-Only Witnesses, Active Resistance, and the Threshold for Excessive-Force Claims in Mental-Health Seizures

Helms v. Boyd County (6th Cir. 2025): Audio-Only Witnesses, Active Resistance, and the Threshold for Excessive-Force Claims in Mental-Health Seizures

Date: Jun 20, 2025
Helms v. Boyd County Sheriff’s Department: Sixth Circuit Clarifies the Evidentiary Bar for Excessive-Force Claims Based on Second-Hand Audio and Re-affirms the “Active Resistance” Standard in...
Cole v. Toledo Refining: Sixth Circuit Re-affirms Ohio’s Strict Expert-Testimony Requirement for “Internal” & “Down-Stream” Personal-Injury Claims

Cole v. Toledo Refining: Sixth Circuit Re-affirms Ohio’s Strict Expert-Testimony Requirement for “Internal” & “Down-Stream” Personal-Injury Claims

Date: Jun 20, 2025
Cole v. Toledo Refining Co., LLC Sixth Circuit Clarifies: Where Injuries Are Internally Complex or “Subjective,” All Derivative Harms Also Demand Qualified Expert Proof 1. Introduction Keith Cole, a...
“From Paper-Bag Drop to Hand-to-Hand Exchange” – Sixth Circuit Clarifies Reasonable-Suspicion Standards and Firearm–Narcotics Nexus in United States v. Delmar Jackson

“From Paper-Bag Drop to Hand-to-Hand Exchange” – Sixth Circuit Clarifies Reasonable-Suspicion Standards and Firearm–Narcotics Nexus in United States v. Delmar Jackson

Date: Jun 20, 2025
“From Paper-Bag Drop to Hand-to-Hand Exchange” – Sixth Circuit Clarifies Reasonable-Suspicion Standards and Firearm–Narcotics Nexus in United States v. Delmar Jackson Introduction United States v....
United States v. Joshua Brown: Clarifying When a Superseding Indictment Is NOT Presumptively Vindictive in the Sixth Circuit

United States v. Joshua Brown: Clarifying When a Superseding Indictment Is NOT Presumptively Vindictive in the Sixth Circuit

Date: Jun 20, 2025
United States v. Joshua Brown: Clarifying When a Superseding Indictment Is NOT Presumptively Vindictive in the Sixth Circuit Introduction United States v. Joshua Brown (No. 24-5199, 6th Cir. 2025) is...
Comity and Identical Sanctions in Reciprocal Attorney Discipline — A Commentary on In Re Daryl Andre Gray (La. 2025)

Comity and Identical Sanctions in Reciprocal Attorney Discipline — A Commentary on In Re Daryl Andre Gray (La. 2025)

Date: Jun 20, 2025
Comity and Identical Sanctions in Reciprocal Attorney Discipline — A Commentary on In Re Daryl Andre Gray (La. 2025) Introduction The Supreme Court of Louisiana’s per curiam decision in In Re Daryl...
No Duty Without Particularized Notice – The Eleventh Circuit Narrows Cruise-Line Liability for Passenger-on-Passenger Assaults

No Duty Without Particularized Notice – The Eleventh Circuit Narrows Cruise-Line Liability for Passenger-on-Passenger Assaults

Date: Jun 20, 2025
No Duty Without Particularized Notice – The Eleventh Circuit Narrows Cruise-Line Liability for Passenger-on-Passenger Assaults Introduction In J.F. v. Carnival Corporation, the U.S. Court of Appeals...
“Zero-Tolerance for Rule-30 Non-Compliance in Criminal Appeals” – A Commentary on United States v. Gary Matthews (7th Cir. 2025)

“Zero-Tolerance for Rule-30 Non-Compliance in Criminal Appeals” – A Commentary on United States v. Gary Matthews (7th Cir. 2025)

Date: Jun 20, 2025
United States v. Gary Matthews & Monte Brannan Seventh Circuit Establishes a “Zero-Tolerance” Regime for Circuit Rule 30 Non-Compliance in Criminal Appeals I. Introduction United States v. Gary...
United States v. Monte Brannan:  Seventh Circuit Signals Zero-Tolerance for Circuit Rule 30 Non-Compliance

