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  • Commentaries
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federal Case Commentaries

Unjust Enrichment, Injunctions, and Third-Party Access Under the DTSA: A Commentary on Computer Sciences v. Tata Consultancy

Unjust Enrichment, Injunctions, and Third-Party Access Under the DTSA: A Commentary on Computer Sciences v. Tata Consultancy

Date: Nov 24, 2025
Unjust Enrichment, Injunctions, and Third-Party Access Under the DTSA: A Comprehensive Commentary on Computer Sciences Corp. v. Tata Consultancy Services Ltd., No. 24‑10749 (5th Cir. Nov. 21, 2025)...
North East ISD v. I.M.: Academic Progress Cannot Excuse Failure to Address Life‑Threatening Behavioral Regression Under the IDEA

North East ISD v. I.M.: Academic Progress Cannot Excuse Failure to Address Life‑Threatening Behavioral Regression Under the IDEA

Date: Nov 24, 2025
North East ISD v. I.M.: Academic Progress Cannot Excuse Failure to Address Life‑Threatening Behavioral Regression Under the IDEA I. Introduction In North East Independent School District v. I.M., No....
De Facto Finality and the No‑Exhaustion Rule in § 1983 Land‑Use Litigation: Commentary on T&W Holding Co. v. City of Kemah (5th Cir. 2025)

De Facto Finality and the No‑Exhaustion Rule in § 1983 Land‑Use Litigation: Commentary on T&W Holding Co. v. City of Kemah (5th Cir. 2025)

Date: Nov 24, 2025
De Facto Finality and the No‑Exhaustion Rule in § 1983 Land‑Use Litigation: T&W Holding Co. v. City of Kemah, Texas (5th Cir. 2025) I. Introduction In T&W Holding Company, L.L.C. v. City of Kemah,...
United States v. Mitchell: Limiting Permanent Felon Disarmament When the Predicate is a Marijuana-User Offense

United States v. Mitchell: Limiting Permanent Felon Disarmament When the Predicate is a Marijuana-User Offense

Date: Nov 24, 2025
United States v. Mitchell: Limiting Permanent Felon Disarmament When the Predicate is a Marijuana-User Offense I. Introduction United States v. Mitchell, No. 24-60607 (5th Cir. Nov. 21, 2025), is a...
Automatic Mootness and Munsingwear Vacatur for Expired PLRA Preliminary Injunctions: Commentary on Voice of the Experienced v. LeBlanc (5th Cir. 2025)

Automatic Mootness and Munsingwear Vacatur for Expired PLRA Preliminary Injunctions: Commentary on Voice of the Experienced v. LeBlanc (5th Cir. 2025)

Date: Nov 24, 2025
Automatic Mootness and Munsingwear Vacatur for Expired PLRA Preliminary Injunctions: Commentary on Voice of the Experienced v. LeBlanc (5th Cir. 2025) I. Introduction Voice of the Experienced v....
Strickland Prejudice, AEDPA, and Veteran Mitigation: The Fourth Circuit’s Decision in Coleman v. Dotson

Strickland Prejudice, AEDPA, and Veteran Mitigation: The Fourth Circuit’s Decision in Coleman v. Dotson

Date: Nov 24, 2025
Strickland Prejudice, AEDPA, and Veteran Mitigation: The Fourth Circuit’s Decision in Coleman v. Dotson I. Introduction The Fourth Circuit’s published decision in Christopher Coleman v. Chadwick...
Circumstantial Proof of Drug Knowledge and Strict Enforcement of Rogers: Commentary on United States v. Scott (4th Cir. 2025)

Circumstantial Proof of Drug Knowledge and Strict Enforcement of Rogers: Commentary on United States v. Scott (4th Cir. 2025)

Date: Nov 24, 2025
Circumstantial Proof of Drug Knowledge and Strict Enforcement of Rogers: Commentary on United States v. Scott (4th Cir. 2025) I. Introduction This commentary examines the Fourth Circuit’s unpublished...
Plain Error, Prior Offenses, and Felon Disarmament after Bruen: Commentary on United States v. Murray (11th Cir. 2025)

Plain Error, Prior Offenses, and Felon Disarmament after Bruen: Commentary on United States v. Murray (11th Cir. 2025)

Date: Nov 23, 2025
Plain-Error Limits on Erlinger-Based ACCA Challenges and the Continued Validity of Felon Disarmament in the Eleventh Circuit: A Commentary on United States v. Murray I. Introduction This commentary...
Interlocutory Appeals, Drug Quantity Proof, and Sentencing Records in Federal Drug Cases: A Commentary on United States v. Marc (11th Cir. 2025)

Interlocutory Appeals, Drug Quantity Proof, and Sentencing Records in Federal Drug Cases: A Commentary on United States v. Marc (11th Cir. 2025)

Date: Nov 23, 2025
Interlocutory Appeals, Drug Quantity Proof, and Sentencing Records in Federal Drug Cases: A Commentary on United States v. Marc (11th Cir. 2025) I. Introduction This commentary examines the...
Judicial Review of “Extraordinary Circumstances” in VAWA Motions to Reopen: Commentary on Sarkisov v. Bondi (6th Cir. 2025)

Judicial Review of “Extraordinary Circumstances” in VAWA Motions to Reopen: Commentary on Sarkisov v. Bondi (6th Cir. 2025)

Date: Nov 23, 2025
Judicial Review of “Extraordinary Circumstances” in VAWA Motions to Reopen: Commentary on Sarkisov v. Bondi (6th Cir. 2025) I. Introduction In Arsen Sarkisov v. Pamela Bondi, No. 23-3965 (6th Cir....
Houston v. Tanner: Clarifying “Facts Underlying the Claim” and Actual-Innocence Gateways in Successive Habeas Petitions

