strict-standards-for-successive-habeas-petitions-reinforced-in-in-re-ivan-abner-cantu Case Commentaries

Foreign Providers, Same Channel: First Circuit Holds that Medicare Act Exhaustion Applies to Overseas Hospitals’ State-Law Claims Against Medicare Advantage Organizations

Date: Aug 25, 2025

Foreign Providers, Same Channel: First Circuit Holds that Medicare Act Exhaustion Applies to Overseas Hospitals’ State-Law Claims Against Medicare Advantage Organizations Introduction Hospital...

Foreign Providers Must Exhaust Medicare Advantage Remedies Before Suing: The First Circuit Speaks in Hospital Quirurgica Del Sur v. Martin's Point Health Care

Date: Aug 25, 2025

Foreign Providers Must Exhaust Medicare Advantage Remedies Before Suing: Hospital Quirurgica Del Sur v. Martin's Point Health Care 1. Introduction In Hospital Amerimed Cancún S.A. de C.V. & Hospital...

Extending Absolute Quasi-Judicial Immunity to Court-Appointed Receivers: Commentary on Suny v. KCP Advisory Group, LLC

Date: Aug 25, 2025

Extending Absolute Quasi-Judicial Immunity to Court-Appointed Receivers: Commentary on Suny v. KCP Advisory Group, LLC (1st Cir. 2025) Introduction In Suny v. KCP Advisory Group, LLC, No. 23-1800...

No Sua Sponte Duty to Re-Offer Plea Withdrawal & Minor Supervised-Release Misstatements Do Not Invalidate Guilty Pleas – A Commentary on United States v. Morales-Ortiz

Date: Aug 25, 2025

No Sua Sponte Duty to Re-Offer Plea Withdrawal & Minor Supervised-Release Misstatements Do Not Invalidate Guilty Pleas Commentary on United States v. Morales-Ortiz, 104 F.4th ___ (1st Cir. 2025) 1....

Delaware Supreme Court Extends Rite Aid’s “Specific-and-Individualized Injury” Test to Property Damage and Endorsements – Commentary on In re CVS Opioid Insurance Litigation (2025)

Date: Aug 25, 2025

Delaware Supreme Court Extends Rite Aid’s “Specific-and-Individualized Injury” Test to Property Damage and Endorsements Introduction In In re CVS Opioid Insurance Litigation, No. 482, 2024 (Aug. 18,...

Smith v. State: Defining the Limits of “Counsel Abandonment” and Pro-Se Filings in Idaho Post-Conviction Practice

Date: Aug 25, 2025

Smith v. State: Defining the Limits of “Counsel Abandonment” and Pro-Se Filings in Idaho Post-Conviction Practice 1. Introduction The Idaho Supreme Court’s 2025 decision in Smith v. State, Docket No....

“Beyond Propensity”: State v. Montero and the New Latitude for Admitting Uncharged Sexual-Misconduct Evidence under R.I. R. Evid. 404(b)

Date: Aug 25, 2025

“Beyond Propensity”: State v. Montero and the New Latitude for Admitting Uncharged Sexual-Misconduct Evidence under R.I. R. Evid. 404(b) Introduction In State v. Miguel Montero, No. 2023-92-C.A....

Collins v. Northeast Grocery, Inc.: Second Circuit Implements Cunningham and Lowers the Pleading Bar for ERISA §1106(a) Prohibited-Transaction Claims

Date: Aug 25, 2025

Collins v. Northeast Grocery, Inc.: Second Circuit Implements Cunningham and Lowers the Pleading Bar for ERISA §1106(a) Prohibited-Transaction Claims 1. Introduction On 18 August 2025 the United...

United States v. Perryman – Second Circuit Clarifies Use of “Intended Loss” Under § 2X1.1 in Conspiracy-Based Health-Care Fraud Sentencing

Date: Aug 25, 2025

United States v. Perryman – Second Circuit Clarifies Use of “Intended Loss” Under § 2X1.1 in Conspiracy-Based Health-Care Fraud Sentencing Introduction In United States v. Perryman, No. 24-1729-cr...

“No Injury, No Standing” – The Second Circuit Mandates Individualized Loss for ERISA 401(k) Plaintiffs in Collins v. Northeast Grocery, LLC

Date: Aug 25, 2025

“No Injury, No Standing” – The Second Circuit Mandates Individualized Loss for ERISA 401(k) Plaintiffs in Collins v. Northeast Grocery, LLC 1. Introduction The U.S. Court of Appeals for the Second...

