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Self‑Evident Rationale and Reasonable‑Suspicion Digital Search Conditions on Supervised Release: The Second Circuit’s Affirmance in United States v. Miller

Self‑Evident Rationale and Reasonable‑Suspicion Digital Search Conditions on Supervised Release: The Second Circuit’s Affirmance in United States v. Miller

Date: Aug 31, 2025
Self‑Evident Rationale and Reasonable‑Suspicion Digital Search Conditions on Supervised Release: The Second Circuit’s Affirmance in United States v. Miller Note: This decision was issued as a Summary...
The Blocking-Date Rule: Second Circuit Holds TRIA “Agency or Instrumentality” Status Is Fixed as of the Date Assets Are Blocked, While Confirming FSIA Immunity for Central Bank Funds

The Blocking-Date Rule: Second Circuit Holds TRIA “Agency or Instrumentality” Status Is Fixed as of the Date Assets Are Blocked, While Confirming FSIA Immunity for Central Bank Funds

Date: Aug 31, 2025
The Blocking-Date Rule: Second Circuit Holds TRIA “Agency or Instrumentality” Status Is Fixed as of the Date Assets Are Blocked, While Confirming FSIA Immunity for Central Bank Funds Introduction...
Second Circuit Holds LoLA’s Six‑Month Deadline Is a Non‑Jurisdictional Claim‑Processing Rule; Untimely Petitions Must Be Dismissed Under Rule 12(b)(6)

Second Circuit Holds LoLA’s Six‑Month Deadline Is a Non‑Jurisdictional Claim‑Processing Rule; Untimely Petitions Must Be Dismissed Under Rule 12(b)(6)

Date: Aug 31, 2025
Second Circuit Holds LoLA’s Six‑Month Deadline Is a Non‑Jurisdictional Claim‑Processing Rule; Untimely Petitions Must Be Dismissed Under Rule 12(b)(6) Introduction This commentary analyzes the Second...
No Ratification Without Agreement to Be Bound: Second Circuit Clarifies Rule 17 in Trademark Suits and Limits Non‑Owner § 43(a) Standing When Enforcement Rights Are Assigned

No Ratification Without Agreement to Be Bound: Second Circuit Clarifies Rule 17 in Trademark Suits and Limits Non‑Owner § 43(a) Standing When Enforcement Rights Are Assigned

Date: Aug 31, 2025
No Ratification Without Agreement to Be Bound: Second Circuit Clarifies Rule 17 in Trademark Suits and Limits Non‑Owner § 43(a) Standing When Enforcement Rights Are Assigned Introduction In Ripple...
Brief-Detention Exception Clarified: Eleventh Circuit Allows Consideration of Uncommunicated Officer Knowledge to Uphold Warrant-Based Seizures for Qualified Immunity

Brief-Detention Exception Clarified: Eleventh Circuit Allows Consideration of Uncommunicated Officer Knowledge to Uphold Warrant-Based Seizures for Qualified Immunity

Date: Aug 31, 2025
Brief-Detention Exception Clarified: Eleventh Circuit Allows Consideration of Uncommunicated Officer Knowledge to Uphold Warrant-Based Seizures for Qualified Immunity Case: Brandon Joseph Phillips v....
Implicit Waiver of Counsel and the IJ’s Record-Development Duty: Eleventh Circuit Clarifies Due Process Baselines in Pro Se Removal Proceedings

Implicit Waiver of Counsel and the IJ’s Record-Development Duty: Eleventh Circuit Clarifies Due Process Baselines in Pro Se Removal Proceedings

Date: Aug 31, 2025
Implicit Waiver of Counsel and the IJ’s Record-Development Duty: Eleventh Circuit Clarifies Due Process Baselines in Pro Se Removal Proceedings Introduction In Keriekan Palmer v. U.S. Attorney...
Eleventh Circuit Clarifies: 28 U.S.C. § 1927 Does Not Reach Non‑Attorney Pro Se Litigants

Eleventh Circuit Clarifies: 28 U.S.C. § 1927 Does Not Reach Non‑Attorney Pro Se Litigants

