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retrospective-application-of-prehire-labor-agreements:-laborers&amp Case Commentaries

Clements v. Commissioner: Eleventh Circuit Re-Affirms Strict Standards for Rule 60(b) Relief and Sentence-Six Remands in Social Security Disability Cases

Clements v. Commissioner: Eleventh Circuit Re-Affirms Strict Standards for Rule 60(b) Relief and Sentence-Six Remands in Social Security Disability Cases

Date: Jul 11, 2025
Clements v. Commissioner: Eleventh Circuit Re-Affirms Strict Standards for Rule 60(b) Relief and Sentence-Six Remands in Social Security Disability Cases 1. Introduction The unpublished decision in...
“Say It or Lose It” – The Eleventh Circuit’s Clarification on Rule 26 Expert Disclosures in Hickey v. State Farm

“Say It or Lose It” – The Eleventh Circuit’s Clarification on Rule 26 Expert Disclosures in Hickey v. State Farm

Date: Jul 11, 2025
“Say It or Lose It” – The Eleventh Circuit’s Clarification on Rule 26 Expert Disclosures in Hickey v. State Farm Fire & Casualty Co. 1. Introduction The decision of the United States Court of Appeals...
O’Neil v. Hill: Eleventh Circuit Tightens the Leash on Qualified-Immunity Appeals and Reaffirms the Ban on Punitive Restraint Chairs

O’Neil v. Hill: Eleventh Circuit Tightens the Leash on Qualified-Immunity Appeals and Reaffirms the Ban on Punitive Restraint Chairs

Date: Jul 11, 2025
O’Neil v. Hill: Eleventh Circuit Tightens the Leash on Qualified-Immunity Appeals and Reaffirms the Ban on Punitive Restraint Chairs Introduction Timothy O’Neil sued former Clayton County, Georgia,...

        Tactical Accessories and the § 924(c) Nexus – The Eleventh Circuit’s Unpublished
        Clarification in United States v. Boyce

Tactical Accessories and the § 924(c) Nexus – The Eleventh Circuit’s Unpublished Clarification in United States v. Boyce

Date: Jul 11, 2025
Tactical Accessories and the § 924(c) Nexus: The Eleventh Circuit Affirms That Items Such as Smoke Grenades Can Tie Firearms to Drug-Trafficking Offenses – Commentary on United States v. Jamaul...
Reaffirming Felon-in-Possession Prohibitions Post-Rahimi:  The Eleventh Circuit’s Decision in United States v. Whitaker

Reaffirming Felon-in-Possession Prohibitions Post-Rahimi: The Eleventh Circuit’s Decision in United States v. Whitaker

Date: Jul 11, 2025
Reaffirming Felon-in-Possession Prohibitions Post-Rahimi: The Eleventh Circuit’s Decision in United States v. Whitaker 1. Introduction The Eleventh Circuit’s per curiam opinion in United States v....
Expanding the Ministerial Exception to Dual-Role School Administrators: A Commentary on Pulsifer v. Westshore Christian Academy

Expanding the Ministerial Exception to Dual-Role School Administrators: A Commentary on Pulsifer v. Westshore Christian Academy

Date: Jul 11, 2025
Expanding the Ministerial Exception to Dual-Role School Administrators: A Commentary on Pulsifer v. Westshore Christian Academy Introduction The United States Court of Appeals for the Sixth Circuit,...
Sixth Circuit Joins Sister Circuits in Rejecting the Exclusionary Rule for § 1983 Actions: A Commentary on Karim Codrington v. Jay Dolak

Sixth Circuit Joins Sister Circuits in Rejecting the Exclusionary Rule for § 1983 Actions: A Commentary on Karim Codrington v. Jay Dolak

Date: Jul 11, 2025
Sixth Circuit Joins Sister Circuits in Rejecting the Exclusionary Rule for § 1983 Actions: Commentary on Karim Codrington v. Jay Dolak, 25a0178p.06 (6th Cir. 2025) Introduction In Karim Codrington v....
OPV Partners v. City of Lansing: Non-Payment of Administrative Appeal Fees Bars Federal Due-Process and Takings Claims

OPV Partners v. City of Lansing: Non-Payment of Administrative Appeal Fees Bars Federal Due-Process and Takings Claims

Date: Jul 11, 2025
OPV Partners v. City of Lansing: Non-Payment of Administrative Appeal Fees Bars Federal Due-Process and Takings Claims Introduction OPV Partners, LLC owned and operated the 618-unit Autumn Ridge...
“Post-Loper Bright” Validation of the Split-Dollar Regulation – A Commentary on Peter McGowan v. United States (6th Cir. 2025)

“Post-Loper Bright” Validation of the Split-Dollar Regulation – A Commentary on Peter McGowan v. United States (6th Cir. 2025)

Date: Jul 11, 2025
“Post-Loper Bright” Validation of the Split-Dollar Regulation – A Commentary on Peter McGowan v. United States (6th Cir. 2025) 1. Introduction The Sixth Circuit’s decision in Peter McGowan v. United...
“One Minor, Two Roles”: Sixth Circuit Affirms Dual-Role Application of U.S.S.G. §3B1.4 and Clarifies Scope of §4B1.5(b)(1)

“One Minor, Two Roles”: Sixth Circuit Affirms Dual-Role Application of U.S.S.G. §3B1.4 and Clarifies Scope of §4B1.5(b)(1)

