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

Including Profit in an Automaker’s “Destination Charge” Is Not Deceptive Under the NJCFA, and Manufacturers Owe No Disclosure Duty for Pass-Through Fees

Including Profit in an Automaker’s “Destination Charge” Is Not Deceptive Under the NJCFA, and Manufacturers Owe No Disclosure Duty for Pass-Through Fees

Date: Oct 5, 2025
Including Profit in an Automaker’s “Destination Charge” Is Not Deceptive Under the NJCFA, and Manufacturers Owe No Disclosure Duty for Pass-Through Fees Introduction In BCR Carpentry LLC v. FCA US...
“Claim-and-Denial” Ripeness Rule for Takings Challenges to Pennsylvania’s Unclaimed Property Custody

“Claim-and-Denial” Ripeness Rule for Takings Challenges to Pennsylvania’s Unclaimed Property Custody

Date: Oct 5, 2025
“Claim-and-Denial” Ripeness Rule for Takings Challenges to Pennsylvania’s Unclaimed Property Custody Case: Brian Dillow v. Treasurer of the Commonwealth of Pennsylvania Court: United States Court of...
Judicial Participation, Accurate Sentencing Warnings, and Time‑Limited Plea Offers Do Not Alone Render a Plea Involuntary: Commentary on Devine v. Commonwealth of Pennsylvania (3d Cir. 2025)

Judicial Participation, Accurate Sentencing Warnings, and Time‑Limited Plea Offers Do Not Alone Render a Plea Involuntary: Commentary on Devine v. Commonwealth of Pennsylvania (3d Cir. 2025)

Date: Oct 5, 2025
Judicial Participation, Accurate Sentencing Warnings, and Time‑Limited Plea Offers Do Not Alone Render a Plea Involuntary Introduction This commentary examines the Third Circuit’s non-precedential...
Mailing, Not Receipt, Triggers FTCA’s Six‑Month Deadline; COVID-Era Office Mail Protocols Do Not Justify Equitable Tolling

Mailing, Not Receipt, Triggers FTCA’s Six‑Month Deadline; COVID-Era Office Mail Protocols Do Not Justify Equitable Tolling

Date: Oct 5, 2025
Mailing, Not Receipt, Triggers FTCA’s Six‑Month Deadline; COVID-Era Office Mail Protocols Do Not Justify Equitable Tolling Case: Margarita Marshall v. United States Post Office, United States Postal...
United States v. Vargas: Contextual Use of Informant Recordings Does Not Implicate the Confrontation Clause; Compulsory Process Requires a Plausible Showing of Favorability

United States v. Vargas: Contextual Use of Informant Recordings Does Not Implicate the Confrontation Clause; Compulsory Process Requires a Plausible Showing of Favorability

Date: Oct 5, 2025
United States v. Vargas: Contextual Use of Informant Recordings Does Not Implicate the Confrontation Clause; Compulsory Process Requires a Plausible Showing of Favorability Introduction This...
United States v. Malcolm: Third Circuit affirms upward variance based on uncharged robberies and jail misconduct, clarifying § 924(c)/Guidelines interplay

United States v. Malcolm: Third Circuit affirms upward variance based on uncharged robberies and jail misconduct, clarifying § 924(c)/Guidelines interplay

Date: Oct 5, 2025
United States v. Malcolm: Third Circuit affirms upward variance based on uncharged robberies and jail misconduct, clarifying § 924(c)/Guidelines interplay Note: This Third Circuit disposition is “not...
Pending Rule 23(f) Petitions Do Not Divest District Courts of Authority to Revise Class-Certification Orders; Subclassing Purchasers and Exchangers Permissible in Merger-Related Securities Fraud

Pending Rule 23(f) Petitions Do Not Divest District Courts of Authority to Revise Class-Certification Orders; Subclassing Purchasers and Exchangers Permissible in Merger-Related Securities Fraud

Date: Oct 5, 2025
Pending Rule 23(f) Petitions Do Not Divest District Courts of Authority to Revise Class-Certification Orders; Subclassing Purchasers and Exchangers Permissible in Merger-Related Securities Fraud...
Electronic Receipt and Unsigned Company Certification Suffice for Cancelling Financed Policies under La. R.S. 9:3550(G)(3)

