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federal Case Commentaries

“Safety-Related Small Talk” Doctrine: A Detailed Commentary on United States v. Raphael Ross (3d Cir. 2025)

“Safety-Related Small Talk” Doctrine: A Detailed Commentary on United States v. Raphael Ross (3d Cir. 2025)

Date: Aug 25, 2025
United States v. Raphael Ross: Third Circuit Endorses a “Safety-Related Small Talk” Exception to Rodriguez I. Introduction United States v. Raphael Ross, No. 23-1631 (3d Cir. Aug. 19, 2025) marks the...
“Reining-In the NLRB” – Fifth Circuit Invalidates Dual For-Cause Removal Protections and Affirms District Courts’ Power to Enjoin Agency Proceedings

“Reining-In the NLRB” – Fifth Circuit Invalidates Dual For-Cause Removal Protections and Affirms District Courts’ Power to Enjoin Agency Proceedings

Date: Aug 25, 2025
“Reining-In the NLRB” – Fifth Circuit Invalidates Dual For-Cause Removal Protections and Affirms District Courts’ Power to Enjoin Agency Proceedings 1. Introduction In Space Exploration Technologies...
“Here-and-Now” Harm and Dual-Layer Removal: A Comprehensive Commentary on Energy Transfer, L.P. v. NLRB (5th Cir. 2025)

“Here-and-Now” Harm and Dual-Layer Removal: A Comprehensive Commentary on Energy Transfer, L.P. v. NLRB (5th Cir. 2025)

Date: Aug 25, 2025
“Here-and-Now” Harm and Dual-Layer Removal: The Fifth Circuit Re-Shapes Pre-Enforcement Review in Energy Transfer, L.P. v. NLRB Introduction Energy Transfer, L.P. v. National Labor Relations Board is...
Garces v. Hernandez: The Fifth Circuit’s Express Admonition on AI-Generated Citations and the Unyielding Reach of Res Judicata

Garces v. Hernandez: The Fifth Circuit’s Express Admonition on AI-Generated Citations and the Unyielding Reach of Res Judicata

Date: Aug 25, 2025
Garces v. Hernandez: The Fifth Circuit’s Express Admonition on AI-Generated Citations and the Unyielding Reach of Res Judicata 1. Introduction Garces v. Hernandez (No. 25-50342, 5th Cir. Aug. 19,...
No-Name, No-Toll: Fifth Circuit Clarifies Accrual and Equitable Tolling for § 1983 Claims – A Commentary on Jenkins v. Tahmahkera

No-Name, No-Toll: Fifth Circuit Clarifies Accrual and Equitable Tolling for § 1983 Claims – A Commentary on Jenkins v. Tahmahkera

Date: Aug 25, 2025
No-Name, No-Toll: Fifth Circuit Clarifies Accrual and Equitable Tolling for § 1983 Claims Introduction In Jenkins v. Tahmahkera, No. 24-10724 (5th Cir. Aug. 19, 2025), the United States Court of...
Lexon v. Chevron: Fifth Circuit Limits Surety Subrogation & Contribution on the Outer Continental Shelf

Lexon v. Chevron: Fifth Circuit Limits Surety Subrogation & Contribution on the Outer Continental Shelf

Date: Aug 25, 2025
Lexon v. Chevron: Fifth Circuit Limits Surety Subrogation & Contribution on the Outer Continental Shelf 1. Introduction In Lexon Insurance Co. v. Chevron U.S.A. Inc., No. 24-20347 (5th Cir. Aug. 19,...
“No Clearly-Established Right to Be Free from a Non-Deadly Push While Fleeing” –  Sealey v. Mancias and the Pleading Burden in Fifth-Circuit Excessive-Force Claims

“No Clearly-Established Right to Be Free from a Non-Deadly Push While Fleeing” – Sealey v. Mancias and the Pleading Burden in Fifth-Circuit Excessive-Force Claims

Date: Aug 25, 2025
“No Clearly-Established Right to Be Free from a Non-Deadly Push While Fleeing” – Sealey v. Mancias and the Pleading Burden in Fifth-Circuit Excessive-Force Claims 1. Introduction Sealey v. Mancias,...

        “Here-and-Now Harm” & Dual-Layer Tenure:  The Fifth Circuit’s Seal of Unconstitutionality on NLRB Removal Protections

“Here-and-Now Harm” & Dual-Layer Tenure: The Fifth Circuit’s Seal of Unconstitutionality on NLRB Removal Protections

Date: Aug 25, 2025
“Here-and-Now Harm” & Dual-Layer Tenure: The Fifth Circuit’s Seal of Unconstitutionality on NLRB Removal Protections 1. Introduction In Space Exploration Technologies Corp. v. National Labor...
“Privileged-Information Prosecutor Conflicts” – The New Fourth-Circuit Safeguard Emerging from Raminder Kaur v. Warden (2025)

“Privileged-Information Prosecutor Conflicts” – The New Fourth-Circuit Safeguard Emerging from Raminder Kaur v. Warden (2025)

Date: Aug 25, 2025
“Privileged-Information Prosecutor Conflicts” – The New Fourth-Circuit Safeguard Emerging from Raminder Kaur v. Warden (4th Cir. 2025) 1. Introduction The Fourth Circuit’s published decision in...
Clarifying District Court Discretion to Deny First Step Act Relief Sought Solely to “Bank Time” — Commentary on United States v. Mahatha (4th Cir. 2025)

Clarifying District Court Discretion to Deny First Step Act Relief Sought Solely to “Bank Time” — Commentary on United States v. Mahatha (4th Cir. 2025)

