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tenth-circuit-upholds-stringent-& Case Commentaries

The Business-Judgment Shield in Legal-Malpractice “Case-Within-a-Case” Analysis: Commentary on John Shufeldt v. Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C.

The Business-Judgment Shield in Legal-Malpractice “Case-Within-a-Case” Analysis: Commentary on John Shufeldt v. Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C.

Date: Aug 19, 2025
The Business-Judgment Shield in Legal-Malpractice “Case-Within-a-Case” Analysis: Sixth Circuit Clarifies Causation Requirements in Shufeldt v. Baker Donelson 1. Introduction This commentary addresses...
Rule 32(h) Notice and Unconditional-Plea Waiver Clarified: In-Depth Commentary on United States v. Tyjuan Devon Gray (6th Cir. 2025)

Rule 32(h) Notice and Unconditional-Plea Waiver Clarified: In-Depth Commentary on United States v. Tyjuan Devon Gray (6th Cir. 2025)

Date: Aug 19, 2025
Rule 32(h) Notice and Unconditional-Plea Waiver Clarified: Commentary on United States v. Tyjuan Devon Gray, Nos. 24-1507/1553/1577 (6th Cir. Aug. 15, 2025) I. Introduction The consolidated appeal in...
“Reasonable Notice” Redefined: The Sixth Circuit’s Flexible Approach to Rule 32(h) Upward Departures in United States v. Tyjuan Devon Gray

“Reasonable Notice” Redefined: The Sixth Circuit’s Flexible Approach to Rule 32(h) Upward Departures in United States v. Tyjuan Devon Gray

Date: Aug 19, 2025
“Reasonable Notice” Redefined: The Sixth Circuit’s Flexible Approach to Rule 32(h) Upward Departures in United States v. Tyjuan Devon Gray Introduction On 15 August 2025, the United States Court of...
United States v. Gray – Sixth Circuit Clarifies Rule 32(h) Notice Standards and the Scope of Waiver Following an Unconditional Guilty Plea

United States v. Gray – Sixth Circuit Clarifies Rule 32(h) Notice Standards and the Scope of Waiver Following an Unconditional Guilty Plea

Date: Aug 19, 2025
United States v. Gray – Sixth Circuit Clarifies Rule 32(h) Notice Standards and the Scope of Waiver Following an Unconditional Guilty Plea Introduction On 15 August 2025 the United States Court of...
No Qualified Immunity Without Discretionary Authority: Eleventh Circuit Fortifies First-Amendment Protection in School-Board Forums (Arthur Huggins v. School District of Manatee County)

No Qualified Immunity Without Discretionary Authority: Eleventh Circuit Fortifies First-Amendment Protection in School-Board Forums (Arthur Huggins v. School District of Manatee County)

Date: Aug 19, 2025
No Qualified Immunity Without Discretionary Authority: Eleventh Circuit Fortifies First-Amendment Protection in School-Board Forums Commentary on Arthur Huggins v. School District of Manatee County,...
“Jet-Bridge Seizures” and Municipal Accountability: The New Fourth-Amendment Framework from Andre v. Clayton County

“Jet-Bridge Seizures” and Municipal Accountability: The New Fourth-Amendment Framework from Andre v. Clayton County

Date: Aug 19, 2025
“Jet-Bridge Seizures” and Municipal Accountability: The New Fourth-Amendment Framework from Andre v. Clayton County I. Introduction On 15 August 2025 the Eleventh Circuit published its decision in...
Harley-Davidson Warranty Litigation: Seventh Circuit Narrows Magnuson-Moss Anti-Tying Reach and Reinforces Rigorous Market-Definition Standards

Harley-Davidson Warranty Litigation: Seventh Circuit Narrows Magnuson-Moss Anti-Tying Reach and Reinforces Rigorous Market-Definition Standards

