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  • Commentaries
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federal Case Commentaries

No Specialty Requirement: Sixth Circuit Clarifies Physician Qualification and Evidentiary Threshold under the False Claims Act

No Specialty Requirement: Sixth Circuit Clarifies Physician Qualification and Evidentiary Threshold under the False Claims Act

Date: Aug 25, 2025
No Specialty Requirement: Sixth Circuit Clarifies Physician Qualification and Evidentiary Threshold under the False Claims Act 1. Introduction In United States ex rel. Robert C. O’Laughlin, M.D. v....
Claim-Preclusion as an Absolute Bar to Re-Opening Bankruptcy to Relitigate Tax Liabilities – Commentary on Springer v. United States (10th Cir. 2025)

Claim-Preclusion as an Absolute Bar to Re-Opening Bankruptcy to Relitigate Tax Liabilities – Commentary on Springer v. United States (10th Cir. 2025)

Date: Aug 25, 2025
Claim-Preclusion as an Absolute Bar to Re-Opening Bankruptcy to Relitigate Tax Liabilities – Commentary on Springer v. United States (10th Cir. 2025) 1. Introduction Lindsey Kent Springer’s...

United States v. Cline: Expanding Criminal Forfeiture to the Entire Fraud Scheme notwithstanding Honeycutt

United States v. Cline: Expanding Criminal Forfeiture to the Entire Fraud Scheme notwithstanding Honeycutt

Date: Aug 25, 2025
United States v. Cline: Expanding Criminal Forfeiture to the Entire Fraud Scheme notwithstanding Honeycutt 1. Introduction United States v. Cline, Nos. 24-1119 & 24-1137 (10th Cir. Aug. 21, 2025), is...
Persistent Cyber-Security Threats as “Emergencies” under 49 U.S.C. §114(l)(2): A Commentary on Grand Trunk Corp. v. TSA

Persistent Cyber-Security Threats as “Emergencies” under 49 U.S.C. §114(l)(2): A Commentary on Grand Trunk Corp. v. TSA

Date: Aug 25, 2025
Persistent Cyber-Security Threats as “Emergencies” under 49 U.S.C. §114(l)(2): Commentary on Grand Trunk Corporation & Illinois Central Railroad Co. v. TSA, 7th Cir. (2025) 1. Introduction The...
“Perpetual Emergencies” and Agency Power: Grand Trunk Corp. v. TSA and the Recognition of Continuous Cyber-Threats as Statutory Emergencies

“Perpetual Emergencies” and Agency Power: Grand Trunk Corp. v. TSA and the Recognition of Continuous Cyber-Threats as Statutory Emergencies

Date: Aug 25, 2025
“Perpetual Emergencies” and Agency Power: Grand Trunk Corporation v. Transportation Security Administration Introduction Grand Trunk Corporation and its subsidiary, Illinois Central Railroad Company...
“Ever-Present Emergencies”: Grand Trunk Corp. v. TSA Confirms that Continuous Cyber-Threats Qualify as Emergencies under 49 U.S.C. § 114(l)(2)

“Ever-Present Emergencies”: Grand Trunk Corp. v. TSA Confirms that Continuous Cyber-Threats Qualify as Emergencies under 49 U.S.C. § 114(l)(2)

Date: Aug 25, 2025
“Ever-Present Emergencies”: Grand Trunk Corp. v. TSA Confirms that Continuous Cyber-Threats Qualify as Emergencies under 49 U.S.C. § 114(l)(2) 1 · Introduction Grand Trunk Corporation and its...
Off-Duty, Personal-Social-Media Threats Can Violate 18 U.S.C. § 115(a)(1)(B): Commentary on United States v. Damon Taylor (7th Cir. 2025)

Off-Duty, Personal-Social-Media Threats Can Violate 18 U.S.C. § 115(a)(1)(B): Commentary on United States v. Damon Taylor (7th Cir. 2025)

