supreme-court-upholds-district-court& Case Commentaries

No Cure by Removal: Second Circuit Applies Derivative Jurisdiction to FIRREA Removals When State Courts Lack Subject-Matter Jurisdiction

Date: Nov 1, 2025

No Cure by Removal: Second Circuit Applies Derivative Jurisdiction to FIRREA Removals When State Courts Lack Subject-Matter Jurisdiction Case: Panos v. Federal Deposit Insurance Corporation, No....

No Per Se Rule: Intoxication Does Not Automatically Invalidate Consent; Apparent Authority Can Validate a Roommate-Consent Search — United States v. Boone (2d Cir. 2025) [Summary Order]

Date: Nov 1, 2025

No Per Se Rule: Intoxication Does Not Automatically Invalidate Consent; Apparent Authority Can Validate a Roommate-Consent Search — United States v. Boone (2d Cir. 2025) [Summary Order] Court: U.S....

Off‑Campus Social Media Speech Is Protected Absent Safety-Based Threats: Reaction-Driven “Disruption” Alone Cannot Justify Discipline (Leroy v. Livingston Manor CSD)

Date: Nov 1, 2025

Off‑Campus Social Media Speech Is Protected Absent Safety-Based Threats: Reaction-Driven “Disruption” Alone Cannot Justify Discipline Leroy v. Livingston Manor Central School District, No. 24-1241...

Santiago v. Fischer: Second Circuit Requires Admission of “Impediments” Evidence to Prove Causation and Punitive Liability in Earley PRS Cases; Qualified Immunity Remains Unavailable Post-Earley

Date: Nov 1, 2025

Santiago v. Fischer: Second Circuit Requires Admission of “Impediments” Evidence to Prove Causation and Punitive Liability in Earley PRS Cases; Qualified Immunity Remains Unavailable Post-Earley...

Venue Errors Do Not Defeat Judicial Immunity: Eleventh Circuit Affirms Transfer and Dismissal in Ibhar Al Mheid v. Minchew

Date: Nov 1, 2025

Venue Errors Do Not Defeat Judicial Immunity: Eleventh Circuit Affirms Transfer and Dismissal in Ibhar Al Mheid v. Minchew Introduction In Ibhar Al Mheid v. Katy Minchew et al., No. 24-11930 (11th...

Waiver Under Rule 72(a) Bars Appellate Review; “Stray Remarks” and Non‑Comparable Exchanges Do Not Sustain § 1981 Retail Discrimination Claims — Harris v. Bath & Body Works (11th Cir. 2025)

Date: Nov 1, 2025

Waiver Under Rule 72(a) Bars Appellate Review; “Stray Remarks” and Non‑Comparable Exchanges Do Not Sustain § 1981 Retail Discrimination Claims — Harris v. Bath & Body Works (11th Cir. 2025) Court:...

Eleventh Circuit Clarifies: Misadvice on Supervised-Release Maximum at Revocation Is Not Plain Error Absent Prejudice; District Courts May Weigh Context of Dismissed Violations When Varying Upward

Date: Nov 1, 2025

Misadvice at Supervised-Release Revocation Is Not Plain Error Without Prejudice; Broad Sentencing Latitude Under § 3583(e) Confirmed Case: United States v. Clonet Junior Charmant, No. 25-10202 (11th...

Recharacterization Without Notice Violates Due Process; Murder Cross‑Reference Does Not Defeat First Step Act Eligibility

Date: Nov 1, 2025

Recharacterization Without Notice Violates Due Process; Murder Cross‑Reference Does Not Defeat First Step Act Eligibility Introduction This commentary analyzes the Eleventh Circuit’s unpublished, per...

Erlinger Claims Are Waivable: Eleventh Circuit Enforces Appeal Waiver and Upholds Georgia Marijuana PWID as an ACCA “Serious Drug Offense”

Date: Nov 1, 2025

Erlinger Claims Are Waivable: Eleventh Circuit Enforces Appeal Waiver and Upholds Georgia Marijuana PWID as an ACCA “Serious Drug Offense” Introduction In United States v. Orlando Paradise (No....

Post-Wilkinson Deferential Review and the Mitigating Role of Family Assets in “Exceptional and Extremely Unusual Hardship” Analyses

Date: Nov 1, 2025

Post-Wilkinson Deferential Review and the Mitigating Role of Family Assets in “Exceptional and Extremely Unusual Hardship” Analyses Introduction This commentary examines the Sixth Circuit’s...

