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  • Commentaries
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federal Case Commentaries

Qualified Immunity for Outside Government Counsel and Retaliatory Client Pressure: Commentary on James A. DeLanis v. Metropolitan Government of Nashville

Qualified Immunity for Outside Government Counsel and Retaliatory Client Pressure: Commentary on James A. DeLanis v. Metropolitan Government of Nashville

Date: Nov 30, 2025
Qualified Immunity for Outside Government Counsel and Retaliatory Client Pressure: Commentary on James A. DeLanis v. Metropolitan Government of Nashville & Davidson County I. Introduction This Sixth...
Cadence Bank v. Bridgelink: The Nerve-Center Test for Multi‑Headquartered Banks and Strict Construction of Guarantor Release Clauses

Cadence Bank v. Bridgelink: The Nerve-Center Test for Multi‑Headquartered Banks and Strict Construction of Guarantor Release Clauses

Date: Nov 30, 2025
Cadence Bank v. Bridgelink: The Nerve-Center Test for Multi‑Headquartered Banks and Strict Construction of Guarantor Release Clauses I. Introduction The Fifth Circuit’s decision in Cadence Bank v....
Reaffirming Batton and the Rule of Orderliness: FOIA Attorney-Fee Awards After Bermudez v. EOIR

Reaffirming Batton and the Rule of Orderliness: FOIA Attorney-Fee Awards After Bermudez v. EOIR

Date: Nov 30, 2025
Reaffirming Batton and the Rule of Orderliness: FOIA Attorney-Fee Awards After Bermudez v. EOIR I. Introduction The Fifth Circuit’s unpublished per curiam decision in Bermudez v. Executive Office for...
Benavides v. Harris County: Distinguishing Intentional and Accidental Police Shootings Under the Texas Tort Claims Act’s Intentional‑Tort Exception

Benavides v. Harris County: Distinguishing Intentional and Accidental Police Shootings Under the Texas Tort Claims Act’s Intentional‑Tort Exception

Date: Nov 30, 2025
Benavides v. Harris County: Distinguishing Intentional and Accidental Police Shootings Under the Texas Tort Claims Act’s Intentional‑Tort Exception I. Introduction The Fifth Circuit’s unpublished per...
Nerve Center Over Corporate Labels: The Fifth Circuit Clarifies Corporate Citizenship and Strict Compliance with Guarantor Release Clauses in Cadence Bank v. Johnson

Nerve Center Over Corporate Labels: The Fifth Circuit Clarifies Corporate Citizenship and Strict Compliance with Guarantor Release Clauses in Cadence Bank v. Johnson

Date: Nov 30, 2025
Nerve Center Over Corporate Labels: The Fifth Circuit Clarifies Corporate Citizenship and Strict Compliance with Guarantor Release Clauses in Cadence Bank v. Johnson I. Introduction The Fifth...
Strict Contemporaneity for State-of-Mind Hearsay and the Role of Independent Investigations in Retaliation Claims: Commentary on Acevedo v. City of Reading (3d Cir. 2025)

Strict Contemporaneity for State-of-Mind Hearsay and the Role of Independent Investigations in Retaliation Claims: Commentary on Acevedo v. City of Reading (3d Cir. 2025)

Date: Nov 30, 2025
Strict Contemporaneity for State-of-Mind Hearsay and the Role of Independent Investigations in Retaliation Claims: Commentary on Acevedo v. City of Reading (3d Cir. 2025) I. Introduction This...
Second Circuit Clarifies FMLA Discouragement, Notice, and Retaliation Standards in Haran v. Orange Business Services, Inc.

Second Circuit Clarifies FMLA Discouragement, Notice, and Retaliation Standards in Haran v. Orange Business Services, Inc.

Date: Nov 30, 2025
Second Circuit Clarifies FMLA Discouragement, Notice, and Retaliation Standards in Haran v. Orange Business Services, Inc. I. Introduction The United States Court of Appeals for the Second Circuit’s...
Voter Reference Foundation v. Torrez: NVRA Preempts State Limits on Use and Online Publication of Voter Registration Data

Voter Reference Foundation v. Torrez: NVRA Preempts State Limits on Use and Online Publication of Voter Registration Data

Date: Nov 30, 2025
Voter Reference Foundation v. Torrez: NVRA Preempts State Limits on Use and Online Publication of Voter Registration Data I. Introduction In Voter Reference Foundation, LLC v. Torrez, Nos. 24‑2133 &...
When Employment Merely Facilitates, But Does Not Motivate, Persecution: Nexus Clarified in Oliva‑Oliva v. Bondi (10th Cir. 2025)

When Employment Merely Facilitates, But Does Not Motivate, Persecution: Nexus Clarified in Oliva‑Oliva v. Bondi (10th Cir. 2025)

Date: Nov 30, 2025
When Employment Merely Facilitates, But Does Not Motivate, Persecution: Nexus Clarified in Oliva‑Oliva v. Bondi (10th Cir. 2025) I. Introduction In Oliva‑Oliva v. Bondi, No. 25‑9511 (10th Cir. Nov....
Riley v. Commissioner, SSA: Enforcing a Meaningful “Supportability” Explanation for Medical Opinions in Social Security Disability Cases

Riley v. Commissioner, SSA: Enforcing a Meaningful “Supportability” Explanation for Medical Opinions in Social Security Disability Cases

