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  • Commentaries
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federal Case Commentaries

Certification over Erie Guess in Surrogate‑Signed Arbitration Agreements: Commentary on Stanford v. Brandon Nursing

Certification over Erie Guess in Surrogate‑Signed Arbitration Agreements: Commentary on Stanford v. Brandon Nursing

Date: Nov 23, 2025
Certification over Erie Guess in Surrogate‑Signed Arbitration Agreements: Commentary on Stanford v. Brandon Nursing I. Introduction The Fifth Circuit’s decision in Stanford v. Brandon Nursing and...
United States v. Hernandez: Categorical Disarmament of Violent Felons and the Continued Exclusion of Short-Barreled Shotguns from Second Amendment Protection

United States v. Hernandez: Categorical Disarmament of Violent Felons and the Continued Exclusion of Short-Barreled Shotguns from Second Amendment Protection

Date: Nov 23, 2025
United States v. Hernandez: Categorical Disarmament of Violent Felons and the Continued Exclusion of Short-Barreled Shotguns from Second Amendment Protection I. Introduction In United States v....
Pleading Religious Objections and Defining Vaccination Status Under Federal Anti-Discrimination Law: Commentary on Finn v. Humane Society of the United States (4th Cir. 2025)

Pleading Religious Objections and Defining Vaccination Status Under Federal Anti-Discrimination Law: Commentary on Finn v. Humane Society of the United States (4th Cir. 2025)

Date: Nov 23, 2025
Pleading Religious Objections and Defining Vaccination Status Under Federal Anti‑Discrimination Law: A Commentary on Finn v. Humane Society of the United States (4th Cir. 2025) I. Introduction The...
Swink v. Southern Health Partners: Objective Deliberate Indifference, Monell Liability for Contracted Jail Healthcare, and Expert Causation

Swink v. Southern Health Partners: Objective Deliberate Indifference, Monell Liability for Contracted Jail Healthcare, and Expert Causation

Date: Nov 23, 2025
Swink v. Southern Health Partners: Objective Deliberate Indifference, Monell Liability for Contracted Jail Healthcare, and Expert Causation I. Introduction In Juliana Swink v. Southern Health...
When Statutory Review Schemes “Malfunction”: The Fourth Circuit’s New Functionality Overlay on Thunder Basin and CSRA Preclusion in Nat’l Ass’n of Immigration Judges v. Owen

When Statutory Review Schemes “Malfunction”: The Fourth Circuit’s New Functionality Overlay on Thunder Basin and CSRA Preclusion in Nat’l Ass’n of Immigration Judges v. Owen

Date: Nov 23, 2025
When Statutory Review Schemes “Malfunction”: The Fourth Circuit’s New Functionality Overlay on Thunder Basin and CSRA Preclusion in Nat’l Ass’n of Immigration Judges v. Owen I. Introduction This...
United States v. Robinson: Redressability, Mootness, and the Nonjurisdictional Character of AEDPA’s Second-or-Successive Bar

United States v. Robinson: Redressability, Mootness, and the Nonjurisdictional Character of AEDPA’s Second-or-Successive Bar

Date: Nov 23, 2025
United States v. Robinson: Redressability, Mootness, and the Nonjurisdictional Character of AEDPA’s Second-or-Successive Bar I. Introduction In United States v. Carlos Demond Robinson, No. 22‑7200...
ERISA Standing, Actuarial Non‑Fiduciary Status, and High‑Risk Investment Strategies: Commentary on Carlisle v. Board of Trustees of the NYS Teamsters Fund

ERISA Standing, Actuarial Non‑Fiduciary Status, and High‑Risk Investment Strategies: Commentary on Carlisle v. Board of Trustees of the NYS Teamsters Fund

Date: Nov 23, 2025
ERISA Standing, Actuarial Non‑Fiduciary Status, and High‑Risk Investment Strategies: Commentary on Carlisle v. Board of Trustees of the New York State Teamsters Conference Pension & Retirement Fund...
Presumptive Validity of Firearms‑Training Requirements After Bruen: The Second Circuit’s Application in Corbett v. Hochul

Presumptive Validity of Firearms‑Training Requirements After Bruen: The Second Circuit’s Application in Corbett v. Hochul

Date: Nov 23, 2025
Presumptive Validity of Firearms‑Training Requirements After Bruen: The Second Circuit’s Application in Corbett v. Hochul I. Introduction In Corbett v. Hochul, No. 22‑3210‑cv (2d Cir. Nov. 21, 2025)...
Davis v. ODN I GmbH: Express Termination Rights, the Implied Covenant, and Tortious Interference under New York Law

Davis v. ODN I GmbH: Express Termination Rights, the Implied Covenant, and Tortious Interference under New York Law

Date: Nov 23, 2025
Davis v. ODN I GmbH: Express Termination Rights, the Implied Covenant, and Tortious Interference under New York Law I. Introduction The Second Circuit’s summary order in Davis v. ODN I GmbH, No....

    ADA Retaliation Without Proof of Disability and the Demands of Pretext:
    Commentary on Philbert v. New York City Department of Education (2d Cir. 2025)

ADA Retaliation Without Proof of Disability and the Demands of Pretext: Commentary on Philbert v. New York City Department of Education (2d Cir. 2025)

Date: Nov 23, 2025
ADA Retaliation Without Proof of Disability and the Demands of Pretext: Commentary on Philbert v. New York City Department of Education (2d Cir. 2025) Court: United States Court of Appeals for the...
Reaffirming UCC Gap-Filling and Corporate Officer Authority in Exclusive Distribution Agreements: Commentary on Alessi Equipment, Inc. v. American Piledriving Equipment, Inc.

