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  • Commentaries
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federal Case Commentaries

“No Officer May Ignore the Danger”: Krueger v. Orr and the Tenth Circuit’s Firm Ban on Prolonged Prone Restraints and Failure-to-Intervene

“No Officer May Ignore the Danger”: Krueger v. Orr and the Tenth Circuit’s Firm Ban on Prolonged Prone Restraints and Failure-to-Intervene

Date: Aug 25, 2025
“No Officer May Ignore the Danger”: Krueger v. Orr and the Tenth Circuit’s Firm Ban on Prolonged Prone Restraints and Failure-to-Intervene Introduction In Krueger v. Orr, ___ F.4th ___ (10th Cir....
Tenth Circuit Clarifies Officer Liability for Prolonged Prone Restraints and Failure-to-Intervene – A Commentary on Krueger v. Phillips

Tenth Circuit Clarifies Officer Liability for Prolonged Prone Restraints and Failure-to-Intervene – A Commentary on Krueger v. Phillips

Date: Aug 25, 2025
Tenth Circuit Clarifies Officer Liability for Prolonged Prone Restraints and Failure-to-Intervene Commentary on Krueger v. Phillips, ___ F.4th ___ (10th Cir. Aug. 22 2025) 1. Introduction Krueger v....
“Notwithstanding” Does Not Trump the Default Sourcing Rule:  Liberty Global v. Commissioner and the Limits of I.R.C. § 904(f)(3)

“Notwithstanding” Does Not Trump the Default Sourcing Rule: Liberty Global v. Commissioner and the Limits of I.R.C. § 904(f)(3)

Date: Aug 25, 2025
“Notwithstanding” Does Not Trump the Default Sourcing Rule: Liberty Global v. Commissioner and the Limits of I.R.C. § 904(f)(3) Introduction In Liberty Global, Inc. v. Commissioner of Internal...
“No Presumptive Incompetence”:  Martinez v. Martinez and the Evidentiary Threshold for Competency-Based §2254 Claims

“No Presumptive Incompetence”: Martinez v. Martinez and the Evidentiary Threshold for Competency-Based §2254 Claims

Date: Aug 25, 2025
“No Presumptive Incompetence”: Martinez v. Martinez and the Evidentiary Threshold for Competency-Based §2254 Claims Introduction Martinez v. Martinez, No. 24-2105 (10th Cir. Aug. 22, 2025), is a...
“Timeliness and Prejudice” – The Third Circuit’s Refined Boundaries for Late Amendments, Rule 403, and Trial Discretion in Employment Discrimination Litigation

“Timeliness and Prejudice” – The Third Circuit’s Refined Boundaries for Late Amendments, Rule 403, and Trial Discretion in Employment Discrimination Litigation

Date: Aug 25, 2025
“Timeliness and Prejudice” – The Third Circuit’s Refined Boundaries for Late Amendments, Rule 403, and Trial Discretion in Employment Discrimination Litigation I. Introduction Case: Carl Williams v....
“Thrown a Lifeline”: Fifth Circuit Holds Marine Life-Rafts Are “Equipment” under the Texas Dealer Act

“Thrown a Lifeline”: Fifth Circuit Holds Marine Life-Rafts Are “Equipment” under the Texas Dealer Act

Date: Aug 25, 2025
“Thrown a Lifeline”: Fifth Circuit Holds Marine Life-Rafts Are “Equipment” under the Texas Dealer Act 1. Introduction In Fire Protection Service, Inc. v. Survitec Survival Products, Inc., No....
Clarifying Same-Sex Harassment Pleadings After Texas’s 2021 Amendments: A Commentary on Lanier v. Wise County (5th Cir. 2025)

Clarifying Same-Sex Harassment Pleadings After Texas’s 2021 Amendments: A Commentary on Lanier v. Wise County (5th Cir. 2025)

Date: Aug 25, 2025
Clarifying Same-Sex Harassment Pleadings After Texas’s 2021 Amendments: A Commentary on Lanier v. Wise County (5th Cir. 2025) 1. Introduction Chad Lewis Lanier, a retired deputy sheriff for Wise...
“Dual-Trigger” Disarmament after Bruen: Violence or Probation Status Suffices – A Commentary on United States v. Clark (5th Cir. 2025)

“Dual-Trigger” Disarmament after Bruen: Violence or Probation Status Suffices – A Commentary on United States v. Clark (5th Cir. 2025)

Date: Aug 25, 2025
“Dual-Trigger” Disarmament after Bruen: Violence or Probation Status Suffices – A Commentary on United States v. Clark (5th Cir. 2025) Introduction United States v. Clark, decided on 21 August 2025...
Rule 32(h) Notice through a Presentence Report and the Upholding of Significant Upward Departures – A Commentary on United States v. Ricky Artis (4th Cir., Aug. 21 2025)

