affirmation-of-qualified-immunity-in-prisoners& Case Commentaries

No Pendent Review of Contract Formation and Merits-First Litigation Defaults Arbitration Rights: Sixth Circuit Clarifies FAA §16(a) Scope and §3 “Default” in Schnatter v. 247 Group

Date: Sep 11, 2025

No Pendent Review of Contract Formation and Merits-First Litigation Defaults Arbitration Rights: Sixth Circuit Clarifies FAA §16(a) Scope and §3 “Default” in Schnatter v. 247 Group Introduction In a...

Anonymity Without Gag Orders: Second Department Clarifies Limits on Speech Restraints and Pleading Particularity for Multimedia Defamation

Date: Sep 11, 2025

Anonymity Without Gag Orders: Second Department Clarifies Limits on Speech Restraints and Pleading Particularity for Multimedia Defamation Introduction In Doe v. Eliyas (2025 NY Slip Op 04876), the...

Disbarment as the Baseline for False Judicial Attacks and Ex Parte Contacts; Three-Year, Partially Deferred Suspension Where Misconduct Is Confined to the Courts — Commentary on In re Randazzo (La. 2025)

Date: Sep 11, 2025

Disbarment as the Baseline for False Judicial Attacks and Ex Parte Contacts; Three-Year, Partially Deferred Suspension Where Misconduct Is Confined to the Courts — Commentary on In re Randazzo (La....

Counting Pre‑Cooperation Buyers and Prior Suppliers as “Participants” Under U.S.S.G. § 3B1.1(b): United States v. Monroe (11th Cir. 2025)

Date: Sep 11, 2025

Counting Pre‑Cooperation Buyers and Prior Suppliers as “Participants” Under U.S.S.G. § 3B1.1(b): United States v. Monroe (11th Cir. 2025) Introduction In United States v. Lennard Rashard Monroe, a...

“Subdued” Does Not Mean “Handcuffed”: First Circuit Extends the Clearly Established Prohibition on Prone Compression to the Pre-Cuffing Phase

Date: Sep 11, 2025

“Subdued” Does Not Mean “Handcuffed”: First Circuit Extends the Clearly Established Prohibition on Prone Compression to the Pre-Cuffing Phase Introduction In Miller v. Roycroft, No. 24-1351 (1st Cir....

Refusal of OSHA Certified Mail Does Not Defeat Service: Alternative Delivery and Judicial Notice of Address Satisfy Due Process

Date: Sep 11, 2025

Refusal of OSHA Certified Mail Does Not Defeat Service: Alternative Delivery and Judicial Notice of Address Satisfy Due Process Introduction In Lori Chavez-DeRemer v. Elmer Miller d/b/a Miller...

NCMEC Is a Governmental Entity for Fourth Amendment Purposes, But ESP Hash-Matching Alone Does Not Make Providers Government Agents: A Comprehensive Commentary on United States v. Guard (2d Cir. 2025)

Date: Sep 11, 2025

NCMEC Is a Governmental Entity for Fourth Amendment Purposes, But ESP Hash-Matching Alone Does Not Make Providers Government Agents Comprehensive Commentary on United States v. Guard, No. 23-6886 (2d...

Accommodation Cannot Compel Illegality: Second Circuit Reaffirms that Title VII Does Not Require Employers to Violate State Vaccination Rules, and Uniform Mandates Do Not Support ADA “Regarded As” Claims

Date: Sep 11, 2025

Accommodation Cannot Compel Illegality: Second Circuit Reaffirms that Title VII Does Not Require Employers to Violate State Vaccination Rules, and Uniform Mandates Do Not Support ADA “Regarded As”...

Requesting FMLA Paperwork Is Not Protected Activity: West Virginia Supreme Court clarifies Harless retaliation and reinforces WVHRA prima facie and pretext standards

Date: Sep 11, 2025

Requesting FMLA Paperwork Is Not Protected Activity: West Virginia Supreme Court clarifies Harless retaliation and reinforces WVHRA prima facie and pretext standards Introduction In Cindy Linger-Long...

Principles, Not Twins: The Third Circuit’s Sensitive-Places Framework After Bruen and Rahimi — Koons v. Attorney General of New Jersey

Date: Sep 11, 2025

Principles, Not Twins: The Third Circuit’s Sensitive-Places Framework After Bruen and Rahimi Commentary on Koons v. Attorney General New Jersey (3d Cir. Sept. 10, 2025) Introduction In Koons v....