Date: Aug 25, 2025
Clarifying District Court Discretion to Deny First Step Act Relief Sought Solely to “Bank Time” — Commentary on United States v. Mahatha (4th Cir. 2025) 1. Introduction In United States v. Mahatha,...
“Notice-Defeats-Laches” – Clark v. Hemphill Artworks, LLC and the Second Circuit’s Clarification of Laches at the Pleading Stage in Art-Conversion Suits

“Notice-Defeats-Laches” – Clark v. Hemphill Artworks, LLC and the Second Circuit’s Clarification of Laches at the Pleading Stage in Art-Conversion Suits

Date: Aug 25, 2025
“Notice-Defeats-Laches” – Clark v. Hemphill Artworks, LLC and the Second Circuit’s Clarification of Laches at the Pleading Stage in Art-Conversion Suits 1. Introduction Clark v. Hemphill Artworks,...
“The Multiple-Inconsistency Exhaustion Test” – Clarifying Credibility and Exhaustion in Immigration Appeals (Commentary on Li v. Bondi, 2d Cir. 2025)

“The Multiple-Inconsistency Exhaustion Test” – Clarifying Credibility and Exhaustion in Immigration Appeals (Commentary on Li v. Bondi, 2d Cir. 2025)

Date: Aug 25, 2025
“The Multiple-Inconsistency Exhaustion Test” – Clarifying Credibility and Exhaustion in Immigration Appeals (Commentary on Li v. Bondi, Court of Appeals for the Second Circuit, 19 Aug 2025) 1....
Clarifying the “Unable-or-Unwilling” Government Standard and the Futility Exception in Asylum & CAT Claims – Commentary on Yunga Uyaguari v. Bondi

Clarifying the “Unable-or-Unwilling” Government Standard and the Futility Exception in Asylum & CAT Claims – Commentary on Yunga Uyaguari v. Bondi

Date: Aug 25, 2025
Clarifying the “Unable-or-Unwilling” Government Standard and the Futility Exception in Asylum & CAT Claims – Commentary on Yunga Uyaguari v. Bondi (2d Cir. 2025) 1. Introduction Yunga Uyaguari v....
“Meaningfully-Constrain” Test Confirmed: The Second Circuit Upholds 18 U.S.C. § 922(a)(3) in United States v. Perez

“Meaningfully-Constrain” Test Confirmed: The Second Circuit Upholds 18 U.S.C. § 922(a)(3) in United States v. Perez

Date: Aug 25, 2025
“Meaningfully-Constrain” Test Confirmed: The Second Circuit Upholds 18 U.S.C. § 922(a)(3) in United States v. Perez 1. Introduction On 19 August 2025 the United States Court of Appeals for the Second...
“Ascertainability” and the 30-Day Removal Clock under § 1446(b)(3): A Commentary on Vermont v. 3M Co.

“Ascertainability” and the 30-Day Removal Clock under § 1446(b)(3): A Commentary on Vermont v. 3M Co.

Date: Aug 25, 2025
“Ascertainability” and the 30-Day Removal Clock under § 1446(b)(3): A Comprehensive Commentary on Vermont v. 3M Co. (2d Cir. 2025) 1. Introduction The Second Circuit’s decision in Vermont v. 3M Co.,...
Instantaneous Force and Qualified Immunity: The Sindell Clarification on Officer Liability for Rapid Takedowns

Instantaneous Force and Qualified Immunity: The Sindell Clarification on Officer Liability for Rapid Takedowns

Date: Aug 25, 2025
Instantaneous Force and Qualified Immunity: Sindell v. Coach & the Eleventh Circuit’s Refined Boundaries on Failure-to-Intervene and Retaliation Claims 1. Introduction On 19 August 2025 the United...
Scott v. Carnival: The Eleventh Circuit’s Strict Enforcement of Rule 26 Expert-Disclosure Deadlines in Maritime Personal-Injury Litigation

Scott v. Carnival: The Eleventh Circuit’s Strict Enforcement of Rule 26 Expert-Disclosure Deadlines in Maritime Personal-Injury Litigation

Date: Aug 25, 2025
Scott v. Carnival: The Eleventh Circuit’s Strict Enforcement of Rule 26 Expert-Disclosure Deadlines in Maritime Personal-Injury Litigation 1. Introduction Alvin Scott’s cruise-ship slip-and-fall...
“The Day-Filled Rule”: Eleventh Circuit Clarifies How Insurers Must Calculate Oral-Chemotherapy Benefits

“The Day-Filled Rule”: Eleventh Circuit Clarifies How Insurers Must Calculate Oral-Chemotherapy Benefits

Date: Aug 25, 2025
“The Day-Filled Rule”: Eleventh Circuit Clarifies How Insurers Must Calculate Oral-Chemotherapy Benefits 1. Introduction Henry R. Seawell III and Kathryn D. Seawell sued Colonial Life & Accident...
United States v. Rosario-Torres: No Duty to Prove the Visibility or Placement of Traffic-Control Markings to Establish Reasonable Suspicion for a Stop

United States v. Rosario-Torres: No Duty to Prove the Visibility or Placement of Traffic-Control Markings to Establish Reasonable Suspicion for a Stop

Date: Aug 25, 2025
United States v. Elias Xavier Rosario Torres & Veronica Estefania Rodriguez Pinuela Eleventh Circuit, Aug. 19 2025 Commentary Title “No Duty to Prove the Legibility or Proper Positioning of Road...
Tattoo Imagery as Admissible Identity Evidence: United States v. Reid and the Refinement of Federal Evidentiary & ACCA Doctrine

Tattoo Imagery as Admissible Identity Evidence: United States v. Reid and the Refinement of Federal Evidentiary & ACCA Doctrine

Date: Aug 25, 2025
Tattoo Imagery as Admissible Identity Evidence: United States v. Reid and the Refinement of Federal Evidentiary & ACCA Doctrine Introduction In United States v. Jonathan Anthony Reid, No. 23-10619...
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