federal Case Commentaries

Coco Rico, LLC v. Universal Insurance Co.: The First Circuit Tightens Evidentiary Standards for Consequential Damages and Caps Jury BI & EE Awards to the Proven Loss

Date: Jun 23, 2025

Coco Rico, LLC v. Universal Insurance Company (1st Cir. 2025): A Landmark on Evidentiary Rigor for Consequential Damages, Business-Interruption Caps, and “Obstinacy”–Based Fee Awards 1. Introduction...

“Commonsense Redressability” — Diamond Alternative Energy v. EPA and the Expansion of Article III Standing

Date: Jun 23, 2025

“Commonsense Redressability” — Diamond Alternative Energy, LLC v. EPA and the Expansion of Article III Standing 1. Introduction Diamond Alternative Energy, LLC v. Environmental Protection Agency, 606...

“No Retribution on Revocation” – The Supervised-Release Principle in Esteras v. United States (2025)

Date: Jun 23, 2025

“No Retribution on Revocation” – The New Supervised-Release Principle in Esteras v. United States (606 U.S.___ 2025) I. Introduction On 20 June 2025, the U.S. Supreme Court, in Esteras v. United...

“Any Person Adversely Affected” Means What It Says: FDA v. R. J. Reynolds Vapor Co. and the Expansion of Statutory Standing Under the Tobacco Control Act

Date: Jun 23, 2025

“Any Person Adversely Affected” Means What It Says: FDA v. R. J. Reynolds Vapor Co. (2025) and the Expansion of Statutory Standing Under the Tobacco Control Act 1. Introduction The United States...

Beyond “Minimum Contacts” – The U.S. Supreme Court Widens the Fifth-Amendment Horizon for Federal Personal-Jurisdiction in Anti-Terrorism Litigation

Date: Jun 23, 2025

Beyond “Minimum Contacts” – The Fifth Amendment, Foreign Affairs, and the New Constitutional Standard for Federal Personal-Jurisdiction 1. Introduction In Fuld v. Palestine Liberation Organization,...

“Exclusive” No More? McLaughlin Chiropractic Associates, Inc. v. McKesson Corp. and the Re-Opening of District-Court Review under the Hobbs Act

Date: Jun 23, 2025

“Exclusive” No More? McLaughlin Chiropractic Associates, Inc. v. McKesson Corp. and the Re-Opening of District-Court Review under the Hobbs Act 1. Introduction On 20 June 2025, the U.S. Supreme Court...

Stanley v. City of Sanford — Cementing a Temporal Limit on “Qualified Individual” Status under ADA Title I

Date: Jun 23, 2025

Stanley v. City of Sanford (2025): The Supreme Court Imposes a Temporal Boundary on Who Qualifies as a “Qualified Individual” under ADA Title I 1. Introduction Stanley v. City of Sanford, 606 U.S....

“Waivers Mean Waivers” – United States v. Nyandoro and the Fifth Circuit’s Re-Statement on Appeal Waivers, Factual-Insufficiency, and Second-Amendment Challenges

Date: Jun 23, 2025

“Waivers Mean Waivers” – United States v. Nyandoro and the Fifth Circuit’s Re-Statement on Appeal Waivers, Factual-Insufficiency, and Second-Amendment Challenges 1. Introduction United States v....

Beyond the Job: Stanley v. City of Sanford and the Temporal Limits of “Qualified Individual” Status Under the ADA

Date: Jun 21, 2025

Beyond the Job: Stanley v. City of Sanford and the Temporal Limits of “Qualified Individual” Status Under the ADA Introduction Stanley v. City of Sanford, 606 U.S. ___ (2025), is the Supreme Court’s...

From Zoning Grievance to Constitutional Claim: The Third Circuit Re-frames the “Conscience-Shocking” Test in Routine Land-Use Disputes

Date: Jun 20, 2025

From Zoning Grievance to Constitutional Claim: The Third Circuit Re-frames the “Conscience-Shocking” Test in Routine Land-Use Disputes 1. Introduction John Seitz IV and his company, Hickory Hill...