Addressing the Central Thesis Suffices: Fourth Circuit Reaffirms Minimal Explanation and Harmless Error for Consecutive Revocation Sentences

Date: Sep 11, 2025

Addressing the Central Thesis Suffices: Fourth Circuit Reaffirms Minimal Explanation and Harmless Error for Consecutive Revocation Sentences Introduction This commentary analyzes the Fourth Circuit’s...

Internal Affairs, Not Foreign Receivers, Controls Bankruptcy Authority; Product‑Line Successor Claims Are Property of the Estate — A Comprehensive Commentary on In re Whittaker Clark & Daniels, Inc. (3d Cir. 2025)

Date: Sep 11, 2025

Internal Affairs, Not Foreign Receivers, Controls Bankruptcy Authority; Product‑Line Successor Claims Are Property of the Estate A comprehensive commentary on In re Whittaker Clark & Daniels, Inc.,...

Differential Diagnosis Endorsed for Abusive Head Trauma: Nevada Affirms Physician Causation Testimony Without Biomechanical Expertise and Clarifies Limits on Juror-Impeachment and Prosecutorial Comment

Date: Sep 11, 2025

Differential Diagnosis Endorsed for Abusive Head Trauma: Nevada Affirms Physician Causation Testimony Without Biomechanical Expertise and Clarifies Limits on Juror-Impeachment and Prosecutorial...

Deemed‑Admitted Noncooperation and Failure to Return Client File Warrant a One‑Year‑and‑One‑Day Suspension: In re Tristan Patrick Gilley

Date: Sep 11, 2025

Deemed‑Admitted Noncooperation and Failure to Return Client File Warrant a One‑Year‑and‑One‑Day Suspension: In re Tristan Patrick Gilley Introduction In In re: Tristan Patrick Gilley, No. 2025-B-0713...

Spears v. Frame: Habeas Orders Must Contain Petitioner-Specific Findings; Incorporating a Co‑Defendant’s Findings Is Insufficient for Meaningful Appellate Review

Date: Sep 11, 2025

Spears v. Frame: Habeas Orders Must Contain Petitioner-Specific Findings; Incorporating a Co‑Defendant’s Findings Is Insufficient for Meaningful Appellate Review Court: Supreme Court of Appeals of...

Rule 35(b) in West Virginia: No Entitlement to Appointed Experts and Concise Orders Can Suffice — State v. Jeffery (W. Va. Sept. 10, 2025)

Date: Sep 11, 2025

Rule 35(b) in West Virginia: No Entitlement to Appointed Experts and Concise Orders Can Suffice — State v. Jeffery Introduction In State of West Virginia v. Joey Keith Jeffery, No. 23-538 (Kanawha...

Eleventh Circuit Clarifies PLRA “Three-Strikes”: Jurisdictional Dismissals and Prior § 1915(g) Dismissals Do Not Count Absent an Express Failure-to-State-a-Claim Basis

Date: Sep 11, 2025

Eleventh Circuit Clarifies PLRA “Three-Strikes”: Jurisdictional Dismissals and Prior § 1915(g) Dismissals Do Not Count Absent an Express Failure-to-State-a-Claim Basis Case: George Walter Brewster,...

Device‑Location Data Is CPNI Under § 222: Second Circuit Upholds FCC Forfeiture and Clarifies Seventh Amendment Path via § 504(a)

Date: Sep 11, 2025

Device‑Location Data Is CPNI Under § 222: Second Circuit Upholds FCC Forfeiture and Clarifies Seventh Amendment Path via § 504(a) Introduction This commentary analyzes the Second Circuit’s decision...

For Pre‑2021 Asylum Filings, Past Persecution Triggers a Presumption that Internal Relocation Is Unreasonable—Burden Rests with DHS (Sahni v. Bondi)

Date: Sep 11, 2025

For Pre‑2021 Asylum Filings, Past Persecution Triggers a Presumption that Internal Relocation Is Unreasonable—Burden Rests with DHS (Sahni v. Bondi) Introduction This commentary analyzes the Second...

Pretext Turns on the Decisionmaker’s Actual Belief; Temporal Proximity Alone Cannot Overcome Documented, Pre‑Existing Nonrenewal Plans

Date: Sep 11, 2025

Pretext Turns on the Decisionmaker’s Actual Belief; Temporal Proximity Alone Cannot Overcome Documented, Pre‑Existing Nonrenewal Plans Introduction In this unpublished decision, the Fourth Circuit...

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