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  • Commentaries
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federal Case Commentaries

Forfeiture, Futility, and Exhaustion: The Seventh Circuit’s Clarification of Litigation Duties in Anderson v. United Airlines (2025)

Forfeiture, Futility, and Exhaustion: The Seventh Circuit’s Clarification of Litigation Duties in Anderson v. United Airlines (2025)

Date: Jun 11, 2025
Forfeiture, Futility, and Exhaustion: The Seventh Circuit’s Clarification of Litigation Duties in Anderson v. United Airlines (2025) 1. Introduction Case name: Thomas Anderson, et al. v. United...
“Full-Record Review” Standard Solidified: Minimal Oral Explanation Can Sustain Above-Guideline Sentences on Revocation of Supervised Release

“Full-Record Review” Standard Solidified: Minimal Oral Explanation Can Sustain Above-Guideline Sentences on Revocation of Supervised Release

Date: Jun 11, 2025
“Full-Record Review” Standard Solidified: Minimal Oral Explanation Can Sustain Above-Guideline Sentences on Revocation of Supervised Release 1. Introduction In United States v. Roger Snake,...
Beyond the Evidence Table: First Circuit Re-Affirms Courts’ “Un-Flagging Duty” to Investigate Any Contact between a Deliberating Jury and an Adversary’s Case Agent

Beyond the Evidence Table: First Circuit Re-Affirms Courts’ “Un-Flagging Duty” to Investigate Any Contact between a Deliberating Jury and an Adversary’s Case Agent

Date: Jun 11, 2025
Beyond the Evidence Table: First Circuit Re-Affirms Courts’ “Un-Flagging Duty” to Investigate Any Contact between a Deliberating Jury and an Adversary’s Case Agent 1. Introduction United States v....
United States v. Matta-Quiñones (1st Cir. 2025): The “Un-Flagging Duty” to Probe Case-Agent Contact with Deliberating Jurors

United States v. Matta-Quiñones (1st Cir. 2025): The “Un-Flagging Duty” to Probe Case-Agent Contact with Deliberating Jurors

Date: Jun 11, 2025
United States v. Matta-Quiñones (1st Cir. 2025): The “Un-Flagging Duty” to Probe Case-Agent Contact with Deliberating Jurors Introduction On 9 June 2025 the United States Court of Appeals for the...
No Liberty Interest in Short-Term Restricted Housing & No Private Right of Action under Criminal Statutes – A Comment on Andrews v. Pennsylvania DOC

No Liberty Interest in Short-Term Restricted Housing & No Private Right of Action under Criminal Statutes – A Comment on Andrews v. Pennsylvania DOC

Date: Jun 11, 2025
No Liberty Interest in Short-Term Restricted Housing and the Futility of Implied Private Rights of Action: Commentary on Daniel Andrews, Sr. v. Pennsylvania Department of Corrections (3d Cir. 2025)...
Temporal Reach of Amended U.S.S.G. § 1B1.13 and the “Actual-Time-Served” Threshold – A Commentary on United States v. Rodney Crawley (4th Cir. 2025)

Temporal Reach of Amended U.S.S.G. § 1B1.13 and the “Actual-Time-Served” Threshold – A Commentary on United States v. Rodney Crawley (4th Cir. 2025)

Date: Jun 11, 2025
Temporal Reach of Amended U.S.S.G. § 1B1.13 and the “Actual-Time-Served” Threshold – A Commentary on United States v. Rodney Crawley (4th Cir. 2025) Introduction United States v. Rodney Crawley, No....
United States v. Jackson: Fifth Circuit Clarifies Limits on Sua Sponte “Edwards Competency” Hearings for Self-Represented Defendants

United States v. Jackson: Fifth Circuit Clarifies Limits on Sua Sponte “Edwards Competency” Hearings for Self-Represented Defendants

Date: Jun 11, 2025
United States v. Jackson: Fifth Circuit Clarifies Limits on Sua Sponte “Edwards Competency” Hearings for Self-Represented Defendants Introduction In United States v. Jackson, No. 23-30683 (5th Cir....
“The Peck Rule”: When a Third-Party’s State-Law Title Trumps Federal Relation-Back in Criminal Forfeiture

“The Peck Rule”: When a Third-Party’s State-Law Title Trumps Federal Relation-Back in Criminal Forfeiture

Date: Jun 11, 2025
“The Peck Rule” – A Tenth Circuit Blueprint for Ancillary Proceedings: State-Law Superior Interests Defeat Federal Forfeiture Even Where “Tainted” Funds Enhanced the Property 1. Introduction United...
Clarifying the Preclusive Effect of State-Confirmed Tenure Arbitration Awards on Subsequent Federal Title VII Claims – A Commentary on Janicki v. Washington Township Board of Education

Clarifying the Preclusive Effect of State-Confirmed Tenure Arbitration Awards on Subsequent Federal Title VII Claims – A Commentary on Janicki v. Washington Township Board of Education

Date: Jun 11, 2025
Clarifying the Preclusive Effect of State-Confirmed Tenure Arbitration Awards on Subsequent Federal Title VII Claims – A Commentary on Gregory Janicki v. Washington Township Board of Education...
Priority of State-Law Ownership over Federal Forfeiture: A Commentary on United States v. Peck (10th Cir. 2025)