Electronic Receipt and Unsigned Company Certification Suffice for Cancelling Financed Policies under La. R.S. 9:3550(G)(3)

Date: Oct 5, 2025
Electronic Receipt and Unsigned Company Certification Suffice for Cancelling Financed Policies under La. R.S. 9:3550(G)(3) Introduction In Williams v. GoAuto Insurance, the United States Court of...
Temporary Telework That Precludes Essential In‑Person Duties Is Not a Reasonable ADA Accommodation: Fourth Circuit (Unpublished) Reaffirms Present‑Tense Essential‑Functions Test

Temporary Telework That Precludes Essential In‑Person Duties Is Not a Reasonable ADA Accommodation: Fourth Circuit (Unpublished) Reaffirms Present‑Tense Essential‑Functions Test

Date: Oct 5, 2025
Temporary Telework That Precludes Essential In‑Person Duties Is Not a Reasonable ADA Accommodation: Fourth Circuit (Unpublished) Reaffirms Present‑Tense Essential‑Functions Test Case: Donna M. Jones...
No §1983 End‑Run Around Habeas for McGirt‑Based Jurisdictional Challenges; Prospective Relief Against Judges Requires Ongoing Injury

No §1983 End‑Run Around Habeas for McGirt‑Based Jurisdictional Challenges; Prospective Relief Against Judges Requires Ongoing Injury

Date: Oct 5, 2025
No §1983 End‑Run Around Habeas for McGirt‑Based Jurisdictional Challenges; Prospective Relief Against Judges Requires Ongoing Injury Introduction In Davison v. Smith, No. 24-6256 (10th Cir. Oct. 3,...
Gatekeeping, Not Merits: The Tenth Circuit Reaffirms Burns/Dodson Limits on Habeas Review of Nonunanimous Court‑Martial Verdicts and Rejects “Missing Transcript” Attacks

Gatekeeping, Not Merits: The Tenth Circuit Reaffirms Burns/Dodson Limits on Habeas Review of Nonunanimous Court‑Martial Verdicts and Rejects “Missing Transcript” Attacks

Date: Oct 5, 2025
Gatekeeping, Not Merits: The Tenth Circuit Reaffirms Burns/Dodson Limits on Habeas Review of Nonunanimous Court‑Martial Verdicts and Rejects “Missing Transcript” Attacks Introduction In Livingston v....
Modoc Nation v. Shah: Collateral-Order Review of Denials of Tribal and State-Law Immunities; No Tribal Sovereign Immunity in Individual-Capacity Suits Against Tribal Officials

Modoc Nation v. Shah: Collateral-Order Review of Denials of Tribal and State-Law Immunities; No Tribal Sovereign Immunity in Individual-Capacity Suits Against Tribal Officials

Date: Oct 5, 2025
Modoc Nation v. Shah: Collateral-Order Review of Denials of Tribal and State-Law Immunities; No Tribal Sovereign Immunity in Individual-Capacity Suits Against Tribal Officials Court: United States...
Intoxication-Like Symptoms Are Not an “Obvious” Medical Risk: Tenth Circuit Affirms DUI Probable Cause and Rejects Deliberate-Indifference and Monell Claims in Waters v. City of Altus

Intoxication-Like Symptoms Are Not an “Obvious” Medical Risk: Tenth Circuit Affirms DUI Probable Cause and Rejects Deliberate-Indifference and Monell Claims in Waters v. City of Altus

Date: Oct 5, 2025
Intoxication-Like Symptoms Are Not an “Obvious” Medical Risk: Tenth Circuit Affirms DUI Probable Cause and Rejects Deliberate-Indifference and Monell Claims in Waters v. City of Altus Introduction In...
Brown v. Monsalud: Third Circuit Reaffirms That Medical Treatment Disagreements Are Not Actionable Under ADA Title II and Do Not Constitute Eighth Amendment Deliberate Indifference