Rule 32(h) Notice through a Presentence Report and the Upholding of Significant Upward Departures – A Commentary on United States v. Ricky Artis (4th Cir., Aug. 21 2025)

Date: Aug 25, 2025
Rule 32(h) Notice through a Presentence Report and the Upholding of Significant Upward Departures – A Commentary on United States v. Ricky Artis (4th Cir., Aug. 21 2025) 1. Introduction United States...
Possession Equals Exposure: Tenth Circuit Affirms Full-Scheme Forfeiture and Refines Rules on Co-Participant Pleas – Commentary on United States v. Cline (2025)

Possession Equals Exposure: Tenth Circuit Affirms Full-Scheme Forfeiture and Refines Rules on Co-Participant Pleas – Commentary on United States v. Cline (2025)

Date: Aug 25, 2025
Possession Equals Exposure: Tenth Circuit Affirms Full-Scheme Forfeiture and Refines Rules on Co-Participant Pleas – Commentary on United States v. Cline (2025) I. Introduction The Tenth Circuit’s...
United States v. Cline – The Tenth Circuit Endorses “Full-Scheme” Forfeiture and Clarifies the Reach of Honeycutt and Peterman

United States v. Cline – The Tenth Circuit Endorses “Full-Scheme” Forfeiture and Clarifies the Reach of Honeycutt and Peterman

Date: Aug 25, 2025
United States v. Cline – The Tenth Circuit Endorses “Full-Scheme” Forfeiture and Clarifies the Reach of Honeycutt and Peterman Introduction In United States v. Cline, Nos. 24-1119 & 24-1137 (10th...

    “Prosecutorial Latitude After Stipulated Plea Agreements & the Sadism-Enhancement for
    Morphed Images” – A Commentary on United States v. Hotaling (2d Cir. 2025)

“Prosecutorial Latitude After Stipulated Plea Agreements & the Sadism-Enhancement for Morphed Images” – A Commentary on United States v. Hotaling (2d Cir. 2025)

Date: Aug 25, 2025
“Prosecutorial Latitude After Stipulated Plea Agreements & the Sadism-Enhancement for Morphed Images” – A Comprehensive Commentary on United States v. Hotaling 1. Introduction The Second Circuit’s...
Eleventh Circuit Clarifies ADA Accommodation Boundaries: Indefinite Leave and the Futile-Gesture Doctrine

Eleventh Circuit Clarifies ADA Accommodation Boundaries: Indefinite Leave and the Futile-Gesture Doctrine

Date: Aug 25, 2025
Eleventh Circuit Clarifies ADA Accommodation Boundaries: Indefinite Leave and the Futile-Gesture Doctrine Introduction In Brenda Hairston v. Community Hospital Holding Company, LLC, the United States...
Hold-Over Tenancies and Extinct Conditions Precedent: Kessler v. City of Key West and the Takings Clause

Hold-Over Tenancies and Extinct Conditions Precedent: Kessler v. City of Key West and the Takings Clause

Date: Aug 25, 2025
Hold-Over Tenancies and Extinct Conditions Precedent: What Kessler v. City of Key West Teaches About Property Interests under the Takings Clause Introduction Stuart and Pamela Kessler, longtime...
Walden v. Kosinski: Second Circuit Validates State Power to Ban “Independence / Independent” from Ballot-Access Petitions

Walden v. Kosinski: Second Circuit Validates State Power to Ban “Independence / Independent” from Ballot-Access Petitions

Date: Aug 25, 2025
Walden v. Kosinski: Second Circuit Validates State Power to Ban “Independence / Independent” from Ballot-Access Petitions and Affirms Minimal First-Amendment Burden Introduction Walden v. Kosinski,...
“Beyond the Estimate” – Sixth Circuit Rules that Medical Certifications Do Not Cap Unforeseeable Intermittent FMLA Leave

“Beyond the Estimate” – Sixth Circuit Rules that Medical Certifications Do Not Cap Unforeseeable Intermittent FMLA Leave

Date: Aug 25, 2025
“Beyond the Estimate” – Sixth Circuit Rules that Medical Certifications Do Not Cap Unforeseeable Intermittent FMLA Leave 1. Introduction Kristopher Jackson, a U.S. Postal Service mail clerk suffering...
The “Checked-Box Rule”: Sixth Circuit Confines Non-Signatories’ Power to Compel Arbitration

The “Checked-Box Rule”: Sixth Circuit Confines Non-Signatories’ Power to Compel Arbitration

Date: Aug 25, 2025
The “Checked-Box Rule”: Sixth Circuit Confines Non-Signatories’ Power to Compel Arbitration 1. Introduction ORG Holdings Ltd. v. BMW Financial Services NA, LLC, No. 24-3929 (6th Cir. Aug. 21, 2025)...
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...
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