United States v. Monte Brannan: Seventh Circuit Signals Zero-Tolerance for Circuit Rule 30 Non-Compliance

Date: Jun 20, 2025
United States v. Monte Brannan: Seventh Circuit Signals Zero-Tolerance for Circuit Rule 30 Non-Compliance Introduction United States v. Monte Brannan (consolidated with United States v. Gary E....
Gudinas v. State: Florida Supreme Court Reasserts the Conformity Clause and Reinforces Procedural Bars in Post-Warrant Capital Appeals

Gudinas v. State: Florida Supreme Court Reasserts the Conformity Clause and Reinforces Procedural Bars in Post-Warrant Capital Appeals

Date: Jun 20, 2025
Gudinas v. State: Florida Supreme Court Reasserts the Conformity Clause and Reinforces Procedural Bars in Post-Warrant Capital Appeals Introduction Thomas Lee Gudinas, sentenced to death for a 1994...
“Finality After Article 30 & Automatic Confirmation Under FAA Chapter Two” – A Commentary on First Kuwaiti General Trading & Contracting W.L.L. v. Kellogg Brown & Root International, Inc.

“Finality After Article 30 & Automatic Confirmation Under FAA Chapter Two” – A Commentary on First Kuwaiti General Trading & Contracting W.L.L. v. Kellogg Brown & Root International, Inc.

Date: Jun 20, 2025
“Finality After Article 30 & Automatic Confirmation Under FAA Chapter Two” A Comprehensive Commentary on First Kuwaiti General Trading & Contracting W.L.L. v. Kellogg Brown & Root International, Inc....
United States v. Hernandez-Garcia: Fourth Circuit Re-Affirms the “De Minimis” Interstate-Commerce Nexus for RICO/VICAR and Clarifies §3501(c) Presentment Limits

United States v. Hernandez-Garcia: Fourth Circuit Re-Affirms the “De Minimis” Interstate-Commerce Nexus for RICO/VICAR and Clarifies §3501(c) Presentment Limits

Date: Jun 20, 2025
United States v. Hernandez-Garcia (4th Cir. 2025): Re-Affirming a Low “De Minimis” Threshold for the Interstate-Commerce Element in RICO & VICAR, and Limiting the Reach of the §3501(c) Six-Hour...
De-Minimis Commerce, Digital Probable Cause & Arrest-on-Sight: The Fourth Circuit’s Multi-Faceted Clarification in United States v. Ordonez-Zometa

De-Minimis Commerce, Digital Probable Cause & Arrest-on-Sight: The Fourth Circuit’s Multi-Faceted Clarification in United States v. Ordonez-Zometa

Date: Jun 20, 2025
De-Minimis Commerce, Digital Probable Cause & Arrest-on-Sight: The Fourth Circuit’s Multi-Faceted Clarification in United States v. Ordonez-Zometa 1. Introduction On 17 June 2025 the United States...
Digital Footprints & Rideshares: The Fourth Circuit’s Expansion of the Interstate-Commerce Nexus in RICO/VICAR – A Commentary on United States v. Jose Ortega-Ayala (2025)

Digital Footprints & Rideshares: The Fourth Circuit’s Expansion of the Interstate-Commerce Nexus in RICO/VICAR – A Commentary on United States v. Jose Ortega-Ayala (2025)

Date: Jun 20, 2025
Digital Footprints & Rideshares: The Fourth Circuit’s Expansion of the Interstate-Commerce Nexus in RICO/VICAR Commentary on United States v. Jose Ortega-Ayala, 93 F.4th ___ (4th Cir. 2025) 1....
“Reaffirming Oklahoma Rule 5.2(C) as an Independent and Adequate State Procedural Bar” – Commentary on David v. Yazel (10th Cir. 2025)

“Reaffirming Oklahoma Rule 5.2(C) as an Independent and Adequate State Procedural Bar” – Commentary on David v. Yazel (10th Cir. 2025)

Date: Jun 20, 2025
“Reaffirming Oklahoma Rule 5.2(C) as an Independent and Adequate State Procedural Bar” Commentary on David v. Yazel, 70 F.4th ___ (10th Cir. 2025) 1. Introduction David v. Yazel is a 2025 decision...
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