tenth-circuit-upholds-stringent-& Case Commentaries

Recusal Requires Objective Evidence of Bias: Brookins v. Figuccio

Date: Jun 3, 2025

Recusal Requires Objective Evidence of Bias: Brookins v. Figuccio Introduction Brookins v. Figuccio, decided by the United States Court of Appeals for the Second Circuit on June 2, 2025, tested the...

Clarifying Honest-Services Fraud: Quid Pro Quo, Fiduciary Duty, and Obstruction in United States v. Lynch

Date: Jun 3, 2025

Clarifying Honest-Services Fraud: Quid Pro Quo, Fiduciary Duty, and Obstruction in United States v. Lynch Introduction United States v. Lynch (1st Cir. June 2, 2025) arises from charges against Dana...

Larson v. Gibson: Clarifying “Abuse” Under Delaware PFA to Include Pursuit-Induced Panic and Sexual Coercion

Date: Jun 3, 2025

Larson v. Gibson: Clarifying “Abuse” Under Delaware PFA to Include Pursuit-Induced Panic and Sexual Coercion Introduction In Larson v. Gibson, No. 344, 2024 (Del. June 2, 2025), the Supreme Court of...

Clarifying Section 1292(a)(1): Limits on Interlocutory Appeals of Injunction Denials

Date: Jun 3, 2025

Clarifying Section 1292(a)(1): Limits on Interlocutory Appeals of Injunction Denials Introduction This commentary examines the Seventh Circuit’s decision in Union Pacific Railroad Company v. Illinois...

Clarifying Alternative Murder Verdicts: Jury Step-Down Instruction and Felony-Murder Conviction Rule

Date: Jun 3, 2025

Clarifying Alternative Murder Verdicts: Jury Step-Down Instruction and Felony-Murder Conviction Rule Introduction State of New Mexico v. Jimmie Atkins (No. S-1-SC-39940, June 2, 2025) presents a...

Standards for Constructive Knowledge and Spoliation Sanctions in Premises Liability

Date: Jun 3, 2025

Standards for Constructive Knowledge and Spoliation Sanctions in Premises Liability 1. Introduction This commentary examines the Fifth Circuit’s decision in Keister v. Dolgencorp, No. 24-60356 (5th...

Affirmation of “At the Crux” Misuse Standard in Aggravated Identity Theft under 18 U.S.C. §1028A

Date: Jun 3, 2025

Affirmation of “At the Crux” Misuse Standard in Aggravated Identity Theft under 18 U.S.C. §1028A Introduction United States v. Jason C. Weigand is a consolidated appeal from the Third Circuit Court...

Affirming Government’s Right to Disclose Post-Release Conduct Despite Plea Agreement: United States v. Gilyot

Date: Jun 3, 2025

Affirming Government’s Right to Disclose Post-Release Conduct Despite Plea Agreement Introduction The Eleventh Circuit’s decision in United States v. Errol Michael Gilyot, No. 24-11276 (11th Cir....

Facial Constitutionality of New York’s Vacancy Survey Provisions: Pre-Compliance Review via Article 78 Upholds Fourth and Fourteenth Amendment Rights

Date: Jun 3, 2025

Facial Constitutionality of New York’s Vacancy Survey Provisions: Pre-Compliance Review via Article 78 Upholds Fourth and Fourteenth Amendment Rights Introduction Hudson Shore Associates Ltd....

Enforceability of Sole-Remedy Clauses and Economic Loss Rule in Maritime Fuel Supply Contracts

Date: Jun 3, 2025

Enforceability of Sole-Remedy Clauses and Economic Loss Rule in Maritime Fuel Supply Contracts Introduction This commentary examines the Second Circuit’s Summary Order in Serifos Maritime Corporation...

Limited Scope of Agricultural and Cannabis Operations’ Exemption from Municipal Regulation under 24 V.S.A. § 4413(d)(1)(A) and 7 V.S.A. § 869(f)(2)

Date: May 31, 2025

Limited Scope of Agricultural and Cannabis Operations’ Exemption from Municipal Regulation under 24 V.S.A. § 4413(d)(1)(A) and 7 V.S.A. § 869(f)(2) Introduction This case arises from two consolidated...

Void Ab Initio and Retroactive Injunction: Enforcing Iowa’s Title and Single-Subject Requirements in Electric Transmission ROFR

Date: May 31, 2025

Void Ab Initio and Retroactive Injunction: Enforcing Iowa’s Title and Single-Subject Requirements in Electric Transmission ROFR Introduction This commentary examines the Iowa Supreme Court’s decision...

Limits on Interlocutory Qualified-Immunity Appeals in §1983 Cases

Date: May 31, 2025

Limits on Interlocutory Qualified-Immunity Appeals in §1983 Cases 1. Introduction Nancy Hooks v. City of Warren, Mich. (6th Cir., May 30, 2025) arises from an April 2019 street-corner incident in...

Affirming District Court’s Broad Discretion in Upward Variances: Substantive Reasonableness in United States v. Brown

Date: May 31, 2025

Affirming District Court’s Broad Discretion in Upward Variances: Substantive Reasonableness in United States v. Brown Introduction United States v. Brown, 24-30214 (5th Cir. May 30, 2025) arises from...

Clarifying the “Silver Platter” Doctrine: Private Searches, Government Agency, and the Fourth Amendment in State v. Langley

Date: May 31, 2025

Clarifying the “Silver Platter” Doctrine: Private Searches, Government Agency, and the Fourth Amendment in State v. Langley Introduction State of Nebraska v. William B. Langley (319 Neb. 67, May 30,...

Proper Pleading Standards for Gender Discrimination under Title VII and FCRA: Limits on Prejudice Dismissals and Pleading-Stage Analysis

Date: May 31, 2025

Proper Pleading Standards for Gender Discrimination under Title VII and FCRA: Limits on Prejudice Dismissals and Pleading-Stage Analysis Introduction In Yolanda Hernandez v. CareerSource Palm Beach...

Clarifying the Persuasiveness Standard under 20 C.F.R. § 404.1520c: Evaluating Medical Opinions Based on Supportability and Consistency

Date: May 31, 2025

Clarifying the Persuasiveness Standard under 20 C.F.R. § 404.1520c: Evaluating Medical Opinions Based on Supportability and Consistency Introduction This commentary examines the Eleventh Circuit’s...

Standards for Implicit Denial of Improvement Periods and Post-Termination Visitation in Child-Protective Proceedings

Date: May 31, 2025

Standards for Implicit Denial of Improvement Periods and Post-Termination Visitation in Child-Protective Proceedings Introduction This commentary analyzes the Supreme Court of West Virginia’s May 30,...

Title VII Retaliation Limited to Employment Practices & No Equal-Protection Retaliation Cause of Action

Date: May 31, 2025

Title VII Retaliation Limited to Employment Practices & No Equal-Protection Retaliation Cause of Action 1. Introduction In Bobby Shed v. University of South Florida Board of Trustees, the U.S. Court...

Clarifying Bribery vs. Honest Services Fraud: University-Account Payments Excluded under §1346 and §666 Conspiracy Liability Reaffirmed

Date: May 31, 2025

Clarifying Bribery vs. Honest Services Fraud: University-Account Payments Excluded under §1346 and §666 Conspiracy Liability Reaffirmed Introduction United States v. Vavic is a First Circuit decision...

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