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  • Commentaries
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federal Case Commentaries

No Liberal Construction for Counseled EEOC Charges: The Seventh Circuit’s Strict Notice Approach to ADA Retaliation in Scroggin v. Universal Protection Service

No Liberal Construction for Counseled EEOC Charges: The Seventh Circuit’s Strict Notice Approach to ADA Retaliation in Scroggin v. Universal Protection Service

Date: Dec 7, 2025
No Liberal Construction for Counseled EEOC Charges: The Seventh Circuit’s Strict Notice Approach to ADA Retaliation Andrew E. Scroggin v. Universal Protection Service, LLC (d/b/a Allied Universal...

    Beyond Pretext: The Eleventh Circuit’s Clarification of McDonnell Douglas and the “Convincing Mosaic” Standard in Ismael v. Roundtree

Beyond Pretext: The Eleventh Circuit’s Clarification of McDonnell Douglas and the “Convincing Mosaic” Standard in Ismael v. Roundtree

Date: Dec 7, 2025
Beyond Pretext: The Eleventh Circuit’s Clarification of McDonnell Douglas and the “Convincing Mosaic” Standard in Ahmed S. Ismael v. Sheriff Richard Roundtree I. Introduction In Ahmed S. Ismael v....
Finality of Interpretive Guidance and the Scope of Medicaid “Hold Harmless” Rules: Commentary on Florida AHCA v. CMS (11th Cir. 2025)

Finality of Interpretive Guidance and the Scope of Medicaid “Hold Harmless” Rules: Commentary on Florida AHCA v. CMS (11th Cir. 2025)

Date: Dec 7, 2025
Finality of Interpretive Guidance and the Scope of Medicaid “Hold Harmless” Rules: A Commentary on Florida Agency for Health Care Administration v. CMS (11th Cir. 2025) I. Introduction This Eleventh...
Optional Employer-Provided Transportation and Non-Compensable Pre‑ and Post‑Shift Time under the FLSA: Commentary on Villarino v. Pacesetter Personnel Service, Inc.

Optional Employer-Provided Transportation and Non-Compensable Pre‑ and Post‑Shift Time under the FLSA: Commentary on Villarino v. Pacesetter Personnel Service, Inc.

Date: Dec 7, 2025
Optional Employer-Provided Transportation, Tool Time, and Waiting Time Are Not Compensable Under the FLSA When Not Integral and Indispensable: Commentary on Villarino v. Pacesetter Personnel Service,...
Pleading Scienter for Delegated Internal Control Failures: Commentary on Puchtler v. Barclays PLC (2d Cir. 2025)

Pleading Scienter for Delegated Internal Control Failures: Commentary on Puchtler v. Barclays PLC (2d Cir. 2025)

Date: Dec 7, 2025
Pleading Scienter for Delegated Internal Control Failures: Commentary on Puchtler v. Barclays PLC (2d Cir. 2025) I. Introduction This commentary examines the United States Court of Appeals for the...
Abandonment of Dispositive Issues and Counsel’s Duty of Candor in Immigration Appeals: Commentary on Medina‑Sarango v. Bondi (2d Cir. 2025)

Abandonment of Dispositive Issues and Counsel’s Duty of Candor in Immigration Appeals: Commentary on Medina‑Sarango v. Bondi (2d Cir. 2025)

Date: Dec 7, 2025
Abandonment of Dispositive Issues and Counsel’s Duty of Candor in Immigration Appeals: Commentary on Medina‑Sarango v. Bondi (2d Cir. 2025) 1. Introduction The Second Circuit’s summary order in...
Criminal Violence, Nexus, and Exhaustion in Asylum Law: Commentary on Eliseo Ismael Chanchavac‑Leon v. U.S. Attorney General

Criminal Violence, Nexus, and Exhaustion in Asylum Law: Commentary on Eliseo Ismael Chanchavac‑Leon v. U.S. Attorney General