Brown v. Monsalud: Third Circuit Reaffirms That Medical Treatment Disagreements Are Not Actionable Under ADA Title II and Do Not Constitute Eighth Amendment Deliberate Indifference

Date: Oct 4, 2025
Brown v. Monsalud: Third Circuit Reaffirms That Medical Treatment Disagreements Are Not Actionable Under ADA Title II and Do Not Constitute Eighth Amendment Deliberate Indifference Court: United...
Statutory Maximum as the Guidelines Sentence: Third Circuit Enforces Appeal Waiver and Approves Consecutive Stacking Under U.S.S.G. §§ 5G1.1(a) and 5G1.2(d) in an Anders Appeal

Statutory Maximum as the Guidelines Sentence: Third Circuit Enforces Appeal Waiver and Approves Consecutive Stacking Under U.S.S.G. §§ 5G1.1(a) and 5G1.2(d) in an Anders Appeal

Date: Oct 4, 2025
Statutory Maximum as the Guidelines Sentence: Third Circuit Enforces Appeal Waiver and Approves Consecutive Stacking Under U.S.S.G. §§ 5G1.1(a) and 5G1.2(d) in an Anders Appeal Introduction In United...
Fraudulent Inducement, Not Right-to-Control: Fifth Circuit Holds § 1348 Reaches Social‑Media Pump‑and‑Dump Schemes Without Proof of Victim Net Loss

Fraudulent Inducement, Not Right-to-Control: Fifth Circuit Holds § 1348 Reaches Social‑Media Pump‑and‑Dump Schemes Without Proof of Victim Net Loss

Date: Oct 4, 2025
Fraudulent Inducement, Not Right-to-Control: Fifth Circuit Holds § 1348 Reaches Social‑Media Pump‑and‑Dump Schemes Without Proof of Victim Net Loss Introduction In United States v. Constantinescu,...
Emergency-Aid Entry and Marijuana-Odor Probable Cause Reaffirmed: United States v. Jackson (5th Cir. 2025)

Emergency-Aid Entry and Marijuana-Odor Probable Cause Reaffirmed: United States v. Jackson (5th Cir. 2025)

Date: Oct 4, 2025
Emergency-Aid Entry and Marijuana-Odor Probable Cause Reaffirmed: United States v. Jackson (5th Cir. 2025) Court: United States Court of Appeals for the Fifth Circuit Date: October 2, 2025 Panel:...
Tacit Conspiracy with Dark Web Marketplace Operators: Fifth Circuit Affirms That Platform Facilitation Can Satisfy the Agreement Element in Narcotics Conspiracies

Tacit Conspiracy with Dark Web Marketplace Operators: Fifth Circuit Affirms That Platform Facilitation Can Satisfy the Agreement Element in Narcotics Conspiracies

Date: Oct 4, 2025
Tacit Conspiracy with Dark Web Marketplace Operators: Fifth Circuit Affirms That Platform Facilitation Can Satisfy the Agreement Element in Narcotics Conspiracies Introduction In United States v....
Conspiracy Is Not Enough: Third Circuit Requires PSC Analysis to Include the Object Offense’s Elements

Conspiracy Is Not Enough: Third Circuit Requires PSC Analysis to Include the Object Offense’s Elements

Date: Oct 4, 2025
Conspiracy Is Not Enough: Third Circuit Requires PSC Analysis to Include the Object Offense’s Elements Case: Jayeola Amos v. Attorney General United States of America (No. 22-2095) Court: United...
No Clearly Established Duty for State Tax Officials to Compel Renewed Address Searches After Returned Mail: Fourth Circuit Affirms Qualified Immunity in deWet v. Rollyson

No Clearly Established Duty for State Tax Officials to Compel Renewed Address Searches After Returned Mail: Fourth Circuit Affirms Qualified Immunity in deWet v. Rollyson

Date: Oct 4, 2025
No Clearly Established Duty for State Tax Officials to Compel Renewed Address Searches After Returned Mail: Fourth Circuit Affirms Qualified Immunity in deWet v. Rollyson Case: Ann Barclay deWet &...
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