federal Case Commentaries

Independent Warrant Analysis Required for Ride‑Hail App Searches During Traffic Stops: Second Circuit’s Nonprecedential Reminder in Etere v. Nassau County

Date: Oct 9, 2025

Independent Warrant Analysis Required for Ride‑Hail App Searches During Traffic Stops: Second Circuit’s Nonprecedential Reminder in Etere v. Nassau County Introduction In Etere v. Nassau County (No....

No Clearly Established Right to Proximity-Based Religious Accommodation in Prison Laundry: Tripathy v. Lockwood (2d Cir. 2025 Summary Order)

Date: Oct 9, 2025

No Clearly Established Right to Proximity-Based Religious Accommodation in Prison Laundry: Tripathy v. Lockwood (2d Cir. 2025 Summary Order) Introduction This commentary analyzes the Second Circuit’s...

Reaffirming Individualized Justifications Yet Affirming via Plain-Error Narrow Constructions: The Second Circuit’s Approach to Special Supervised Release Conditions in United States v. Schloss

Date: Oct 9, 2025

Reaffirming Individualized Justifications Yet Affirming via Plain-Error Narrow Constructions: The Second Circuit’s Approach to Special Supervised Release Conditions in United States v. Schloss...

Fee-Shifting After Remand: Second Circuit Confirms § 1447(c) Awards in “Unusual Circumstances” and Permits Post-Precedent Reasonableness Assessment

Date: Oct 9, 2025

Fee-Shifting After Remand: Second Circuit Confirms § 1447(c) Awards in “Unusual Circumstances” and Permits Post-Precedent Reasonableness Assessment Introduction In City of New York v. Exxon Mobil...

“#1 Brand” Claims Under the Lanham Act: The Second Circuit Clarifies That Literal Falsity Requires an Unambiguous Consumer Meaning When “Brand” May Refer to Parent or Product Lines

Date: Oct 9, 2025

“#1 Brand” Claims Under the Lanham Act: The Second Circuit Clarifies That Literal Falsity Requires an Unambiguous Consumer Meaning When “Brand” May Refer to Parent or Product Lines Introduction In...

Eleventh Circuit Clarifies: After One Instructed Repleader and Explicit Warnings, Pro Se Shotgun Pleadings May Be Dismissed With Prejudice Under Rule 41(b)

Date: Oct 9, 2025

Eleventh Circuit Clarifies: After One Instructed Repleader and Explicit Warnings, Pro Se Shotgun Pleadings May Be Dismissed With Prejudice Under Rule 41(b) Introduction In this unpublished, per...

Conditional Intent, Short Stays, and Tourist Visas: Eleventh Circuit Clarifies Habitual Residence and Harmless-Error Review in ICARA Cases

Date: Oct 9, 2025

Conditional Intent, Short Stays, and Tourist Visas: Eleventh Circuit Clarifies Habitual Residence and Harmless-Error Review in ICARA Cases Introduction In Forest Lee v. Tiffany Curcio, No. 25-11835...

Eleventh Circuit Clarifies FDCPA Limits: State‑Mandated Nonjudicial Foreclosure Notices Do Not Create “Debt Collector” Status; § 1692f(6) Requires Absence of a Present Right to Possession

Date: Oct 9, 2025

Eleventh Circuit Clarifies FDCPA Limits: State‑Mandated Nonjudicial Foreclosure Notices Do Not Create “Debt Collector” Status; § 1692f(6) Requires Absence of a Present Right to Possession...

“Play ALJ, Not Doctor”: Eleventh Circuit Affirms ALJ’s Authority Under Post‑2017 SSA Regulations to Reject Medical Opinion Limitations Based on Supportability and Consistency

Date: Oct 9, 2025

“Play ALJ, Not Doctor”: Eleventh Circuit Affirms ALJ’s Authority Under Post‑2017 SSA Regulations to Reject Medical Opinion Limitations Based on Supportability and Consistency Case: Marta Rivera v....

Independent Obligations Under California Law Do Not Excuse Self‑Help Termination; Good‑Faith Amount‑in‑Controversy Pleading Controls Diversity Jurisdiction

Date: Oct 9, 2025

Independent Obligations Under California Law Do Not Excuse Self‑Help Termination; Good‑Faith Amount‑in‑Controversy Pleading Controls Diversity Jurisdiction Case: Music Royalty Consulting, Inc. v....