Crandall v. McDonough: Confirming that District Courts Lack Jurisdiction over Stand-Alone Whistleblower Protection Act Claims

Date: Jun 20, 2025

Crandall v. McDonough: Confirming that District Courts Lack Jurisdiction over Stand-Alone Whistleblower Protection Act Claims 1. Introduction In Kenneth Crandall v. Denis McDonough, the United States...

Clarifying the Evidentiary Threshold for “Exceptional and Extremely Unusual Hardship” Post-Wilkinson – Commentary on Luis Tubon Guangatal v. Attorney General (3d Cir. 2025)

Date: Jun 20, 2025

Clarifying the Evidentiary Threshold for “Exceptional and Extremely Unusual Hardship” Post-Wilkinson Commentary on Luis Tubon Guangatal v. Attorney General (3d Cir. 2025) 1. Introduction The Third...

“Too Soon for Immunity” – Third Circuit Clarifies that Qualified-Immunity Motions to Dismiss Must Fail When the Complaint States a Plausible Constitutional Violation but Lacks Facts to Assess “Clearly Established” Law

Date: Jun 20, 2025

“Too Soon for Immunity” – Third Circuit Clarifies that Qualified-Immunity Motions to Dismiss Must Fail When the Complaint States a Plausible Constitutional Violation but Lacks Facts to Assess...

“Connected-To” Is Pure Fact: Fifth Circuit Bars Judicial Review of Causation Findings in VAWA Cancellation (Agwuegbo v. Bondi)

Date: Jun 20, 2025

“Connected-To” Is Pure Fact: Fifth Circuit Bars Judicial Review of Causation Findings in VAWA Cancellation Commentary on Agwuegbo v. Bondi, No. 24-60388 (5th Cir. June 18 2025) 1. Introduction In...

Boone v. Rankin County: Fifth Circuit Adopts “Abuse-of-Discretion” Review for Compensatory Education Under IDEA

Date: Jun 20, 2025

Boone v. Rankin County: Fifth Circuit Adopts “Abuse-of-Discretion” Review for Compensatory Education Under IDEA Introduction In Boone v. Rankin County Public School District, No. 23-60333 (5th Cir....

“Infancy in Arms” – McCoy v. ATF and the Recognition of a Historical ‘Infancy Doctrine’ Limitation on Commercial Fire-Arm Sales

Date: Jun 20, 2025

“Infancy in Arms” – McCoy v. ATF and the Recognition of a Historical ‘Infancy Doctrine’ Limitation on Commercial Fire-Arm Sales 1. Introduction In Joshua McCoy v. Bureau of Alcohol, Tobacco, Firearms...

Frazier v. Prince George’s County: No Article III Adverseness to Sitting Judges and No Quasi-Judicial Immunity for Municipalities in § 1983 Actions

Date: Jun 20, 2025

Frazier v. Prince George’s County: No Article III Adverseness to Sitting Judges and No Quasi-Judicial Immunity for Municipalities in § 1983 Actions Introduction In Robert Frazier v. Prince George’s...

“From ‘Sheer Surmise’ to Substantial Evidence” – The Second Circuit’s Refinement of Cat’s-Paw Retaliation and the Post-2019 NYSHRL Standard in Edelman v. NYU Langone

Date: Jun 20, 2025

“From ‘Sheer Surmise’ to Substantial Evidence” – The Second Circuit’s Refinement of Cat’s-Paw Retaliation and the Post-2019 NYSHRL Standard in Edelman v. NYU Langone 1. Introduction In Edelman v. NYU...

“Certification of the Right to Record Inside Police Facilities” – A Commentary on Reyes v. City of New York (2d Cir. 2025)

Date: Jun 20, 2025

“Certification of the Right to Record Inside Police Facilities” – A Commentary on Reyes v. City of New York (2d Cir. 2025) 1. Introduction The Second Circuit’s decision in Reyes v. City of New York,...

“No Relation-Back” Deportation: Sixth Circuit Holds §1227(a)(2)(E)(i) Inapplicable to Crimes Committed while an Alien Was a Naturalized Citizen

Date: Jun 20, 2025

“No Relation-Back” Deportation: Sixth Circuit Holds §1227(a)(2)(E)(i) Inapplicable to Crimes Committed while an Alien Was a Naturalized Citizen 1. Introduction In Elfido Gonzalez Castillo v. Pamela...

Previous Next