Date: Nov 30, 2025
Riley v. Commissioner, SSA: Enforcing a Meaningful “Supportability” Explanation for Medical Opinions in Social Security Disability Cases I. Introduction The Tenth Circuit’s order and judgment in...
De Facto Officer Doctrine, Right to Travel, and Municipal Insurer Immunity in Jones v. City of Comanche

De Facto Officer Doctrine, Right to Travel, and Municipal Insurer Immunity in Jones v. City of Comanche

Date: Nov 30, 2025
De Facto Officer Doctrine, Right to Travel, and Municipal Insurer Immunity in Jones v. City of Comanche I. Introduction The Tenth Circuit’s unpublished order and judgment in Jones v. City of...
Pre‑Enforcement Challenges to Cannabis Licensing Residency and Social‑Equity Restrictions Are Ripe and Justiciable: Commentary on Jensen v. Rhode Island Cannabis Control Commission (1st Cir. 2025)

Pre‑Enforcement Challenges to Cannabis Licensing Residency and Social‑Equity Restrictions Are Ripe and Justiciable: Commentary on Jensen v. Rhode Island Cannabis Control Commission (1st Cir. 2025)

Date: Nov 29, 2025
Pre‑Enforcement Challenges to Cannabis Licensing Residency and Social‑Equity Restrictions Are Ripe and Justiciable A Comprehensive Commentary on Jensen v. Rhode Island Cannabis Control Commission,...
“Ordinary Opportunity” and Online Sex Stings: Entrapment Instructions after United States v. Medina‑Ortiz

“Ordinary Opportunity” and Online Sex Stings: Entrapment Instructions after United States v. Medina‑Ortiz

Date: Nov 29, 2025
“Ordinary Opportunity” and Online Sex Stings: Entrapment Instructions after United States v. Medina‑Ortiz I. Introduction In United States v. Medina‑Ortiz, No. 24‑1233 (1st Cir. Nov. 24, 2025), the...
Nunez v. Commissioner: Substantial Evidence and RFC Findings on Mental Health–Related Attendance and Time Off Task

Nunez v. Commissioner: Substantial Evidence and RFC Findings on Mental Health–Related Attendance and Time Off Task

Date: Nov 29, 2025
Nunez v. Commissioner of Social Security: Substantial Evidence and Residual Functional Capacity for Attendance and Time Off Task in Mental Health Disability Claims I. Introduction In Nunez v....
Recasting FRSA Whistleblower Law: Contributing‑Factor Causation and Retaliatory Hostile Work Environment After Ziparo v. CSX Transportation

Recasting FRSA Whistleblower Law: Contributing‑Factor Causation and Retaliatory Hostile Work Environment After Ziparo v. CSX Transportation

Date: Nov 29, 2025
Recasting FRSA Whistleblower Law: Contributing‑Factor Causation and Retaliatory Hostile Work Environment After Ziparo v. CSX Transportation I. Introduction In Ziparo v. CSX Transportation, Inc., No....
Government Acquiescence to Prison Gang Torture Under CAT: Commentary on B.G.S. v. Bondi (2d Cir. 2025)

Government Acquiescence to Prison Gang Torture Under CAT: Commentary on B.G.S. v. Bondi (2d Cir. 2025)

Date: Nov 29, 2025
Government Acquiescence to Prison Gang Torture Under CAT: Commentary on B.G.S. v. Bondi (2d Cir. 2025) I. Introduction The Second Circuit’s decision in B.G.S. v. Bondi, No. 23‑6862 (2d Cir. Nov. 24,...
Belated Civil-Rights Removal Theories Cannot Salvage Nonappealable Remand Orders: Commentary on Jane F. Girard v. Marissa Girard

Belated Civil-Rights Removal Theories Cannot Salvage Nonappealable Remand Orders: Commentary on Jane F. Girard v. Marissa Girard

Date: Nov 29, 2025
Belated Civil-Rights Removal Theories Cannot Salvage Nonappealable Remand Orders: Commentary on Jane F. Girard v. Marissa Girard I. Introduction The Seventh Circuit’s decision in Jane F. Girard v....
United States v. Felton: Confidential Informant Credibility Omissions, Probable Cause, and the Right to a Franks Hearing

United States v. Felton: Confidential Informant Credibility Omissions, Probable Cause, and the Right to a Franks Hearing

Date: Nov 29, 2025
United States v. Felton: Confidential Informant Credibility Omissions, Probable Cause, and the Right to a Franks Hearing I. Introduction In United States v. Donald R. Felton, No. 23‑1352 (7th Cir....
United States v. Cohen: False Statements About Another’s Sex‑Offender Registration “Relate To” Sex Offenses for Sentencing Purposes

United States v. Cohen: False Statements About Another’s Sex‑Offender Registration “Relate To” Sex Offenses for Sentencing Purposes

Date: Nov 29, 2025
United States v. Cohen: False Statements About Another’s Sex‑Offender Registration “Relate To” Sex Offenses for Sentencing Purposes I. Introduction In United States v. James A. Cohen, No. 25‑1746...
Professional Judgment, Unknown Risks, and Prison Medical Care: Commentary on Sawyer v. Kottemann (7th Cir. 2025)

Professional Judgment, Unknown Risks, and Prison Medical Care: Commentary on Sawyer v. Kottemann (7th Cir. 2025)

Date: Nov 29, 2025
Professional Judgment, Unknown Risks, and Prison Medical Care: A Commentary on Sawyer v. Kottemann (7th Cir. 2025) Note: This commentary is for informational and educational purposes only and does...
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