Date: Dec 7, 2025
Criminal Violence, Nexus, and Exhaustion in Asylum Law: Commentary on Eliseo Ismael Chanchavac‑Leon v. U.S. Attorney General I. Introduction This commentary analyzes the unpublished per curiam...
Waiver of Non‑Attorney Representation and Limits on the ALJ’s Duty to Develop the Record in Social Security Hearings: Commentary on Geyer v. Commissioner of Social Security

Waiver of Non‑Attorney Representation and Limits on the ALJ’s Duty to Develop the Record in Social Security Hearings: Commentary on Geyer v. Commissioner of Social Security

Date: Dec 7, 2025
Waiver of Non‑Attorney Representation and Limits on the ALJ’s Duty to Develop the Record in Social Security Hearings Commentary on: Phyllis J. Geyer v. Commissioner of Social Security, No. 24‑11246...
Nexus, Not Relationship Status: First Circuit Reaffirms Causation Requirement in Domestic Violence–Based Asylum Claims – Commentary on De La Cruz‑Quispe v. Bondi

Nexus, Not Relationship Status: First Circuit Reaffirms Causation Requirement in Domestic Violence–Based Asylum Claims – Commentary on De La Cruz‑Quispe v. Bondi

Date: Dec 6, 2025
Nexus, Not Relationship Status: First Circuit Reaffirms Causation Requirement in Domestic Violence–Based Asylum Claims Commentary on De La Cruz‑Quispe v. Bondi, No. 25‑1421 (1st Cir. Dec. 5, 2025) I....
Fraud-on-the-Court, Collateral Estoppel in Attorney-Malpractice Suits, and Appellate Filing Bars: Commentary on Browne v. Ciobanu (7th Cir. Dec. 5, 2025)

Fraud-on-the-Court, Collateral Estoppel in Attorney-Malpractice Suits, and Appellate Filing Bars: Commentary on Browne v. Ciobanu (7th Cir. Dec. 5, 2025)

Date: Dec 6, 2025
Fraud-on-the-Court, Collateral Estoppel in Attorney-Malpractice Suits, and Appellate Filing Bars: Commentary on Browne v. Ciobanu (7th Cir. 2025) I. Introduction The Seventh Circuit’s nonprecedential...
Abbott v. LULAC: Elevating the Presumption of Legislative Good Faith and the Alternative‑Map Requirement in Racial Gerrymandering Cases

Abbott v. LULAC: Elevating the Presumption of Legislative Good Faith and the Alternative‑Map Requirement in Racial Gerrymandering Cases

Date: Dec 6, 2025
Abbott v. League of United Latin American Citizens (Abbott v. LULAC): Elevating the Presumption of Legislative Good Faith and the Alternative‑Map Requirement in Racial Gerrymandering Cases I....
Actual Knowledge, Imputed Corporate Awareness, and the “Single Scheme” Limitation on Civil RICO: A Commentary on Salamey v. Salami (Carter-Jones/Carter Lumber)

Actual Knowledge, Imputed Corporate Awareness, and the “Single Scheme” Limitation on Civil RICO: A Commentary on Salamey v. Salami (Carter-Jones/Carter Lumber)

Date: Dec 6, 2025
Actual Knowledge, Imputed Corporate Awareness, and the “Single Scheme” Limitation on Civil RICO: A Commentary on Salamey v. Salami (Carter-Jones/Carter Lumber) I. Introduction The Sixth Circuit’s...
Prosecutorial Liability for Advising on Unconstitutional Show‑Ups: A Commentary on Ramsey v. Rivard (Gaertner)

Prosecutorial Liability for Advising on Unconstitutional Show‑Ups: A Commentary on Ramsey v. Rivard (Gaertner)

Date: Dec 6, 2025
Prosecutorial Liability for Advising on Unconstitutional Show‑Ups: Ramsey v. Rivard (Gaertner) and the Boundaries of Absolute Immunity I. Introduction This commentary examines the Sixth Circuit’s...
Continuity of Drug Trafficking as Relevant Conduct and Firearm Enhancements in Federal Sentencing: Commentary on United States v. Atkins (6th Cir. 2025)