Eleventh Circuit Reaffirms Two Gatekeepers: Specific, Merits-Based Grounds Are Required to Withdraw Rule 36 Admissions, and FCRA §1681s‑2(b) Claims Fail Absent Proof of Inaccuracy—No Right to an Oral Hearing on Summary Judgment

Date: Oct 9, 2025

Eleventh Circuit Reaffirms Two Gatekeepers: Specific, Merits-Based Grounds Are Required to Withdraw Rule 36 Admissions, and FCRA §1681s‑2(b) Claims Fail Absent Proof of Inaccuracy—No Right to an Oral...

No Plain Error in Dual Lay–Expert Agent Narrative; Express Assent Invokes Invited-Error Bar to Modified Allen Charge — United States v. Kentrail Brown (11th Cir. 2025)

Date: Oct 9, 2025

No Plain Error in Dual Lay–Expert Agent Narrative; Express Assent Invokes Invited-Error Bar to Modified Allen Charge — United States v. Kentrail Brown (11th Cir. 2025) Introduction In United States...

Appeal Waivers Enforced, Rule 11 Factual-Basis Challenges Allowed, and “Protective” Gun Possession Suffices for § 924(c)’s “In Furtherance” Element: Commentary on United States v. Elbert (11th Cir. 2025)

Date: Oct 9, 2025

Appeal Waivers Enforced, Rule 11 Factual-Basis Challenges Allowed, and “Protective” Gun Possession Suffices for § 924(c)’s “In Furtherance” Element Commentary on United States v. Mario Lenard Elbert,...

Post‑Counterman Bomb‑Threat Prosecutions: Eleventh Circuit Confirms that “Willfully” in 18 U.S.C. § 844(e) and the Pattern “Serious Threat” Instruction Satisfy the First Amendment

Date: Oct 9, 2025

Post‑Counterman Bomb‑Threat Prosecutions: Eleventh Circuit Confirms that “Willfully” in 18 U.S.C. § 844(e) and the Pattern “Serious Threat” Instruction Satisfy the First Amendment Case: United States...

No Indictment Presumption for Probable Cause; Body‑Weight Pressure on Restrained Suspects and “Small‑Group” Identification: Sixth Circuit Partially Revives Claims in English v. Kral

Date: Oct 9, 2025

No Indictment Presumption for Probable Cause; Body‑Weight Pressure on Restrained Suspects and “Small‑Group” Identification: Sixth Circuit Partially Revives Claims in English v. Kral Court: U.S. Court...

Mandamus as Safety Valve: Sixth Circuit Reaffirms Privilege and Work-Product Protection for Corporate Internal Investigations Triggered by Government Probes

Date: Oct 9, 2025

Mandamus as Safety Valve: Sixth Circuit Reaffirms Privilege and Work-Product Protection for Corporate Internal Investigations Triggered by Government Probes Case: In re FirstEnergy Corp., No. 24-3654...

First-to-File Is Not an Independent Transfer Power: Sixth Circuit Authorizes Mandamus to Vacate Unauthorized Inter‑Circuit Transfers

Date: Oct 9, 2025

First-to-File Is Not an Independent Transfer Power: Sixth Circuit Authorizes Mandamus to Vacate Unauthorized Inter‑Circuit Transfers Introduction This published Sixth Circuit decision addresses when...

Yoder v. Bowen: Sixth Circuit Leaves Drone-Hunting Ban Intact and Narrows the Speech-Inputs Doctrine—For Now

Date: Oct 9, 2025

Yoder v. Bowen: Sixth Circuit Leaves Drone-Hunting Ban Intact and Narrows the Speech-Inputs Doctrine—For Now Introduction In Mike Yoder v. Scott Bowen, the U.S. Court of Appeals for the Sixth Circuit...

Persistent Assertions of Innocence Defeat Plea-Stage Prejudice: Eleventh Circuit Clarifies When § 2255 Petitioners Get an Evidentiary Hearing

Date: Oct 9, 2025

Persistent Assertions of Innocence Defeat Plea-Stage Prejudice: Eleventh Circuit Clarifies When § 2255 Petitioners Get an Evidentiary Hearing Introduction In Catrell Ivory v. United States (11th Cir....

Waiver-by-Acquiescence at Sentencing and the Near-Irrebuttable Presumption for Below-Guidelines Terms: United States v. Petre (7th Cir. 2025)

Date: Oct 9, 2025

Waiver-by-Acquiescence at Sentencing and the Near-Irrebuttable Presumption for Below-Guidelines Terms: United States v. Petre (7th Cir. 2025) Court: United States Court of Appeals for the Seventh...