Date: Aug 31, 2025
Eleventh Circuit Clarifies: 28 U.S.C. § 1927 Does Not Reach Non‑Attorney Pro Se Litigants Case: Laura Perryman v. Tarek Kiem, et al. (In re Micron Devices) Court: U.S. Court of Appeals for the...
Eleventh Circuit Clarifies: No § 7431 Liability Against Purely Private Actors Absent a Predicate § 6103/§ 6104(c) Violation

Eleventh Circuit Clarifies: No § 7431 Liability Against Purely Private Actors Absent a Predicate § 6103/§ 6104(c) Violation

Date: Aug 31, 2025
Eleventh Circuit Clarifies: No § 7431 Liability Against Purely Private Actors Absent a Predicate § 6103/§ 6104(c) Violation Case: Robert Winenger v. April Martin Lowry Court: United States Court of...
Waiver Means Tolling, Not Amnesty: Eleventh Circuit Clarifies Georgia Insurance Law on Suit-Limitation Waivers, “Prompt” Notice, and the Meaning of “Suspension” for Business-Income Coverage

Waiver Means Tolling, Not Amnesty: Eleventh Circuit Clarifies Georgia Insurance Law on Suit-Limitation Waivers, “Prompt” Notice, and the Meaning of “Suspension” for Business-Income Coverage

Date: Aug 31, 2025
Waiver Means Tolling, Not Amnesty: Eleventh Circuit Clarifies Georgia Insurance Law on Suit-Limitation Waivers, “Prompt” Notice, and the Meaning of “Suspension” for Business-Income Coverage...
Misplacing §1591(c)’s “Reasonable Opportunity to Observe” in Force-Based Sex-Trafficking Charges Is Surplusage; Invited Error Bars Review of Instructional Misstatements

Misplacing §1591(c)’s “Reasonable Opportunity to Observe” in Force-Based Sex-Trafficking Charges Is Surplusage; Invited Error Bars Review of Instructional Misstatements

Date: Aug 31, 2025
Misplacing §1591(c)’s “Reasonable Opportunity to Observe” in Force-Based Sex-Trafficking Charges Is Surplusage; Invited Error Bars Review of Instructional Misstatements Introduction This commentary...
No-Count Rule for Undated Mail Ballots Fails Anderson-Burdick: Third Circuit Requires Evidence-Backed Justifications for Even Minimal Voting Burdens

No-Count Rule for Undated Mail Ballots Fails Anderson-Burdick: Third Circuit Requires Evidence-Backed Justifications for Even Minimal Voting Burdens

Date: Aug 31, 2025
No-Count Rule for Undated Mail Ballots Fails Anderson-Burdick: Third Circuit Requires Evidence-Backed Justifications for Even Minimal Voting Burdens Case: Bette Eakin v. Adams County Board of...
No Eighth Amendment or ADA Violation Where Restrictive Housing of a Mentally Ill Inmate Is Tied to Specific Security Risks, Regular Review, Step‑Down Programming, and Ongoing Mental‑Health Care

No Eighth Amendment or ADA Violation Where Restrictive Housing of a Mentally Ill Inmate Is Tied to Specific Security Risks, Regular Review, Step‑Down Programming, and Ongoing Mental‑Health Care

Date: Aug 31, 2025
No Eighth Amendment or ADA Violation Where Restrictive Housing of a Mentally Ill Inmate Is Tied to Specific Security Risks, Regular Review, Step‑Down Programming, and Ongoing Mental‑Health Care...
The Services-and-Infrastructure Test: Third Circuit Clarifies FELA’s Reach and Excludes Urban Rapid Transit from “Railroad” Status

The Services-and-Infrastructure Test: Third Circuit Clarifies FELA’s Reach and Excludes Urban Rapid Transit from “Railroad” Status

Date: Aug 31, 2025
The Services-and-Infrastructure Test: Third Circuit Clarifies FELA’s Reach and Excludes Urban Rapid Transit from “Railroad” Status Introduction This precedential decision from the U.S. Court of...
Particularity by Incorporation and the Seizure–Search Divide for Digital Devices: Lessons from Shotwell v. Delaware DSHS (3d Cir. 2025)