Continuity of Drug Trafficking as Relevant Conduct and Firearm Enhancements in Federal Sentencing: Commentary on United States v. Atkins (6th Cir. 2025)

Date: Dec 6, 2025
Continuity of Drug Trafficking as Relevant Conduct and Firearm Enhancements in Federal Sentencing: Commentary on United States v. Atkins (6th Cir. 2025) I. Introduction The Sixth Circuit’s...
United States v. Roper: Mental Illness as a Dual-Use Factor in Setting Lengthy Supervised Release Terms

United States v. Roper: Mental Illness as a Dual-Use Factor in Setting Lengthy Supervised Release Terms

Date: Dec 6, 2025
United States v. Roper: Mental Illness as a Dual-Use Factor in Setting Lengthy Supervised Release Terms I. Introduction In United States v. Gene Curtis Roper, No. 24-5834 (6th Cir. Dec. 4, 2025), the...
Coram Nobis, Procedural Default, and the Limits of Moore v. United States in Criminal Tax Jurisdiction: Commentary on United States v. Walcott (10th Cir. 2025)

Coram Nobis, Procedural Default, and the Limits of Moore v. United States in Criminal Tax Jurisdiction: Commentary on United States v. Walcott (10th Cir. 2025)

Date: Dec 6, 2025
Coram Nobis, Procedural Default, and the Limits of Moore v. United States in Criminal Tax Jurisdiction Commentary on United States v. Walcott, No. 25‑1024 (10th Cir. Dec. 4, 2025) I. Introduction...
Anders Review, ACCA Enhancements, and Consecutive Revocation Sentences in the Tenth Circuit: Commentary on United States v. Coleman

Anders Review, ACCA Enhancements, and Consecutive Revocation Sentences in the Tenth Circuit: Commentary on United States v. Coleman

Date: Dec 6, 2025
Anders Review, ACCA Enhancements, and Consecutive Revocation Sentences in the Tenth Circuit: Commentary on United States v. Coleman I. Introduction This commentary examines the Tenth Circuit’s...
United States v. Ross: Dismissal Without Prejudice and Voluntary Return of Property Do Not Make a CAFRA Claimant “Substantially Prevail”

United States v. Ross: Dismissal Without Prejudice and Voluntary Return of Property Do Not Make a CAFRA Claimant “Substantially Prevail”

Date: Dec 6, 2025
United States v. Ross: Dismissal Without Prejudice and Voluntary Return of Property Do Not Make a CAFRA Claimant “Substantially Prevail” I. Introduction In United States v. Ross, No. 24‑1421‑cv (2d...
First-to-Record Is Not Enough: Inquiry Notice, Equitable Mortgages, and Receivership Priorities in SEC v. Kevin Duff (Shatar Capital Partners Appeal)

First-to-Record Is Not Enough: Inquiry Notice, Equitable Mortgages, and Receivership Priorities in SEC v. Kevin Duff (Shatar Capital Partners Appeal)

Date: Dec 5, 2025
First-to-Record Is Not Enough: Inquiry Notice, Equitable Mortgages, and Receivership Priorities in SEC v. Kevin Duff (Shatar Capital Partners Appeal) I. Introduction This Seventh Circuit decision...
Farhan v. 2715 NMA LLC: Limits on Treating Political Neutrality Policies as National Origin Discrimination under the Fair Housing Act

Farhan v. 2715 NMA LLC: Limits on Treating Political Neutrality Policies as National Origin Discrimination under the Fair Housing Act

Date: Dec 5, 2025
Farhan v. 2715 NMA LLC: Limits on Treating Political Neutrality Policies as National Origin Discrimination under the Fair Housing Act I. Introduction The Seventh Circuit’s decision in Farhan v. 2715...
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