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trial-court& Case Commentaries

Accessibility and Temporal Proximity Satisfy “During the Offense” for § 2D1.1(b)(1) Firearm Enhancement

Accessibility and Temporal Proximity Satisfy “During the Offense” for § 2D1.1(b)(1) Firearm Enhancement

Date: Oct 25, 2025
Accessibility and Temporal Proximity Satisfy “During the Offense” for § 2D1.1(b)(1) Firearm Enhancement Introduction In United States v. Byron Metcalf-Burroughs (No. 24-1944, 6th Cir. Oct. 22, 2025)...
Sixth Circuit Clarifies Discretion to Deny Time‑Served Variances Without “Magic Words” and to Avoid Double Credit

Sixth Circuit Clarifies Discretion to Deny Time‑Served Variances Without “Magic Words” and to Avoid Double Credit

Date: Oct 25, 2025
Sixth Circuit Clarifies Discretion to Deny Time‑Served Variances Without “Magic Words” and to Avoid Double Credit Introduction In United States v. Lawrence Edward Slaughter, II (6th Cir. Oct. 22,...
Operationalizing Williams: Gang-Related Gun Lending and Repeat Firearm Offenses Establish “Dangerousness” in § 922(g)(1) As‑Applied Challenges

Operationalizing Williams: Gang-Related Gun Lending and Repeat Firearm Offenses Establish “Dangerousness” in § 922(g)(1) As‑Applied Challenges

Date: Oct 25, 2025
Operationalizing Williams: Gang-Related Gun Lending and Repeat Firearm Offenses Establish “Dangerousness” in § 922(g)(1) As‑Applied Challenges Case: United States v. William Lee Suggs, IV, No....
Pad-Change Logs as Substantial Evidence and SSR 96-9p’s Specificity Requirement: Tenth Circuit Affirms RFC Without Extra Restroom or Assistive-Device Accommodations

Pad-Change Logs as Substantial Evidence and SSR 96-9p’s Specificity Requirement: Tenth Circuit Affirms RFC Without Extra Restroom or Assistive-Device Accommodations

Date: Oct 25, 2025
Pad-Change Logs as Substantial Evidence and SSR 96-9p’s Specificity Requirement: Tenth Circuit Affirms RFC Without Extra Restroom or Assistive-Device Accommodations Introduction In S.J.B. v....
United States v. Fernandez: No Ineffective Assistance for Failing to Advance a Novel “Lifting-Duration” Search Theory

United States v. Fernandez: No Ineffective Assistance for Failing to Advance a Novel “Lifting-Duration” Search Theory

Date: Oct 25, 2025
United States v. Fernandez: No Ineffective Assistance for Failing to Advance a Novel “Lifting-Duration” Search Theory Introduction This commentary examines the Tenth Circuit’s Order and Judgment in...
Tenth Circuit Reaffirms: Rebutted § 3142(e)(3)(E) Presumption Remains Weighty; Uncharged Conduct and Digital Evidence Can Support Detention in Child‑Exploitation Prosecutions

Tenth Circuit Reaffirms: Rebutted § 3142(e)(3)(E) Presumption Remains Weighty; Uncharged Conduct and Digital Evidence Can Support Detention in Child‑Exploitation Prosecutions

Date: Oct 25, 2025
Tenth Circuit Reaffirms: Rebutted § 3142(e)(3)(E) Presumption Remains Weighty; Uncharged Conduct and Digital Evidence Can Support Detention in Child‑Exploitation Prosecutions Case: United States v....
Independent Investigations Break the Cat’s Paw: Seventh Circuit Clarifies Comparator Rules and Causation in Age Discrimination Claims

Independent Investigations Break the Cat’s Paw: Seventh Circuit Clarifies Comparator Rules and Causation in Age Discrimination Claims