Date: Jul 11, 2025
“One Minor, Two Roles”: Sixth Circuit Affirms Dual-Role Application of U.S.S.G. §3B1.4 and Clarifies Scope of §4B1.5(b)(1) Introduction United States v. David Jason Parkey, No. 24-5812 (6th Cir. July...
United States v. Otis: Sixth Circuit Reaffirms That the Simultaneous Sale of Firearms and Narcotics Satisfies § 924(c)’s “During and in Relation To” Element and Clarifies Plain-Error Review of Guilty Pleas

United States v. Otis: Sixth Circuit Reaffirms That the Simultaneous Sale of Firearms and Narcotics Satisfies § 924(c)’s “During and in Relation To” Element and Clarifies Plain-Error Review of Guilty Pleas

Date: Jul 11, 2025
United States v. Otis: Sixth Circuit Reaffirms That the Simultaneous Sale of Firearms and Narcotics Satisfies § 924(c)’s “During and in Relation To” Element and Clarifies Plain-Error Review of Guilty...
“The Watson Rule”: Visible Contraband & Identity Refusal as Independent Sources of Probable Cause under the Fourth Amendment

“The Watson Rule”: Visible Contraband & Identity Refusal as Independent Sources of Probable Cause under the Fourth Amendment

Date: Jul 11, 2025
“The Watson Rule”: Visible Contraband & Identity Refusal as Independent Sources of Probable Cause under the Fourth Amendment Introduction United States v. Watson, No. 24-3679 (6th Cir. July 9, 2025)...
“A Modicum Is Enough” – United States v. Hollins and the Sixth Circuit’s Refined Good-Faith & Drug-Premises Doctrine

“A Modicum Is Enough” – United States v. Hollins and the Sixth Circuit’s Refined Good-Faith & Drug-Premises Doctrine

Date: Jul 11, 2025
“A Modicum Is Enough” – United States v. Hollins and the Sixth Circuit’s Refined Good-Faith & Drug-Premises Doctrine 1. Introduction United States v. Kendall Hollins, No. 24-1465 (6th Cir. July 9,...
“Tracing by Spreadsheet”: United States v. Dermen and the Tenth Circuit’s Clarification of Summary-Witness Testimony, Forfeiture Standards, and Post-Apprendi Sentencing Proof

“Tracing by Spreadsheet”: United States v. Dermen and the Tenth Circuit’s Clarification of Summary-Witness Testimony, Forfeiture Standards, and Post-Apprendi Sentencing Proof

Date: Jul 11, 2025
“Tracing by Spreadsheet”: United States v. Dermen and the Tenth Circuit’s Clarification of Summary-Witness Testimony, Forfeiture Standards, and Post-Apprendi Sentencing Proof 1. Introduction United...
Invited-Error Waiver Solidified: United States v. Maldonado and the Boundaries of Rule 33 Relief

Invited-Error Waiver Solidified: United States v. Maldonado and the Boundaries of Rule 33 Relief

Date: Jul 11, 2025
Invited-Error Waiver Solidified: United States v. Maldonado and the Boundaries of Rule 33 Relief Introduction This commentary dissects the Tenth Circuit’s July 2025 decision in United States v....
The Two-Track Stream-of-Commerce Doctrine: Seventh Circuit Separates “End-Product” and “Derivative-Product” Contacts for Specific Personal Jurisdiction

The Two-Track Stream-of-Commerce Doctrine: Seventh Circuit Separates “End-Product” and “Derivative-Product” Contacts for Specific Personal Jurisdiction

Date: Jul 11, 2025
The Two-Track Stream-of-Commerce Doctrine: Seventh Circuit Separates “End-Product” and “Derivative-Product” Contacts for Specific Personal Jurisdiction 1. Introduction Case: B.D. v. Samsung SDI Co.,...
Seventh Circuit Affirms that Short-Term Restrictive Measures Promptly Addressed by Prison Officials Do Not Constitute Deliberate Indifference under the Eighth Amendment

Seventh Circuit Affirms that Short-Term Restrictive Measures Promptly Addressed by Prison Officials Do Not Constitute Deliberate Indifference under the Eighth Amendment

Date: Jul 11, 2025
Seventh Circuit Affirms that Short-Term Restrictive Measures Promptly Addressed by Prison Officials Do Not Constitute Deliberate Indifference under the Eighth Amendment Commentary on: David A....

        “Any Form of Radiation” Means Any Form: Seventh Circuit Affirms
        Broad Plain-Meaning Approach to Insurance Exclusions

“Any Form of Radiation” Means Any Form: Seventh Circuit Affirms Broad Plain-Meaning Approach to Insurance Exclusions

Date: Jul 11, 2025
“Any Form of Radiation” Means Any Form: Seventh Circuit Affirms Broad Plain-Meaning Approach to Insurance Exclusions Introduction In Hammond Power Solutions, Inc. v. National Union Fire Insurance...
Threshold Requirements for Substantive Due-Process Challenges to Post-Custody Property Policies

Threshold Requirements for Substantive Due-Process Challenges to Post-Custody Property Policies

Date: Jul 11, 2025
Threshold Requirements for Substantive Due-Process Challenges to Post-Custody Property Policies Commentary on Ted Velleff v. Sheriff of Cook County, 7th Cir., No. 23-2785 (July 9 2025) Introduction...

        “Memory-Loss Witnesses & the Confrontation Clause” — 
        A Commentary on United States v. Derrick Swanson & Pierre Robinson

“Memory-Loss Witnesses & the Confrontation Clause” — A Commentary on United States v. Derrick Swanson & Pierre Robinson

Date: Jul 11, 2025
“Memory-Loss Witnesses & the Confrontation Clause” Seventh Circuit Reaffirms Adequacy-of-Opportunity Standard in United States v. Derrick Swanson & Pierre Robinson 1. Introduction On 9 July 2025 the...
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