defendant& Case Commentaries

Claim Preclusion Applies to Malpractice Claims Against Opposing Counsel as Privies When Based on the Same Transaction: Commentary on Zirvi v. Illumina, Inc. (3d Cir. 2025)

Date: Oct 31, 2025

Claim Preclusion Applies to Malpractice Claims Against Opposing Counsel as Privies When Based on the Same Transaction: Commentary on Zirvi v. Illumina, Inc. (3d Cir. 2025) Introduction In this...

Compassionate Release Is Not a Backdoor § 2255: Third Circuit Clarifies Limits on Ruan-Based Trial Error, Parental Caregiving, and Medical Hardship

Date: Oct 31, 2025

Compassionate Release Is Not a Backdoor § 2255: Third Circuit Clarifies Limits on Ruan-Based Trial Error, Parental Caregiving, and Medical Hardship Case: United States v. William O’Brien, III, No....

Belknap v. Spinks: Clearly Established Bar on Housing Known‑Suicidal Detainees with Loose Bedding and Tie‑Off Points; No Deliberate‑Indifference Claim for Failure to Render Aid Absent Belief of Rescuability

Date: Oct 31, 2025

Belknap v. Spinks: Clearly Established Bar on Housing Known‑Suicidal Detainees with Loose Bedding and Tie‑Off Points; No Deliberate‑Indifference Claim for Failure to Render Aid Absent Belief of...

Manageable Lines and Cost Causation: Fifth Circuit Clarifies NEPA Scope and Predeterminations under the Natural Gas Act

Date: Oct 31, 2025

Manageable Lines and Cost Causation: Fifth Circuit Clarifies NEPA Scope and Predeterminations under the Natural Gas Act Introduction In Columbia Riverkeeper v. FERC, Nos. 24-60002, 24-60197,...

Managing NEPA’s “Manageable Line” and Immediate Review of FERC Predetermination Denials: The Fifth Circuit’s Framework in Gas Transmission NW v. FERC

Date: Oct 31, 2025

Managing NEPA’s “Manageable Line” and Immediate Review of FERC Predetermination Denials: The Fifth Circuit’s Framework in Gas Transmission NW v. FERC Introduction In Gas Transmission NW v. FERC (5th...

No Presumption of Rolled‑In Rates for Oversized § 2.55(b) Replacements; Fifth Circuit Endorses FERC’s “Manageable Line” NEPA Scope After Seven County

Date: Oct 31, 2025

No Presumption of Rolled‑In Rates for Oversized § 2.55(b) Replacements; Fifth Circuit Endorses FERC’s “Manageable Line” NEPA Scope After Seven County Introduction This consolidated Fifth Circuit...

Church Autonomy as Structural Immunity—Not Rule 12(b)(1)—and Its Application to Non‑Hierarchical Ministries and Third‑Party Interference: Commentary on McRaney v. North American Mission Board (5th Cir. Oct. 28, 2025)

Date: Oct 31, 2025

Church Autonomy as Structural Immunity—Not Rule 12(b)(1)—and Its Application to Non‑Hierarchical Ministries and Third‑Party Interference: Commentary on McRaney v. North American Mission Board (5th...

CTR-Compliance Delays Are Not § 1981 Contract Impairment; Unpreserved Qualified-Immunity Challenges Reviewed Only for Plain Error — Randle v. PNC Financial (5th Cir. 2025)

Date: Oct 31, 2025

CTR-Compliance Delays Are Not § 1981 Contract Impairment; Unpreserved Qualified-Immunity Challenges Reviewed Only for Plain Error — Randle v. PNC Financial (5th Cir. 2025) Court: United States Court...

NEPA’s “Manageable Line,” § 2.55(b) Replacements, and Rolled‑In Rate Predeterminations: The Fifth Circuit’s Framework in State of Washington v. FERC (GTN Xpress)

Date: Oct 31, 2025

NEPA’s “Manageable Line,” § 2.55(b) Replacements, and Rolled‑In Rate Predeterminations: The Fifth Circuit’s Framework in State of Washington v. FERC (GTN Xpress) Introduction In State of Washington...

Fifth Circuit Holds § 2422(b) “Sexual Activity” Includes Nonphysical Conduct, Affirming Attempted Coercion to Produce Lascivious Images

Date: Oct 31, 2025

Fifth Circuit Holds § 2422(b) “Sexual Activity” Includes Nonphysical Conduct, Affirming Attempted Coercion to Produce Lascivious Images Introduction United States v. Jimenez, No. 24-40703 (5th Cir....

Order-by-Order CSA Compliance and Monetary Abatement: Fourth Circuit Holds Opioid Distribution Can Constitute a Public Nuisance Under West Virginia Law

Date: Oct 31, 2025

Order-by-Order CSA Compliance and Monetary Abatement: Fourth Circuit Holds Opioid Distribution Can Constitute a Public Nuisance Under West Virginia Law Case: City of Huntington, West Virginia &...

West Virginia Public Nuisance Law Embraces Opioid Distribution Claims and Permits Monetary Abatement: City of Huntington v. AmerisourceBergen (4th Cir. 2025)

Date: Oct 31, 2025

West Virginia Public Nuisance Law Embraces Opioid Distribution Claims and Permits Monetary Abatement: City of Huntington v. AmerisourceBergen (4th Cir. 2025) Introduction In City of Huntington, West...

The “Middle Ground” Standard for Medical Rebuttal: Fourth Circuit Upholds ALJ’s Use of the 2000 Preamble as Guidance and Requires Individualized, Literature-Grounded Expert Opinions in Black Lung Cases

Date: Oct 31, 2025

The “Middle Ground” Standard for Medical Rebuttal: Fourth Circuit Upholds ALJ’s Use of the 2000 Preamble as Guidance and Requires Individualized, Literature-Grounded Expert Opinions in Black Lung...

No Advisory Opinions After Supervision Ends; PLRA Screenings Must Distinguish Absolute vs. Qualified Immunity and Substantive vs. Procedural Due Process (Crowder v. Herman)

Date: Oct 31, 2025

No Advisory Opinions After Supervision Ends; PLRA Screenings Must Distinguish Absolute vs. Qualified Immunity and Substantive vs. Procedural Due Process Crowder v. Herman, No. 24-6674 (4th Cir. Oct....

Initial Arraignment Is the Sole Trigger for Automatic Judicial Substitution in Montana Criminal Cases

Date: Oct 31, 2025

Initial Arraignment Is the Sole Trigger for Automatic Judicial Substitution in Montana Criminal Cases Introduction In Caye v. Twentieth Judicial District Court (2025 MT 246), the Supreme Court of...

Basque (Mont. 2025): Denial of Venue Change in Parenting-Plan Enforcement Under Ends-of-Justice and Continuing Jurisdiction (Noncitable)

Date: Oct 31, 2025

Basque (Mont. 2025): Denial of Venue Change in Parenting-Plan Enforcement Under Ends-of-Justice and Continuing Jurisdiction (Noncitable) Introduction In In re the Marriage of Basque, 2025 MT 247N,...

No Lesser-Included: Montana High Court Holds Destruction of a Communication Device Is Not a Lesser-Included Offense of Evidence Tampering (State v. Carlson, 2025 MT 245)

Date: Oct 31, 2025

No Lesser-Included: Destruction of a Communication Device Is Not a Lesser-Included Offense of Evidence Tampering Case: State v. Taylor Jean Carlson, 2025 MT 245 (Mont. Oct. 28, 2025) Court: Supreme...

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...