Agency Rescission and State-Law Interdependence Moot APA Challenges: The Sixth Circuit’s Refined Voluntary-Cessation Analysis in Gun Owners of America, Inc. v. U.S. Department of Justice

Date: Nov 1, 2025

Agency Rescission and State-Law Interdependence Moot APA Challenges: The Sixth Circuit’s Refined Voluntary-Cessation Analysis in Gun Owners of America, Inc. v. U.S. Department of Justice Introduction...

Licensing‑Board Reports as Adverse Actions and the “Unbroken Chain” in Cat’s Paw Retaliation: The Tenth Circuit’s Decision in Byrnes v. St. Catherine Hospital

Date: Nov 1, 2025

Licensing‑Board Reports as Adverse Actions and the “Unbroken Chain” in Cat’s Paw Retaliation: The Tenth Circuit’s Decision in Byrnes v. St. Catherine Hospital Introduction In Byrnes v. St. Catherine...

Reaffirming the “Collective Inferences” Sufficiency Standard: Tenth Circuit Rejects “Piling Inference upon Inference” Challenge in United States v. Munguia‑Herrera

Date: Nov 1, 2025

Reaffirming the “Collective Inferences” Sufficiency Standard: Tenth Circuit Rejects “Piling Inference upon Inference” Challenge in United States v. Munguia‑Herrera Court: United States Court of...

Eleventh Circuit (post–Loper Bright) holds Florida “culpable negligence” child‑neglect convictions categorically qualify as a deportable “crime of child neglect” under INA § 1227(a)(2)(E)(i); Chevron‑era Pierre still exerts precedential force

Date: Nov 1, 2025

Post–Loper Bright framework: Florida “culpable negligence” child‑neglect is a categorical “crime of child neglect” under INA § 1227(a)(2)(E)(i), and Chevron‑era Pierre remains operative (for now)...

No Surprise Summary Judgment: First Circuit Clarifies Rule 12(d) Conversion, Rule 56(c)(4) Affidavits, and Medical Director Liability under Puerto Rico Article 1802

Date: Nov 1, 2025

No Surprise Summary Judgment: First Circuit Clarifies Rule 12(d) Conversion, Rule 56(c)(4) Affidavits, and Medical Director Liability under Puerto Rico Article 1802 Introduction This appeal arises...

Nevada Rejects Portal-to-Portal Act Exceptions: PPA’s Preliminary/Postliminary Carveouts Are Not Incorporated into Nevada Wage-Hour Law

Date: Nov 1, 2025

Nevada Rejects Portal-to-Portal Act Exceptions: PPA’s Preliminary/Postliminary Carveouts Are Not Incorporated into Nevada Wage-Hour Law Introduction In an en banc opinion answering a certified...

Causal Nexus and Finality of Consent Awards: Third Department Limits “Removal for Cause” Decertification under 9 NYCRR 6056.2(h)

Date: Nov 1, 2025

Causal Nexus and Finality of Consent Awards: Third Department Limits “Removal for Cause” Decertification under 9 NYCRR 6056.2(h) Introduction In Matter of Ferretti v. New York State Division of...

Implicit Severance Bars CPLR 5501(a)(1) Review of a Prior Final Judgment; Easement Holders Cannot Obstruct Rights-of-Way by Parking

Date: Nov 1, 2025

Implicit Severance Bars CPLR 5501(a)(1) Review of a Prior Final Judgment; Easement Holders Cannot Obstruct Rights-of-Way by Parking Introduction This commentary examines the Appellate Division, Third...

Pleading Actual-Intent UVTA Claims in New York: Third Department Aligns § 273(a)(1) with CPLR 3016(b), Permits Information‑and‑Belief Allegations with Factual Basis, and Rejects Affidavits as “Documentary Evidence” on CPLR 3211 Motions

Date: Nov 1, 2025

Pleading Actual-Intent UVTA Claims in New York: Third Department Aligns § 273(a)(1) with CPLR 3016(b), Permits Information‑and‑Belief Allegations with Factual Basis, and Rejects Affidavits as...

People v. Demas: Passing “Superseding Indictment” References, Limited Juror–Witness Familiarity, and Minor Inaccuracies Do Not, Without More, Impair Grand Jury Integrity Under CPL 210.35(5)

Date: Nov 1, 2025

People v. Demas: Passing “Superseding Indictment” References, Limited Juror–Witness Familiarity, and Minor Inaccuracies Do Not, Without More, Impair Grand Jury Integrity Under CPL 210.35(5) Decision:...