Date: Aug 25, 2025
Off-Duty, Personal-Social-Media Threats Can Violate 18 U.S.C. § 115(a)(1)(B) Commentary on United States v. Damon Taylor, 89 F.4th ___ (7th Cir. 2025) Introduction In United States v. Damon Taylor,...
Registration Does Not Delay Accrual: The Foss Rule on Copyright Limitations in the First Circuit

Registration Does Not Delay Accrual: The Foss Rule on Copyright Limitations in the First Circuit

Date: Aug 25, 2025
“Registration Does Not Delay Accrual” Foss v. Eastern States Exposition (1st Cir. 2025) and the Statute-of-Limitations Clock in Copyright Litigation 1. Introduction Cynthia Alyson Foss, a...

        Extending Buckhannon: The First Circuit Clarifies “Prevailing-Party” Status
        Under Clayton Act §16 in Garavanian v. JetBlue Airways Corp.

Extending Buckhannon: The First Circuit Clarifies “Prevailing-Party” Status Under Clayton Act §16 in Garavanian v. JetBlue Airways Corp.

Date: Aug 25, 2025
Extending Buckhannon: The First Circuit Clarifies “Prevailing-Party” Status Under Clayton Act §16 in Garavanian v. JetBlue Airways Corp. 1. Introduction The United States Court of Appeals for the...
Actual-Litigation Requirement for Collateral Estoppel in Immigration Admissibility Determinations – A Commentary on Azatullah v. Noem (2d Cir. 2025)

Actual-Litigation Requirement for Collateral Estoppel in Immigration Admissibility Determinations – A Commentary on Azatullah v. Noem (2d Cir. 2025)

Date: Aug 25, 2025
Actual-Litigation Requirement for Collateral Estoppel in Immigration Admissibility Determinations A Comprehensive Commentary on Azatullah v. Noem, 2d Cir. Aug. 20, 2025 1. Introduction Azatullah v....
DeLeon v. Futran Technology Inc.: Religious Accommodation Cannot Compel an Employer to Violate Federal Reporting Duties & Procedural Deadlines for Untimely Rule 59 Motions

DeLeon v. Futran Technology Inc.: Religious Accommodation Cannot Compel an Employer to Violate Federal Reporting Duties & Procedural Deadlines for Untimely Rule 59 Motions

Date: Aug 25, 2025
DeLeon v. Futran Technology Inc.: Religious Accommodation Cannot Compel an Employer to Violate Federal Reporting Duties & Procedural Deadlines for Untimely Rule 59 Motions 1 Introduction Darren...
Raymond v. Hillsborough County: Eleventh Circuit Clarifies the Reach of the Heck Bar over Post-Conviction § 1983 Claims

Raymond v. Hillsborough County: Eleventh Circuit Clarifies the Reach of the Heck Bar over Post-Conviction § 1983 Claims

Date: Aug 25, 2025
Raymond v. Hillsborough County: Eleventh Circuit Clarifies the Reach of the Heck Bar over Post-Conviction § 1983 Claims Introduction Edward Raymond, acting pro se, challenged the dismissal of his...
“Clarifying the COA Requirement for Rule 60(b) Habeas Appeals” – A Commentary on Jeffery T. Crystal v. Secretary, Florida Department of Corrections (11th Cir. 2025)

“Clarifying the COA Requirement for Rule 60(b) Habeas Appeals” – A Commentary on Jeffery T. Crystal v. Secretary, Florida Department of Corrections (11th Cir. 2025)

Date: Aug 25, 2025
Clarifying the COA Requirement for Rule 60(b) Habeas Appeals: Jeffery T. Crystal v. Secretary, Florida Department of Corrections Introduction Jeffery T. Crystal v. Secretary, Florida Department of...
No Fourth-Amendment “Seizure” When Police Assist a Private Carrier: Commentary on Samuel Ghee, IV v. Flix North America, Inc.

