standards-for-& Case Commentaries

No Special Forfeiture Exception for Pro Se Appellants: Fifth Circuit Affirms Summary Judgment and Flags Fabricated Citations in Scroggins v. City of Shreveport

Date: Oct 22, 2025

No Special Forfeiture Exception for Pro Se Appellants: Fifth Circuit Affirms Summary Judgment and Flags Fabricated Citations in Scroggins v. City of Shreveport Introduction This Fifth Circuit...

Material Omissions as “False Entries” Under 18 U.S.C. § 1005 When Context and Duty to Disclose Render Them Literally False: Fifth Circuit’s Post-Thompson Clarification in United States v. Ryan

Date: Oct 22, 2025

Material Omissions as “False Entries” Under 18 U.S.C. § 1005 When Context and Duty to Disclose Render Them Literally False: Fifth Circuit’s Post-Thompson Clarification in United States v. Ryan...

Averaging Competing Expert Figures Is Not a Culver II Analysis: The Fifth Circuit Vacates a Future Wage-Loss Award and Reaffirms No Punitive Damages for Delayed Cure Absent Bad Faith

Date: Oct 22, 2025

Averaging Competing Expert Figures Is Not a Culver II Analysis: The Fifth Circuit Vacates a Future Wage-Loss Award and Reaffirms No Punitive Damages for Delayed Cure Absent Bad Faith Introduction In...

Unpublished Clarification: Testimonial Inconsistencies Alone Do Not Trigger a Mental-Competency Inquiry; Adverse Credibility Can Make Country-Conditions Evidence Irrelevant to CAT Relief

Date: Oct 22, 2025

Unpublished Clarification: Testimonial Inconsistencies Alone Do Not Trigger a Mental-Competency Inquiry; Adverse Credibility Can Make Country-Conditions Evidence Irrelevant to CAT Relief Introduction...

United States v. Simpson: Fourth Circuit Declines to Enforce Appeal Waiver Lacking Consideration; Reaffirms Reliability-Based Sentencing Findings and Temporal-Spatial Nexus for Firearm Enhancements

Date: Oct 22, 2025

United States v. Simpson: Fourth Circuit Declines to Enforce Appeal Waiver Lacking Consideration; Reaffirms Reliability-Based Sentencing Findings and Temporal-Spatial Nexus for Firearm Enhancements...

Rule 60(b) Appeals Stand Alone: Timeliness, Scope, and Frivolousness in Sullivan v. Graham (10th Cir. 2025)

Date: Oct 22, 2025

Rule 60(b) Appeals Stand Alone: Timeliness, Scope, and Frivolousness in Sullivan v. Graham Introduction In Sullivan v. Graham, Nos. 24-3113 & 24-3114 (10th Cir. Oct. 17, 2025), a panel of the U.S....

Tenth Circuit Reaffirms the Narrow Scope of Rule 60(b) Appeals and Confirms Authority to Dismiss Timely Appeals as Frivolous

Date: Oct 22, 2025

Tenth Circuit Reaffirms the Narrow Scope of Rule 60(b) Appeals and Confirms Authority to Dismiss Timely Appeals as Frivolous Introduction In Sullivan v. Hartford Financial Services Group,...

EDTPA Immunity Is Immunity from Liability, Not Suit—No Immediate Appeal Under N.C.G.S. § 1‑277(a) or (b)

Date: Oct 22, 2025

EDTPA Immunity Is Immunity from Liability, Not Suit—No Immediate Appeal Under N.C.G.S. § 1‑277(a) or (b) Introduction In Land v. Whitley (Supreme Court of North Carolina, Oct. 17, 2025), the Court...

Unforeseeable Chains of Events and Generalized Warnings Do Not Establish Proximate Cause: Long v. Fowler (N.C. 2025)

Date: Oct 22, 2025

Unforeseeable Chains of Events and Generalized Warnings Do Not Establish Proximate Cause: Long v. Fowler (N.C. 2025) Introduction In Long v. Fowler, the Supreme Court of North Carolina affirmed...

Mauck v. Cherry Oil Co.: Put/Call Shareholder Agreements Can Defeat Meiselman Dissolution Absent Pleaded “Reasonable Necessity” Under N.C.G.S. § 55-14-30(2)(ii)

Date: Oct 22, 2025

Mauck v. Cherry Oil Co.: Put/Call Shareholder Agreements Can Defeat Meiselman Dissolution Absent Pleaded “Reasonable Necessity” Under N.C.G.S. § 55-14-30(2)(ii) Introduction This North Carolina...