Particularity by Incorporation and the Seizure–Search Divide for Digital Devices: Lessons from Shotwell v. Delaware DSHS (3d Cir. 2025)

Date: Aug 31, 2025
Particularity by Incorporation and the Seizure–Search Divide for Digital Devices: Lessons from Shotwell v. Delaware DSHS (3d Cir. 2025) Court: U.S. Court of Appeals for the Third Circuit...
Third Circuit Cabins CFAA to Code‑Based Hacking and Holds Passwords Are Not Trade Secrets: Commentary on NRA Group LLC v. Durenleau

Third Circuit Cabins CFAA to Code‑Based Hacking and Holds Passwords Are Not Trade Secrets: Commentary on NRA Group LLC v. Durenleau

Date: Aug 31, 2025
Third Circuit Cabins CFAA to Code‑Based Hacking and Holds Passwords Are Not Trade Secrets Introduction In a precedential opinion with wide‑ranging consequences for computer‑misuse and trade secret...
Victim Identification Trumps Recantation and Officer Subjectivity in Probable Cause Analysis: Commentary on Tim Burton v. Marc Ziegler (3d Cir. 2025)

Victim Identification Trumps Recantation and Officer Subjectivity in Probable Cause Analysis: Commentary on Tim Burton v. Marc Ziegler (3d Cir. 2025)

Date: Aug 31, 2025
Victim Identification Trumps Recantation and Officer Subjectivity in Probable Cause Analysis: Commentary on Tim Burton v. Marc Ziegler (3d Cir. 2025) Court: United States Court of Appeals for the...
Insanity-Based Challenges to Guideline Cross-References Require Persuasive Proof; Prolonged Non‑Extreme Flight Supports §3C1.2; Minute Entries Can Establish Valid Waiver for Uncounseled Misdemeanors

Insanity-Based Challenges to Guideline Cross-References Require Persuasive Proof; Prolonged Non‑Extreme Flight Supports §3C1.2; Minute Entries Can Establish Valid Waiver for Uncounseled Misdemeanors

Date: Aug 31, 2025
Insanity-Based Challenges to Guideline Cross-References Require Persuasive Proof; Prolonged Non‑Extreme Flight Supports §3C1.2; Minute Entries Can Establish Valid Waiver for Uncounseled Misdemeanors...
PPIA Preemption Requires a Food‑Safety Nexus: Fifth Circuit Preserves Workplace COVID‑19 Negligence Claims Against Tyson While Rejecting Individual Coworker Duty

PPIA Preemption Requires a Food‑Safety Nexus: Fifth Circuit Preserves Workplace COVID‑19 Negligence Claims Against Tyson While Rejecting Individual Coworker Duty

Date: Aug 31, 2025
PPIA Preemption Requires a Food‑Safety Nexus: Fifth Circuit Preserves Workplace COVID‑19 Negligence Claims Against Tyson While Rejecting Individual Coworker Duty Introduction In Williams v. Wingrove,...
No Strict Scrutiny for Neutral, Non‑Curricular School Policies: Sixth Circuit Narrows Mahmoud v. Taylor and Clarifies Mootness-Damages Split

No Strict Scrutiny for Neutral, Non‑Curricular School Policies: Sixth Circuit Narrows Mahmoud v. Taylor and Clarifies Mootness-Damages Split

Date: Aug 31, 2025
No Strict Scrutiny for Neutral, Non‑Curricular School Policies: Sixth Circuit Narrows Mahmoud v. Taylor and Clarifies Mootness-Damages Split Introduction This commentary analyzes the Sixth Circuit’s...
No Adverse Effect Means No Longevity Risk Shift: Eleventh Circuit bars lump-sum terminations of top hat defined-benefit plans that reduce any participant’s lifetime annuity (Hoak v. NCR)

No Adverse Effect Means No Longevity Risk Shift: Eleventh Circuit bars lump-sum terminations of top hat defined-benefit plans that reduce any participant’s lifetime annuity (Hoak v. NCR)

Date: Aug 31, 2025
No Adverse Effect Means No Longevity Risk Shift: Eleventh Circuit bars lump-sum terminations of top hat defined-benefit plans that reduce any participant’s lifetime annuity (Hoak v. NCR) Introduction...
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