No Fourth-Amendment “Seizure” When Police Assist a Private Carrier: Commentary on Samuel Ghee, IV v. Flix North America, Inc.

Date: Aug 25, 2025
No Fourth-Amendment “Seizure” When Police Assist a Private Carrier: A Detailed Commentary on Samuel Ghee, IV v. Flix North America, Inc. 1. Introduction In Samuel Ghee, IV v. Flix North America,...
Voluntary Dismissal With Prejudice Confers “Substantially Prevailing” Status in CAFRA Actions: 
            A Commentary on United States v. Brian Moore (11th Cir. 2025)

Voluntary Dismissal With Prejudice Confers “Substantially Prevailing” Status in CAFRA Actions: A Commentary on United States v. Brian Moore (11th Cir. 2025)

Date: Aug 25, 2025
Voluntary Dismissal With Prejudice Confers “Substantially Prevailing” Status in CAFRA Actions: A Commentary on United States v. Brian Moore (11th Cir. 2025) Introduction United States v. Brian Moore,...
“Residual Probable Cause” After Florida’s Hemp Reform: A Commentary on United States v. Bain (11th Cir. 2025)

“Residual Probable Cause” After Florida’s Hemp Reform: A Commentary on United States v. Bain (11th Cir. 2025)

Date: Aug 25, 2025
“Residual Probable Cause” After Florida’s Hemp Reform: A Comprehensive Commentary on United States v. Bain (11th Cir. 2025) Introduction United States v. Deondre Bain, No. 24-10480, decided by the...

United States v. Henry De Jesus Lopez Londoño (2025):  The Eleventh Circuit Defines the Outer Limits of
(1) Due-Process Claims for Government “Spoliation” of Evidence and 
(2) Rule-of-Specialty Challenges in Extradition Cases

United States v. Henry De Jesus Lopez Londoño (2025): The Eleventh Circuit Defines the Outer Limits of (1) Due-Process Claims for Government “Spoliation” of Evidence and (2) Rule-of-Specialty Challenges in Extradition Cases

Date: Aug 25, 2025
United States v. Henry De Jesus Lopez Londoño “Mi Sangre” Eleventh Circuit, No. 18-12888 – Opinion filed 20 August 2025 (unpublished) Introduction The case arises from the conviction of Henry De...
Clarifying “Favorable Termination” After a Guilty Plea: The Second Circuit’s Charge-by-Charge Rule in Carruthers v. Colton

Clarifying “Favorable Termination” After a Guilty Plea: The Second Circuit’s Charge-by-Charge Rule in Carruthers v. Colton

Date: Aug 25, 2025
Clarifying “Favorable Termination” After a Guilty Plea: The Second Circuit’s Charge-by-Charge Rule in Carruthers v. Colton Introduction On 20 August 2025 the United States Court of Appeals for the...
“Direct and Material Contribution” Defeats CDA § 230 Immunity for Emissions-Control “Defeat Devices” – A Commentary on United States v. EZ Lynk (2d Cir. 2025)

“Direct and Material Contribution” Defeats CDA § 230 Immunity for Emissions-Control “Defeat Devices” – A Commentary on United States v. EZ Lynk (2d Cir. 2025)

Date: Aug 25, 2025
“Direct and Material Contribution” Defeats CDA § 230 Immunity for Emissions-Control “Defeat Devices” A Comprehensive Commentary on United States v. EZ Lynk, 24-2386 (2d Cir. Aug. 20 2025) 1....
“Fields v. BOP”: The Third Circuit’s Definitive Rejection of New Bivens Remedies for Federal-Prisoner Claims

“Fields v. BOP”: The Third Circuit’s Definitive Rejection of New Bivens Remedies for Federal-Prisoner Claims

Date: Aug 25, 2025
“Fields v. BOP”: The Third Circuit’s Definitive Rejection of New Bivens Remedies for Federal-Prisoner Claims Introduction Andrew Fields, a federal inmate, sued multiple prison officials under Bivens...
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