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Reaffirming Broad Discretion to Weigh Prior Sentences in Upward Variances: United States v. Carmel Linot (11th Cir. 2025)

Date: Oct 28, 2025

Reaffirming Broad Discretion to Weigh Prior Sentences in Upward Variances Under § 3553(a): United States v. Carmel Linot Court: U.S. Court of Appeals for the Eleventh Circuit Date: October 24, 2025...

Guidelines as Starting Point; Public Protection as Dominant Factor: Eleventh Circuit Affirms Substantial Upward Variance for §1470 Despite Mandatory §2260A Term

Date: Oct 28, 2025

Guidelines as Starting Point; Public Protection as Dominant Factor: Eleventh Circuit Affirms Substantial Upward Variance for §1470 Despite Mandatory §2260A Term Introduction In United States v. Imran...

Third Circuit Declines En Banc Review, Leaving Intact Anderson–Burdick Invalidation of Pennsylvania’s Mail‑In Ballot Date Requirement Despite New State Notice‑and‑Cure Mandate

Date: Oct 28, 2025

Third Circuit Declines En Banc Review, Leaving Intact Anderson–Burdick Invalidation of Pennsylvania’s Mail‑In Ballot Date Requirement Despite New State Notice‑and‑Cure Mandate Case: Bette Eakin v....

Parker v. NJMVC: Essential Eligibility Controls Title II and §504; No Pre‑Deprivation Hearing Required for Safety‑Driven CDL Passenger/School‑Bus Endorsement Revocations

Date: Oct 28, 2025

Parker v. NJMVC: Essential Eligibility Controls Title II and §504; No Pre‑Deprivation Hearing Required for Safety‑Driven CDL Passenger/School‑Bus Endorsement Revocations Introduction In a...

Post-Answer Rule 12(b)(6) Motions Permissible as Rule 12(c); Preliminary-Injunction Denials Do Not Make Amendment Futile — Oxford House, Inc. v. Township of North Bergen (3d Cir. 2025)

Date: Oct 28, 2025

Post-Answer Rule 12(b)(6) Motions Permissible as Rule 12(c); Preliminary-Injunction Denials Do Not Make Amendment Futile — Oxford House, Inc. v. Township of North Bergen (3d Cir. 2025) Introduction...

United States v. Hernandez-Adame: Fifth Circuit Confirms that “Entry” Under § 1326 Requires Freedom from Official Restraint, but Treats It as a Definitional Concept Within Trial Courts’ Instructional Discretion

Date: Oct 28, 2025

United States v. Hernandez-Adame: Fifth Circuit Confirms that “Entry” Under § 1326 Requires Freedom from Official Restraint, but Treats It as a Definitional Concept Within Trial Courts’ Instructional...

No Federal Power to Compel Arbitration of Ongoing State Probate Asset Proceedings: The Sixth Circuit’s “Look‑Through plus In‑Rem” Bar under FAA § 4

Date: Oct 28, 2025

No Federal Power to Compel Arbitration of Ongoing State Probate Asset Proceedings: The Sixth Circuit’s “Look‑Through plus In‑Rem” Bar under FAA § 4 Introduction In Amos C. Johnson, M.D., and Johnson...

No Clearly Established Right of Public Access to Quasi‑Judicial Tax Hearings: Sixth Circuit Grants Qualified Immunity in Hicks v. Crowley

Date: Oct 28, 2025

No Clearly Established Right of Public Access to Quasi‑Judicial Tax Hearings: Sixth Circuit Grants Qualified Immunity in Hicks v. Crowley Court: U.S. Court of Appeals for the Sixth Circuit Date:...

Effective Preventive Measures Defeat Constructive Notice: Sixth Circuit Affirms No Duty Absent Foreseeability of a “General Condition” in Tennessee Premises Liability

Date: Oct 28, 2025

Effective Preventive Measures Defeat Constructive Notice: Sixth Circuit Affirms No Duty Absent Foreseeability of a “General Condition” in Tennessee Premises Liability Introduction In Patrick Penn &...

Kosher Complaints Must Follow Prison Verification Rules; Sporadic Errors Do Not Clearly Violate Free Exercise: Sixth Circuit Affirms Qualified Immunity in Blanton v. Histed

Date: Oct 28, 2025

Kosher Complaints Must Follow Prison Verification Rules; Sporadic Errors Do Not Clearly Violate Free Exercise: Sixth Circuit Affirms Qualified Immunity in Blanton v. Histed Court: United States Court...