Date: Oct 25, 2025
Independent Investigations Break the Cat’s Paw: Seventh Circuit Clarifies Comparator Rules and Causation in Age Discrimination Claims Introduction In Ronald Gaines v. Thomas J. Dart, the U.S. Court...
United States v. Jackson: Reaffirming Mandatory Revocation for Grade A Violations and the Use of Anders in Supervised-Release Appeals

United States v. Jackson: Reaffirming Mandatory Revocation for Grade A Violations and the Use of Anders in Supervised-Release Appeals

Date: Oct 25, 2025
United States v. Jackson: Reaffirming Mandatory Revocation for Grade A Violations and the Use of Anders in Supervised-Release Appeals Court: U.S. Court of Appeals for the Seventh Circuit Date:...
Conlon v. Scaltreto: First Circuit shields beanbag-shotgun use under qualified immunity, revives deadly-force claim where “armed advancement” is disputed, and limits ADA/Monell theories in mental‑health encounters

Conlon v. Scaltreto: First Circuit shields beanbag-shotgun use under qualified immunity, revives deadly-force claim where “armed advancement” is disputed, and limits ADA/Monell theories in mental‑health encounters

Date: Oct 25, 2025
Conlon v. Scaltreto: First Circuit shields beanbag-shotgun use under qualified immunity, revives deadly-force claim where “armed advancement” is disputed, and limits ADA/Monell theories in...
When Opinions Become Facts: First Circuit Holds Baseless Personal‑Knowledge Vouching Can Be “False” Under §1001 and Rejects Money‑Laundering Merger Where Bribery Proceeds Arise at Agreement

When Opinions Become Facts: First Circuit Holds Baseless Personal‑Knowledge Vouching Can Be “False” Under §1001 and Rejects Money‑Laundering Merger Where Bribery Proceeds Arise at Agreement

Date: Oct 25, 2025
When Opinions Become Facts: Baseless Personal‑Knowledge Vouching Is Actionable Under §1001; False Invoices Can Support §1956(h) Concealment Without Merger Because Bribery Proceeds Arise at Agreement...
Undue Hardship After Groff: Fourth Circuit Holds Health and Safety Risks and Aggregate Operational Disruption Justify Denial of Religious COVID-19 Vaccine Exemptions in Healthcare

Undue Hardship After Groff: Fourth Circuit Holds Health and Safety Risks and Aggregate Operational Disruption Justify Denial of Religious COVID-19 Vaccine Exemptions in Healthcare

Date: Oct 25, 2025
Undue Hardship After Groff: Fourth Circuit Holds Health and Safety Risks and Aggregate Operational Disruption Justify Denial of Religious COVID-19 Vaccine Exemptions in Healthcare Introduction In...
Implied Misrepresentation in Prescription Claims Suffices for Health Care Fraud Under 18 U.S.C. § 1347 — Third Circuit (United States v. Mattia)

Implied Misrepresentation in Prescription Claims Suffices for Health Care Fraud Under 18 U.S.C. § 1347 — Third Circuit (United States v. Mattia)

Date: Oct 25, 2025
Implied Misrepresentation in Prescription Claims Suffices for Health Care Fraud Under 18 U.S.C. § 1347 United States v. Carmine A. Mattia, Jr., No. 24-2589 (3d Cir. Oct. 21, 2025) (precedential)...
Survival Clauses Cannot Create Post‑Termination Renewal Commission Rights Under Maryland Law: Sims Agency v. GEICO (5th Cir. 2025)

Survival Clauses Cannot Create Post‑Termination Renewal Commission Rights Under Maryland Law: Sims Agency v. GEICO (5th Cir. 2025)

Date: Oct 25, 2025
Survival Clauses Cannot Create Post‑Termination Renewal Commission Rights Under Maryland Law: Sims Agency v. GEICO (5th Cir. 2025) Introduction In Sims Agency, L.L.C. v. Government Employees...
Torres v. Rubio: § 1503(a) Citizenship Suits Are De Novo and Not Bound by Passport “Primary/Secondary Evidence” Regulations