Houston v. Tanner: Clarifying “Facts Underlying the Claim” and Actual-Innocence Gateways in Successive Habeas Petitions

Date: Nov 23, 2025
Houston v. Tanner: Clarifying “Facts Underlying the Claim” and Actual-Innocence Gateways in Successive Habeas Petitions I. Introduction This commentary examines the Sixth Circuit’s published decision...
Porter Smith v. MDOC: Sixth Circuit Rejects a Private Retaliation Cause of Action Under § 504 of the Rehabilitation Act

Porter Smith v. MDOC: Sixth Circuit Rejects a Private Retaliation Cause of Action Under § 504 of the Rehabilitation Act

Date: Nov 23, 2025
Porter Smith v. Michigan Department of Corrections: Sixth Circuit Rejects a Private Retaliation Cause of Action Under § 504 of the Rehabilitation Act I. Introduction In Porter Smith v. Michigan...
Fixing “Child” Status at the Immigration Judge’s Decision: The Sixth Circuit’s Post‑Loper Bright Approach to INA § 1229b(b)(1)(D) in Perez‑Perez v. Bondi

Fixing “Child” Status at the Immigration Judge’s Decision: The Sixth Circuit’s Post‑Loper Bright Approach to INA § 1229b(b)(1)(D) in Perez‑Perez v. Bondi

Date: Nov 23, 2025
Fixing “Child” Status at the Immigration Judge’s Decision: The Sixth Circuit’s Post‑Loper Bright Approach to INA § 1229b(b)(1)(D) in Perez‑Perez v. Bondi I. Introduction In Roderico Filadelfo...
Affirmative Disclosure, Not Mere Plea: The Sixth Circuit Reaffirms the “Tell-All” Requirement for Safety‑Valve Relief Under 18 U.S.C. § 3553(f)(5)

Affirmative Disclosure, Not Mere Plea: The Sixth Circuit Reaffirms the “Tell-All” Requirement for Safety‑Valve Relief Under 18 U.S.C. § 3553(f)(5)

Date: Nov 23, 2025
Affirmative Disclosure, Not Mere Plea: The Sixth Circuit Reaffirms the “Tell-All” Requirement for Safety‑Valve Relief Under 18 U.S.C. § 3553(f)(5) I. Introduction In United States v. William Hartson,...
Intent Matters: The Eleventh Circuit Narrows ERISA “Preexisting Condition” Exclusions in Johnson v. Reliance Standard

Intent Matters: The Eleventh Circuit Narrows ERISA “Preexisting Condition” Exclusions in Johnson v. Reliance Standard

Date: Nov 23, 2025
Intent Matters: The Eleventh Circuit Narrows ERISA “Preexisting Condition” Exclusions in Johnson v. Reliance Standard I. Introduction In Cheriese D. Johnson v. Reliance Standard Life Insurance...
Judicial Review of “Exceptional and Extremely Unusual Hardship” After Wilkinson: Commentary on Zhu v. Attorney General

Judicial Review of “Exceptional and Extremely Unusual Hardship” After Wilkinson: Commentary on Zhu v. Attorney General

Date: Nov 23, 2025
Judicial Review of “Exceptional and Extremely Unusual Hardship” After Wilkinson: A Commentary on Ailan Zhu v. Attorney General United States of America I. Introduction This commentary examines the...
United States v. Bishop: Harmless Error, Rule 404(b), and Sentencing in Federal Prison-Contraband Prosecutions

United States v. Bishop: Harmless Error, Rule 404(b), and Sentencing in Federal Prison-Contraband Prosecutions

Date: Nov 23, 2025
United States v. Bishop: Harmless Error, Rule 404(b), and Sentencing in Federal Prison-Contraband Prosecutions Court: United States Court of Appeals for the Third Circuit Date: November 20, 2025...
Enforcing Appellate Waivers in Anders Appeals: Commentary on United States v. Fitzgerald Daliot‑Rios

Enforcing Appellate Waivers in Anders Appeals: Commentary on United States v. Fitzgerald Daliot‑Rios

Date: Nov 23, 2025
Enforcing Appellate Waivers in Anders Appeals: Commentary on United States v. Fitzgerald Daliot‑Rios I. Introduction This commentary examines the Third Circuit’s nonprecedential opinion in United...
Minimal FTCA Notice and Spousal Claims: Ellsworth v. Dallas TX DVA and the Scope of Administrative Presentment

Minimal FTCA Notice and Spousal Claims: Ellsworth v. Dallas TX DVA and the Scope of Administrative Presentment

Date: Nov 23, 2025
Minimal FTCA Notice and Spousal Claims: Ellsworth v. Dallas TX DVA and the Scope of Administrative Presentment I. Introduction Ellsworth v. Dallas TX Department of Veterans Affairs, No. 25‑40183 (5th...
Threats to Assault Federal Officials as Crimes of Violence: McLean v. Bondi and the Divisibility of 18 U.S.C. § 115(a)(1)(B)

Threats to Assault Federal Officials as Crimes of Violence: McLean v. Bondi and the Divisibility of 18 U.S.C. § 115(a)(1)(B)

Date: Nov 23, 2025
Threats to Assault Federal Officials as Crimes of Violence: McLean v. Bondi and the Divisibility of 18 U.S.C. § 115(a)(1)(B) I. Introduction The Fifth Circuit’s decision in McLean v. Bondi, No....
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