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Authority to Withdraw Funds Equals Pecuniary Interest: Second Circuit Affirms §16(b) Disgorgement and Endorses IRS Underpayment Rate for Prejudgment Interest

Date: Oct 30, 2025

Authority to Withdraw Funds Equals Pecuniary Interest: Second Circuit Affirms §16(b) Disgorgement and Endorses IRS Underpayment Rate for Prejudgment Interest Case: Avalon Holdings Corp. v. Gentile,...

Second Circuit Reaffirms Strict Rule 8 Enforcement and Accepts COVID-19 Testing as Reasonable Religious Accommodation (Nonprecedential)

Date: Oct 30, 2025

Second Circuit Reaffirms Strict Rule 8 Enforcement and Accepts COVID-19 Testing as Reasonable Religious Accommodation (Nonprecedential) Case: Johnson v. Starwood Hotels & Resorts Worldwide, LLC...

Second Circuit Clarifies Revocation Sentencing: Undisputed Probation Facts and Similarity to Prior Offense Can Support an Upward Variance; Retribution for the Underlying Conviction Remains Off-Limits Post‑Esteras

Date: Oct 30, 2025

Second Circuit Clarifies Revocation Sentencing: Undisputed Probation Facts and Similarity to Prior Offense Can Support an Upward Variance; Retribution for the Underlying Conviction Remains Off-Limits...

Insurrection Under War-Risk Policies Includes Acts by a De Facto Regime Against the U.S.-Recognized Government; “Arising From” Requires But-For Causation

Date: Oct 30, 2025

Insurrection Under War-Risk Policies Includes Acts by a De Facto Regime Against the U.S.-Recognized Government; “Arising From” Requires But-For Causation Introduction In CITGO Petroleum Corp. v....

Reiterated Objections Require De Novo Review: The Second Circuit Clarifies “Proper Objections” to Magistrate Judge R&Rs in Nambiar v. The Central Orthopedic Group, LLP

Date: Oct 30, 2025

Reiterated Objections Require De Novo Review: The Second Circuit Clarifies “Proper Objections” to Magistrate Judge R&Rs in Nambiar v. The Central Orthopedic Group, LLP Introduction In this...

Intervening Misconduct Severs Retaliation Causation and Threadbare § 1981 Pleadings Fail: A Commentary on Goolsby v. City of Monroe (11th Cir.)

Date: Oct 30, 2025

Intervening Misconduct Severs Retaliation Causation and Threadbare § 1981 Pleadings Fail: Eleventh Circuit in Goolsby v. City of Monroe Introduction In Alicia Goolsby v. City of Monroe, the Eleventh...

Simultaneous Miranda Warnings Are Valid If Reasonably Conveyed; Sixth Circuit Reaffirms Post‑Bruen Constitutionality of § 922(g)(1) and § 924(c), and Tightens Recantation-Based New Trial Relief

Date: Oct 30, 2025

Simultaneous Miranda Warnings Are Valid If Reasonably Conveyed; Sixth Circuit Reaffirms Post‑Bruen Constitutionality of § 922(g)(1) and § 924(c), and Tightens Recantation-Based New Trial Relief Case:...

Terse §3553(a) Explanations and Anticipated State Revocation Consecutive Orders: Sixth Circuit Affirms Sentencing Discretion Under Setser and U.S.S.G. §5G1.3(d)

Date: Oct 30, 2025

Terse §3553(a) Explanations and Anticipated State Revocation Consecutive Orders: Sixth Circuit Affirms Sentencing Discretion Under Setser and U.S.S.G. §5G1.3(d) Introduction In United States v....

Clear-Error Review Governs Threat-Based Obstruction Enhancements Under § 3C1.1; Corroborated, Present-Tense CI Tips Sustain Home Search Warrants

Date: Oct 30, 2025

Clear-Error Review Governs Threat-Based Obstruction Enhancements Under § 3C1.1; Corroborated, Present-Tense CI Tips Sustain Home Search Warrants Introduction In United States v. Jarrett Howard (6th...

No Chevron Needed: DEA Registration Does Not Immunize Practitioners from § 841(a); Sixth Circuit Affirms Ruan Knowledge Can Be Proven Circumstantially in Pregnant-Patient Prescribing

Date: Oct 30, 2025

No Chevron Needed: DEA Registration Does Not Immunize Practitioners from § 841(a); Sixth Circuit Affirms Ruan Knowledge Can Be Proven Circumstantially in Pregnant-Patient Prescribing Case: United...