Torres v. Rubio: § 1503(a) Citizenship Suits Are De Novo and Not Bound by Passport “Primary/Secondary Evidence” Regulations

Date: Oct 25, 2025
Torres v. Rubio: § 1503(a) Citizenship Suits Are De Novo and Not Bound by Passport “Primary/Secondary Evidence” Regulations Introduction In Torres v. Rubio, No. 24-40685 (5th Cir. Oct. 21, 2025)...
Pattern-of-Coercion Suffices for § 1591; Social-Media “Pimping” Memes Are Admissible Under Rule 404(b): A Comprehensive Commentary on United States v. Lewis (5th Cir. 2025)

Pattern-of-Coercion Suffices for § 1591; Social-Media “Pimping” Memes Are Admissible Under Rule 404(b): A Comprehensive Commentary on United States v. Lewis (5th Cir. 2025)

Date: Oct 25, 2025
Pattern-of-Coercion Suffices for § 1591; Social-Media “Pimping” Memes Are Admissible Under Rule 404(b) Comprehensive Commentary on United States v. Lewis, No. 24-20235 (5th Cir. Oct. 21, 2025)...
Repealed-State-Law Convictions Still Count for Federal Criminal History and Pre–Amendment Acquitted-Conduct Sentencing Remains Valid: Commentary on United States v. Adkins (4th Cir. 2025)

Repealed-State-Law Convictions Still Count for Federal Criminal History and Pre–Amendment Acquitted-Conduct Sentencing Remains Valid: Commentary on United States v. Adkins (4th Cir. 2025)

Date: Oct 25, 2025
Repealed-State-Law Convictions Still Count for Federal Criminal History and Pre–Amendment Acquitted-Conduct Sentencing Remains Valid: United States v. Adkins Introduction This commentary examines an...
Surrender in a Good-Guy Guaranty Means Unilateral Vacatur—Landlord Acceptance Not Required to Cut Off Guarantor Liability

Surrender in a Good-Guy Guaranty Means Unilateral Vacatur—Landlord Acceptance Not Required to Cut Off Guarantor Liability

Date: Oct 25, 2025
Surrender in a Good-Guy Guaranty Means Unilateral Vacatur—Landlord Acceptance Not Required to Cut Off Guarantor Liability Case: 1995 CAM LLC v. West Side Advisors, LLC, 2025 NY Slip Op 05782 (N.Y....
Minimal Efforts Are Not Diligent Efforts: The New York Court of Appeals Elevates Language-Access and Tailored-Services Obligations Before Terminating Parental Rights

Minimal Efforts Are Not Diligent Efforts: The New York Court of Appeals Elevates Language-Access and Tailored-Services Obligations Before Terminating Parental Rights

Date: Oct 25, 2025
Minimal Efforts Are Not Diligent Efforts: The New York Court of Appeals Elevates Language-Access and Tailored-Services Obligations Before Terminating Parental Rights Introduction In Matter of K.Y.Z....
No Blanket Attorney‑Client Privilege for OCA-to‑Judge Guidance Under FOIL: Document‑Specific Showing Required

No Blanket Attorney‑Client Privilege for OCA-to‑Judge Guidance Under FOIL: Document‑Specific Showing Required

Date: Oct 25, 2025
No Blanket Attorney‑Client Privilege for OCA‑to‑Judge Guidance Under FOIL: Document‑Specific Showing Required Introduction In Matter of New York Civil Liberties Union v. New York State Office of...
Wagner v. NYC DOE: Separating “Reasonably Described” from “Reasonable Effort” under New York’s FOIL for Electronic Records

Wagner v. NYC DOE: Separating “Reasonably Described” from “Reasonable Effort” under New York’s FOIL for Electronic Records

Date: Oct 24, 2025
Wagner v. NYC DOE: Separating “Reasonably Described” from “Reasonable Effort” under New York’s FOIL for Electronic Records Matter of Wagner v. New York City Department of Education, 2025 NY Slip Op...
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