Payment Logistics, Not Testing Frequency: Fourth Circuit Clarifies Permissible Probation Roles in Drug-Testing Conditions on Supervised Release

Date: Oct 28, 2025

Payment Logistics, Not Testing Frequency: Fourth Circuit Clarifies Permissible Probation Roles in Drug-Testing Conditions on Supervised Release Introduction In United States v. Kevin Jamal Jones, No....

Tenth Circuit Clarifies: Post‑Judgment Discovery That Attacks the Merits Is a Successive § 2254 Petition Requiring § 2244(b) Authorization and a COA

Date: Oct 28, 2025

Tenth Circuit Clarifies: Post‑Judgment Discovery That Attacks the Merits Is a Successive § 2254 Petition Requiring § 2244(b) Authorization and a COA Introduction In Johnson v. Patton, No. 25-6084...

Deliberate Indifference to Prolonged Loss of Potable Water Can Shock the Conscience: First Circuit Revives Morovis Water Crisis Suit

Date: Oct 28, 2025

Deliberate Indifference to Prolonged Loss of Potable Water Can Shock the Conscience: First Circuit Revives Morovis Water Crisis Suit Introduction In Maldonado-González v. Puerto Rico Aqueduct & Sewer...

United States v. Castillo: No Outrageous Misconduct for U.S.-Led Foreign Arrests; Pen Register Metadata Is Non‑Hearsay

Date: Oct 28, 2025

United States v. Castillo: No Outrageous Misconduct for U.S.-Led Foreign Arrests; Pen Register Metadata Is Non‑Hearsay Introduction In United States v. Castillo, the First Circuit affirmed the...

Triple Waiver and No-Prejudice Variance: The First Circuit’s Reinforcement of Preservation Rules in United States v. Paredes

Date: Oct 28, 2025

Triple Waiver and No-Prejudice Variance: The First Circuit’s Reinforcement of Preservation Rules in United States v. Paredes Introduction This commentary analyzes the First Circuit’s unpublished...

Edwards v. Lane: Idaho Supreme Court Confirms Abuse-of-Discretion Review for Trustee Removal and Strict Appellate Briefing Requirements (with Fee-Shifting for Frivolous Appeals)

Date: Oct 28, 2025

Edwards v. Lane: Abuse-of-Discretion Review Governs Trustee Removal; Appellate Waiver for Inadequate Briefing Triggers Fees Court: Idaho Supreme Court | Date: October 23, 2025 | Docket No.: 51237...

Sentencing courts retain authority to impose incarceration fees after the 2022 amendment to KRS 441.265; evidentiary limits on a defendant’s case-in-chief must still be assessed for harmlessness; “bare-bones” but differentiating jury instructions satisfy unanimity

Date: Oct 28, 2025

Sentencing courts retain authority to impose incarceration fees after the 2022 amendment to KRS 441.265; evidentiary limits on a defendant’s case-in-chief must still be assessed for harmlessness;...

Mistaken Belief of Authorization Negates Burglary Mens Rea: The Kentucky Supreme Court’s Unpublished Decision in McVey

Date: Oct 28, 2025

Mistaken Belief of Authorization Negates Burglary Mens Rea: The Kentucky Supreme Court’s Unpublished Decision in McVey Case: Charles J. McVey v. Commonwealth of Kentucky Court: Supreme Court of...

ALJs Must Certify the Correct Workers’ Compensation Carrier After a Changed Exposure Date: Insurers Have Standing Without Formal Joinder and Statutory Duties Trump Equitable Defenses

Date: Oct 28, 2025

ALJs Must Certify the Correct Workers’ Compensation Carrier After a Changed Exposure Date: Insurers Have Standing Without Formal Joinder and Statutory Duties Trump Equitable Defenses Introduction In...

Perkins v. North American Stainless: Kentucky Supreme Court Adopts a Three‑Prong Test for Workers’ Compensation Claims Involving Communicable Diseases

Date: Oct 28, 2025

Perkins v. North American Stainless: Kentucky Supreme Court Adopts a Three‑Prong Test for Workers’ Compensation Claims Involving Communicable Diseases Introduction In Estate of Kyle Perkins by Megan...

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