Tenth Circuit: Technical Service Defects Cannot Thwart Merits; APA Review Requires Federal Final Agency Action — Miller v. USDA

Date: Oct 30, 2025

Tenth Circuit: Technical Service Defects Cannot Thwart Merits; APA Review Requires Federal Final Agency Action — Miller v. USDA Introduction In Miller v. USDA, No. 24-6252 (10th Cir. Oct. 28, 2025),...

Tenth Circuit Clarifies: DOL Wage Complaints Do Not Toll Discrimination Filing Deadlines; Retaliation Requires Harm Beyond Consequences of a Physician’s Self‑Reporting Duty

Date: Oct 30, 2025

Tenth Circuit Clarifies: DOL Wage Complaints Do Not Toll Discrimination Filing Deadlines; Retaliation Requires Harm Beyond Consequences of a Physician’s Self‑Reporting Duty Introduction In Saini v....

Tenth Circuit: Federal Kidnapping Is Not a “Crime of Violence” for § 3559(f)(2) Mandatory Minimums

Date: Oct 30, 2025

Tenth Circuit: Federal Kidnapping Is Not a “Crime of Violence” for § 3559(f)(2) Mandatory Minimums Introduction In United States v. Ford (10th Cir. Oct. 28, 2025), the Tenth Circuit resolved a...

Tenth Circuit clarifies Long protective-sweep reasonable suspicion: pre-approach “dramatic” movement, objectively grounded recent gang affiliation, and violent criminal history can, in combination, justify a vehicle sweep

Date: Oct 30, 2025

Tenth Circuit clarifies Long protective-sweep reasonable suspicion: pre-approach “dramatic” movement, objectively grounded recent gang affiliation, and violent criminal history can, in combination,...

Intent to Steal May Be Inferred from Social Media Planning and Forced Entry; Co‑Conspirator Messages Admissible with Independent Proof of Conspiracy

Date: Oct 30, 2025

Intent to Steal May Be Inferred from Social Media Planning and Forced Entry; Co‑Conspirator Messages Admissible with Independent Proof of Conspiracy Introduction This commentary examines the Wyoming...

No Private or Equitable Right to Preempt State Hemp Laws Under the 2018 Farm Bill: Tenth Circuit Upholds Wyoming’s Delta‑8 Restrictions

Date: Oct 30, 2025

No Private or Equitable Right to Preempt State Hemp Laws Under the 2018 Farm Bill: Tenth Circuit Upholds Wyoming’s Delta‑8 Restrictions Introduction In Green Room LLC v. State of Wyoming (10th Cir....

No § 1983 Preemption Right Under the 2018 Farm Bill; Tenth Circuit Upholds Wyoming’s Delta‑8/Synthetic Hemp Restrictions Against Dormant Commerce, Takings, and Vagueness Challenges

Date: Oct 30, 2025

No § 1983 Preemption Right Under the 2018 Farm Bill; Tenth Circuit Upholds Wyoming’s Delta‑8/Synthetic Hemp Restrictions Against Dormant Commerce, Takings, and Vagueness Challenges Introduction In...

Set-Aside Primary Results Create an “Inoperative” Nomination Filled by Party Committee Under N.J.S.A. 19:13-20; No Post-Election Special Primaries or Dual-Candidate Ballots

Date: Oct 30, 2025

Set-Aside Primary Results Create an “Inoperative” Nomination Filled by Party Committee Under N.J.S.A. 19:13-20; No Post-Election Special Primaries or Dual-Candidate Ballots Introduction This...

Evidence, Not Assumptions: Second Circuit’s Summary Order Clarifies “Least Intrusive Means” Proof Under the TCA and Upholds Coexistence of Vermont’s “Substantial Deference” with Federal “Substantial Evidence”

Date: Oct 30, 2025

Evidence, Not Assumptions: Second Circuit’s Summary Order Clarifies “Least Intrusive Means” Proof Under the TCA and Upholds Coexistence of Vermont’s “Substantial Deference” with Federal “Substantial...

Second Circuit Clarifies Probable Cause Across Undifferentiated Multi-Unit Homes and Upholds Brief Continued Presence During Search: Medina v. Stevens (Summary Order)

Date: Oct 30, 2025

Second Circuit Clarifies Probable Cause Across Undifferentiated Multi-Unit Homes and Upholds Brief Continued Presence During Search Case: Medina v. Stevens, No. 24-2968 (2d Cir. Oct. 27, 2025)...