Date: Aug 19, 2025
Harley-Davidson Warranty Litigation: Seventh Circuit Narrows Magnuson-Moss Anti-Tying Reach and Reinforces Rigorous Market-Definition Standards 1. Introduction On 15 August 2025 the United States...
The “Strickland Doctrine”: Clarifying Due-Process, Equal-Protection, and Sealing Standards for Federal Judiciary Employees

The “Strickland Doctrine”: Clarifying Due-Process, Equal-Protection, and Sealing Standards for Federal Judiciary Employees

Date: Aug 19, 2025
The “Strickland Doctrine” Clarifying Due-Process, Equal-Protection, and Sealing Standards for Federal Judiciary Employees 1. Introduction In Caryn Strickland v. Nancy Moritz, the Court of Appeals for...
The “Pass-Through Speech” Doctrine: Fourth Circuit Invalidates Maryland’s Digital-Ad Tax Gag Clause

The “Pass-Through Speech” Doctrine: Fourth Circuit Invalidates Maryland’s Digital-Ad Tax Gag Clause

Date: Aug 19, 2025
The “Pass-Through Speech” Doctrine: Fourth Circuit Invalidates Maryland’s Digital-Advertising Tax Gag Clause Introduction Chamber of Commerce of the United States v. Brooke Lierman is the latest...
Unlicensed Firearms Dealing as “Illicit Trafficking”:  Fourth-Circuit Affirms § 922(a)(1)(A) as an Aggravated Felony under INA § 1101(a)(43)(C)

Unlicensed Firearms Dealing as “Illicit Trafficking”: Fourth-Circuit Affirms § 922(a)(1)(A) as an Aggravated Felony under INA § 1101(a)(43)(C)

Date: Aug 19, 2025
Unlicensed Firearms Dealing as “Illicit Trafficking”: Fourth-Circuit Affirms § 922(a)(1)(A) as an Aggravated Felony under INA § 1101(a)(43)(C) Introduction Genovevo Alvarez Ronquillo v. Pamela Bondi...
FRE 601 Trumps: Fourth Circuit Holds that State Expert-Qualification Rules Govern Medical-Malpractice Elements in Federal Court

FRE 601 Trumps: Fourth Circuit Holds that State Expert-Qualification Rules Govern Medical-Malpractice Elements in Federal Court

Date: Aug 19, 2025
FRE 601 Trumps: Fourth Circuit Holds that State Expert-Qualification Rules Govern Medical-Malpractice Elements in Federal Court 1. Introduction In Manuel Moreno v. Dr. Carol C. Bosholm, Nos....
Moreno v. Bosholm – The Fourth Circuit Embraces Rule 601:
State Expert-Competency Standards Now Control Medical Malpractice Claims in Federal Court

Moreno v. Bosholm – The Fourth Circuit Embraces Rule 601: State Expert-Competency Standards Now Control Medical Malpractice Claims in Federal Court

Date: Aug 19, 2025
Federal Rule of Evidence 601 Mandates Application of State Expert-Competency Rules in Federal Medical-Malpractice Actions: A Commentary on Manuel Moreno v. Carol Bosholm (4th Cir. 2025) 1....
Time-of-Conviction Prevails: Fourth Circuit Clarifies “Controlled Substance Offense” Analysis and Upholds Use of Virginia § 18.2-248 and 21 U.S.C. § 841(a)(1) Convictions for Career-Offender Status

Time-of-Conviction Prevails: Fourth Circuit Clarifies “Controlled Substance Offense” Analysis and Upholds Use of Virginia § 18.2-248 and 21 U.S.C. § 841(a)(1) Convictions for Career-Offender Status

Date: Aug 19, 2025
Time-of-Conviction Prevails: Fourth Circuit Clarifies “Controlled Substance Offense” Analysis and Upholds Use of Virginia § 18.2-248 and 21 U.S.C. § 841(a)(1) Convictions for Career-Offender Status...
Extending the § 362(b)(4) Police & Regulatory Power Exception to Private-Party Contempt Motions: Commentary on Cory Markham v. Auto Cycle Exchange Services, Inc.