Reaffirming UCC Gap-Filling and Corporate Officer Authority in Exclusive Distribution Agreements: Commentary on Alessi Equipment, Inc. v. American Piledriving Equipment, Inc.

Date: Nov 23, 2025
Reaffirming UCC Gap-Filling and Corporate Officer Authority in Exclusive Distribution Agreements: Commentary on Alessi Equipment, Inc. v. American Piledriving Equipment, Inc. I. Introduction This...
Moore v. Rubin: Punitive Damages and Consent Under the TVPA in Coercive BDSM Encounters

Moore v. Rubin: Punitive Damages and Consent Under the TVPA in Coercive BDSM Encounters

Date: Nov 23, 2025
Moore v. Rubin: Punitive Damages and Consent Under the TVPA in Coercive BDSM Encounters I. Introduction The Second Circuit’s decision in Moore v. Rubin, No. 24‑2018‑cv (2d Cir. Nov. 21, 2025), is a...
“All Means All” Under Rule 41(a)(1)(A)(ii): The Eleventh Circuit’s Strict Finality Doctrine in Curlee v. AT&T Mobility Services

“All Means All” Under Rule 41(a)(1)(A)(ii): The Eleventh Circuit’s Strict Finality Doctrine in Curlee v. AT&T Mobility Services

Date: Nov 23, 2025
“All Means All” Under Rule 41(a)(1)(A)(ii): The Eleventh Circuit’s Strict Finality Doctrine in Curlee v. AT&T Mobility Services I. Introduction In Amanda Curlee v. AT&T Mobility Services, LLC, an...
Verbal Provocation Alone Cannot Render Otherwise Reasonable Force Excessive: Commentary on Medina v. City of Daytona Beach

Verbal Provocation Alone Cannot Render Otherwise Reasonable Force Excessive: Commentary on Medina v. City of Daytona Beach

Date: Nov 23, 2025
Verbal Provocation Alone Cannot Render Otherwise Reasonable Force Excessive: Commentary on Medina v. City of Daytona Beach I. Introduction Anthony Medina v. City of Daytona Beach, No. 25-10552 (11th...
Anti‑Evasion of FLSA Overtime and Prevailing‑Party Status After Rule 68: Commentary on David Thompson v. Regions Security Services, Inc.

Anti‑Evasion of FLSA Overtime and Prevailing‑Party Status After Rule 68: Commentary on David Thompson v. Regions Security Services, Inc.

Date: Nov 23, 2025
Anti‑Evasion of FLSA Overtime and Prevailing‑Party Status After Rule 68: Comprehensive Commentary on David Thompson v. Regions Security Services, Inc. I. Introduction This consolidated Eleventh...
Clarifying FLSA Anti‑Evasion and Prevailing‑Party Fees After Rule 68 Judgments: Commentary on Thompson v. Regions Security Services, Inc.

Clarifying FLSA Anti‑Evasion and Prevailing‑Party Fees After Rule 68 Judgments: Commentary on Thompson v. Regions Security Services, Inc.

Date: Nov 23, 2025
Clarifying FLSA Anti‑Evasion and Prevailing‑Party Fees After Rule 68 Judgments: Commentary on Thompson v. Regions Security Services, Inc. I. Introduction This consolidated Eleventh Circuit decision...
Bodycam Footage, Hidden Hands, and Qualified Immunity at the Pleading Stage: Commentary on Johnson v. Williams

Bodycam Footage, Hidden Hands, and Qualified Immunity at the Pleading Stage: Commentary on Johnson v. Williams

Date: Nov 23, 2025
Bodycam Footage, Hidden Hands, and Qualified Immunity at the Pleading Stage: Commentary on Johnson v. Williams I. Introduction This commentary examines the Eleventh Circuit’s unpublished decision in...
United States v. Plaza Estacio: Accuracy and Policy-Statement Fidelity in Amendment 821 Sentence-Reduction Proceedings

United States v. Plaza Estacio: Accuracy and Policy-Statement Fidelity in Amendment 821 Sentence-Reduction Proceedings

Date: Nov 23, 2025
United States v. Plaza Estacio: Accuracy and Policy-Statement Fidelity in Amendment 821 Sentence-Reduction Proceedings I. Introduction The Eleventh Circuit’s unpublished decision in United States v....
Clark v. Wyoming DOC and the Demands of Equal Protection and Retaliation Pleading in Pro Se Prisoner Appeals

Clark v. Wyoming DOC and the Demands of Equal Protection and Retaliation Pleading in Pro Se Prisoner Appeals

Date: Nov 23, 2025
Clark v. Wyoming Department of Corrections and the Demands of Equal Protection and Retaliation Pleading in Pro Se Prisoner Appeals I. Introduction The Tenth Circuit’s order and judgment in Clark v....
Plain-Error Limits on Appellate Review of Unexplained Upward Departures Under U.S.S.G. § 5K2.8: Commentary on United States v. Mendibles (10th Cir. 2025)

Plain-Error Limits on Appellate Review of Unexplained Upward Departures Under U.S.S.G. § 5K2.8: Commentary on United States v. Mendibles (10th Cir. 2025)

Date: Nov 23, 2025
Plain-Error Limits on Appellate Review of Unexplained Upward Departures Under U.S.S.G. § 5K2.8: Commentary on United States v. Mendibles (10th Cir. 2025) I. Introduction In United States v....
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