Accrual-Point and Jurisdictional Deference under 28 U.S.C. § 2467: A Commentary on In Re Enforcement of Philippine Forfeiture Judgment

Date: Aug 25, 2025

Accrual-Point and Jurisdictional Deference under 28 U.S.C. § 2467 – Commentary on In Re Enforcement of Philippine Forfeiture Judgment, 24-185(L) (2d Cir. 2025) 1. Introduction On 18 August 2025 the...

Kellogg v. Nichols: The Second Circuit Bars § 1983 Declaratory and Injunctive Relief Against State Judges Serving as Firearms Licensing Officers

Date: Aug 25, 2025

Kellogg v. Nichols: The Second Circuit Bars § 1983 Declaratory and Injunctive Relief Against State Judges Serving as Firearms Licensing Officers 1. Introduction Kellogg v. Nichols, No. 23-8093-cv (2d...

“Proximity-and-Accessibility” as the Determinative Nexus & Plain-Error Limits on Predicate Switching: An In-Depth Commentary on United States v. Prawl (2d Cir. 2025)

Date: Aug 25, 2025

“Proximity-and-Accessibility” as the Determinative Nexus & Plain-Error Limits on Predicate Switching: A Comprehensive Commentary on United States v. Prawl (2d Cir. 2025) Introduction United States v....

Visionary v. Bank OZK (11th Cir. 2025): Unchallenged Alternative Grounds and the FAA’s Deferential Standard Secure Arbitral Awards

Date: Aug 25, 2025

Visionary v. Bank OZK (11th Cir. 2025): Unchallenged Alternative Grounds and the FAA’s Deferential Standard Secure Arbitral Awards Introduction The Eleventh Circuit’s unpublished decision in The...

“One Text Is Enough” – The Eleventh Circuit Confirms that a Single Explicit Age Disclosure Can Sustain §2422(b) and §2423(b) Convictions

Date: Aug 25, 2025

“One Text Is Enough” – The Eleventh Circuit Confirms that a Single Explicit Age Disclosure Can Sustain §2422(b) and §2423(b) Convictions 1. Introduction In United States v. Dustin Hatcher (11th Cir....

“Progressive-Discipline Deviations and Imperfect Investigations Are Insufficient to Prove ADA Pretext” — Commentary on Christina Grasty v. DaVita Inc., 3d Cir. (2025)

Date: Aug 25, 2025

“Progressive-Discipline Deviations and Imperfect Investigations Are Insufficient to Prove ADA Pretext” A Detailed Commentary on Christina Grasty v. DaVita Inc., United States Court of Appeals for the...

“Intent-to-Evade” Without the Taxpayer: Third Circuit Opens § 6501(c)(1) to Any Actor’s Fraud

Date: Aug 25, 2025

Intent-to-Evade Without the Taxpayer: Murrin v. Commissioner of Internal Revenue and the New Scope of § 6501(c)(1) I. Introduction In Stephanie Murrin v. Commissioner of Internal Revenue, No. 24-2037...

“A Harmless Drag Show? No Such Ban.” – Spectrum WT v. Wendler and the Fifth Circuit’s Recognition of Drag Shows as First-Amendment-Protected Expression in Designated Public Forums

Date: Aug 25, 2025

“A Harmless Drag Show? No Such Ban.” – Spectrum WT v. Wendler and the Fifth Circuit’s Recognition of Drag Shows as First-Amendment-Protected Expression in Designated Public Forums Introduction...

Securing the Scene: United States v. Claude Coleman and the Sixth Circuit’s Dual Clarifications on Officer-Safety Detentions and Career-Offender Predicates

Date: Aug 25, 2025

Securing the Scene: United States v. Claude Coleman and the Sixth Circuit’s Dual Clarifications on Officer-Safety Detentions and Career-Offender Predicates Introduction United States v. Claude...

Seventh Circuit Clarifies that § 2260A Applies Even When the “Minor” Is an Undercover Agent: Christopher v. United States (2025)

Date: Aug 25, 2025

“Involving a Minor” Encompasses Fictitious Minors Under § 2260A: A Comprehensive Commentary on Charles W. Christopher v. United States, 23-2976 (7th Cir. 2025) 1. Introduction Charles W. Christopher,...

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