Extending the § 362(b)(4) Police & Regulatory Power Exception to Private-Party Contempt Motions: Commentary on Cory Markham v. Auto Cycle Exchange Services, Inc.

Date: Aug 19, 2025
Extending the § 362(b)(4) Police & Regulatory Power Exception to Private-Party Contempt Motions Commentary on Cory Markham v. Auto Cycle Exchange Services, Inc., BAP No. CO-24-19 (10th Cir. BAP Aug....
United States v. Simmons: Tenth Circuit Clarifies that § 844 Recidivist Felony Possession—Not Subject to the Categorical Approach—Can Support the § 2K2.1(b)(6)(B) Firearm-Drug Enhancement

United States v. Simmons: Tenth Circuit Clarifies that § 844 Recidivist Felony Possession—Not Subject to the Categorical Approach—Can Support the § 2K2.1(b)(6)(B) Firearm-Drug Enhancement

Date: Aug 19, 2025
United States v. Simmons: Tenth Circuit Clarifies that § 844 Recidivist Felony Possession—Not Subject to the Categorical Approach—Can Support the § 2K2.1(b)(6)(B) Firearm-Drug Enhancement 1....

        Community-Caretaking Revisited:  United States v. Ulibarri  Affirms Opperman
        Primacy and Validates Mixed-Motive Vehicle Impoundments

Community-Caretaking Revisited: United States v. Ulibarri Affirms Opperman Primacy and Validates Mixed-Motive Vehicle Impoundments

Date: Aug 19, 2025
Community-Caretaking Revisited: United States v. Ulibarri Affirms Opperman Primacy and Validates Mixed-Motive Vehicle Impoundments 1. Introduction In United States v. Ulibarri, No. 24-2080 (10th Cir....
“Bivens Survives the Inspector General Act”: A Commentary on Arias v. Herzon (1st Cir. 2025)

“Bivens Survives the Inspector General Act”: A Commentary on Arias v. Herzon (1st Cir. 2025)

Date: Aug 19, 2025
“Bivens Survives the Inspector General Act” A Comprehensive Commentary on Arias v. Herzon, No. 23-1618 (1st Cir. 2025) 1. Introduction Arias v. Herzon presented the U.S. Court of Appeals for the...
“Reasonable Prediction” Prevails: Hussey v. City of Cambridge and the First Circuit’s Reinforcement of Deference to Law-Enforcement Employers in Social-Media Speech

“Reasonable Prediction” Prevails: Hussey v. City of Cambridge and the First Circuit’s Reinforcement of Deference to Law-Enforcement Employers in Social-Media Speech

Date: Aug 19, 2025
“Reasonable Prediction” Prevails: Hussey v. City of Cambridge and the First Circuit’s Reinforcement of Deference to Law-Enforcement Employers in Social-Media Speech 1. Introduction In Hussey v. City...
The “Indirect-Supplier” Doctrine: First Circuit Clarifies Duty to Disclose Supply-Chain Risks in Securities Fraud Actions

The “Indirect-Supplier” Doctrine: First Circuit Clarifies Duty to Disclose Supply-Chain Risks in Securities Fraud Actions

Date: Aug 19, 2025
The “Indirect-Supplier” Doctrine: First Circuit Clarifies Duty to Disclose Supply-Chain Risks in Securities Fraud Actions Introduction In State Teachers Retirement System of Ohio v. Charles River...
“Pending-Litigation Abeyance” Doctrine: Sullivan v. Baker Ranches and the State Engineer’s Discretion to Suspend Water-Rights Investigations

“Pending-Litigation Abeyance” Doctrine: Sullivan v. Baker Ranches and the State Engineer’s Discretion to Suspend Water-Rights Investigations

Date: Aug 19, 2025
“Pending-Litigation Abeyance” Doctrine: Sullivan v. Baker Ranches and the State Engineer’s Discretion to Suspend Water-Rights Investigations 1. Introduction Case: Sullivan, P.E. v. Baker Ranches,...
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