No Binding Agency Deference in North Carolina: Mitchell mandates de novo review of state administrative regulations

Date: Oct 22, 2025

No Binding Agency Deference in North Carolina: Mitchell v. UNC Board of Governors mandates de novo review of state administrative regulations Introduction In Mitchell v. University of North Carolina...

General Permit Conditions That Function as Regulations Are “Rules”: North Carolina Supreme Court Requires APA Rulemaking for Broad Animal‑Waste Permit Conditions

Date: Oct 22, 2025

General Permit Conditions That Function as Regulations Are “Rules”: The North Carolina Supreme Court Requires APA Rulemaking for Broad Animal‑Waste Permit Conditions Case: N.C. Dep't of Env't...

Reviewing the ALJ, Not the Agency, and Recognizing “But-For” Prejudice in Two‑Applicant CON Contests: The North Carolina Supreme Court’s Decision in Pinnacle Health Services v. NCDHHS

Date: Oct 22, 2025

Reviewing the ALJ, Not the Agency, and Recognizing “But-For” Prejudice in Two‑Applicant CON Contests Pinnacle Health Services of N.C., LLC v. N.C. Department of Health & Human Services (N.C. Oct. 17,...

State v. Chemuti: Superior-Court Petition Is the Exclusive Path to Obtain Law‑Enforcement Recordings Under N.C.G.S. § 132‑1.4A

Date: Oct 22, 2025

State v. Chemuti: Superior-Court Petition Is the Exclusive Path to Obtain Law‑Enforcement Recordings Under N.C.G.S. § 132‑1.4A Introduction In State v. Chemuti (Supreme Court of North Carolina, Oct....

State v. Lail (N.C. 2025): Misstating the Rule 403 Standard Constitutes Abuse of Discretion; Plain Error Review Does Not Reach Discretionary Evidentiary Rulings

Date: Oct 22, 2025

State v. Lail (N.C. 2025): Misstating the Rule 403 Standard Constitutes Abuse of Discretion; Plain Error Review Does Not Reach Discretionary Evidentiary Rulings Introduction In State v. Lail, the...

State v. Norman: Probable Cause for a Vehicle Search Warrant Can Rest on Distinctive Vehicle Identification and a Fictitious Plate—No Need to Resolve Knock-and-Talk Legality When Tainted Facts Are Excised

Date: Oct 22, 2025

State v. Norman: Probable Cause for a Vehicle Search Warrant Can Rest on Distinctive Vehicle Identification and a Fictitious Plate—No Need to Resolve Knock-and-Talk Legality When Tainted Facts Are...

Rogers Overrules Carter: North Carolina Adopts a State Constitutional Good-Faith Exception and Limits § 15A‑974’s Good-Faith to Statutory (Chapter 15A) Violations

Date: Oct 22, 2025

Rogers Overrules Carter: North Carolina Adopts a State Constitutional Good-Faith Exception and Limits § 15A‑974’s Good-Faith to Statutory (Chapter 15A) Violations Introduction In State v. Rogers, the...

Clarifying Batson Mootness in North Carolina: Step One Is Not Moot Absent a Step-Three Ruling

Date: Oct 22, 2025

Clarifying Batson Mootness in North Carolina: Step One Is Not Moot Absent a Step-Three Ruling Introduction In State v. Wilson, the Supreme Court of North Carolina addressed a recurring procedural...

Clear-Error Review of Hardship Mixed Questions and Strict Ineffective-Assistance Prerequisites in Non-LPR Cancellation: Ramirez Lopez v. Bondi (2d Cir. 2025)

Date: Oct 19, 2025

Clear-Error Review of Hardship Mixed Questions and Strict Ineffective-Assistance Prerequisites in Non-LPR Cancellation: Ramirez Lopez v. Bondi (2d Cir. 2025) Introduction In Ramirez Lopez v. Bondi,...

Harmless Diagnostic Mislabeling and Time‑Window Limits on New Evidence in SSA Appeals: Kavanaugh v. Commissioner (11th Cir. 2025)

Date: Oct 19, 2025

Harmless Diagnostic Mislabeling and Time‑Window Limits on New Evidence in SSA Appeals: Kavanaugh v. Commissioner (11th Cir. 2025) Court: U.S. Court of Appeals for the Eleventh Circuit (Non‑Argument...

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