Priority of State-Law Ownership over Federal Forfeiture: A Commentary on United States v. Peck (10th Cir. 2025)

Date: Jun 11, 2025
Priority of State-Law Ownership over Federal Forfeiture: A Commentary on United States v. Peck (10th Cir. 2025) 1. Introduction In United States v. Peck, the United States Court of Appeals for the...
Grey v. Alfonso-Royals: Fourth Circuit Confirms that FOIA Exemption 7(E) Shields Law-Enforcement Training Materials Without a “Risk-of-Circumvention” Showing

Grey v. Alfonso-Royals: Fourth Circuit Confirms that FOIA Exemption 7(E) Shields Law-Enforcement Training Materials Without a “Risk-of-Circumvention” Showing

Date: Jun 11, 2025
Grey v. Alfonso-Royals: Fourth Circuit Confirms that FOIA Exemption 7(E) Shields Law-Enforcement Training Materials Without a “Risk-of-Circumvention” Showing I. Introduction Fabian Grey, a Jamaican...
Morrow v. Jones: The Fifth Circuit Declares Rule 23(h) Notice a Non-Forfeitable Prerequisite to Attorney-Fee Awards

Morrow v. Jones: The Fifth Circuit Declares Rule 23(h) Notice a Non-Forfeitable Prerequisite to Attorney-Fee Awards

Date: Jun 11, 2025
Morrow v. Jones: The Fifth Circuit Declares Rule 23(h) Notice a Non-Forfeitable Prerequisite to Attorney-Fee Awards Introduction Morrow v. Jones (United States Court of Appeals for the Fifth Circuit,...
Clarifying Ascertainability and Consumer Remedies in “Short‐Change” Class Actions

Clarifying Ascertainability and Consumer Remedies in “Short‐Change” Class Actions

Date: Jun 10, 2025
Clarifying Ascertainability and Consumer Remedies in “Short-Change” Class Actions Introduction In Bridget McMahon and James Rice v. Chipotle Mexican Grill, Inc., Nos. 24-1883 & 24-2042 (3d Cir. June...
Clarifying Ascertainability in Rule 23(b)(3) Class Actions: Objective Criteria and Feasible Identification Mechanisms

Clarifying Ascertainability in Rule 23(b)(3) Class Actions: Objective Criteria and Feasible Identification Mechanisms

Date: Jun 10, 2025
Clarifying Ascertainability in Rule 23(b)(3) Class Actions: Objective Criteria and Feasible Identification Mechanisms Introduction The Third Circuit’s decision in Bridget McMahon v. Chipotle Mexican...
Reaffirming the 90-Day Filing Deadline: Limited Equitable Tolling for ADA Actions Filed Pro Se

Reaffirming the 90-Day Filing Deadline: Limited Equitable Tolling for ADA Actions Filed Pro Se

Date: Jun 10, 2025
Reaffirming the 90-Day Filing Deadline: Limited Equitable Tolling for ADA Actions Filed Pro Se Introduction In Judy Percival v. Kelley Zimmerman, the United States Court of Appeals for the Third...
Non-Party Immunity from Arbitration Awards: Third Circuit Upholds Permanent Injunction in Trustees v. Patterson

Non-Party Immunity from Arbitration Awards: Third Circuit Upholds Permanent Injunction in Trustees v. Patterson

Date: Jun 10, 2025
Non-Party Immunity from Arbitration Awards: Third Circuit Upholds Permanent Injunction in Trustees v. Patterson Introduction Trustees of the General Assembly of the Church of the Lord Jesus Christ of...
Clarifying Mitigating Role Adjustments Under USSG §3B1.2: Distinction Between Minor and Minimal Participants

Clarifying Mitigating Role Adjustments Under USSG §3B1.2: Distinction Between Minor and Minimal Participants

Date: Jun 10, 2025
Clarifying Mitigating Role Adjustments Under USSG §3B1.2: Distinction Between Minor and Minimal Participants Introduction United States v. Ricky Sanchez (3d Cir. 2025) addresses the distinction...
Qualified Immunity and Defensive Return Fire in Human-Shield Hostage Encounters

Qualified Immunity and Defensive Return Fire in Human-Shield Hostage Encounters

Date: Jun 10, 2025
Qualified Immunity and Defensive Return Fire in Human-Shield Hostage Encounters Introduction This appeal arises from the tragic death of three-month-old La’Mello Parker, who was held by his father as...
Macias v. Bexar County: Reinforcing Rule 16 Good Cause and Monell Liability Requirements

Macias v. Bexar County: Reinforcing Rule 16 Good Cause and Monell Liability Requirements

Date: Jun 10, 2025
Macias v. Bexar County: Reinforcing Rule 16 Good Cause and Monell Liability Requirements Introduction Macias v. Bexar County is a Fifth Circuit decision issued on June 6, 2025. It arose from the...
Full Faith and Credit Bars Relitigation of State-Court Defenses in Federal Civil-Rights Suits

Full Faith and Credit Bars Relitigation of State-Court Defenses in Federal Civil-Rights Suits

Date: Jun 10, 2025
Full Faith and Credit Bars Relitigation of State-Court Defenses in Federal Civil-Rights Suits Introduction Odeh v. Butler is a Fifth Circuit decision clarifying how federal courts must apply...
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