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federal Case Commentaries


        Nairne v. Landry: Fifth Circuit Confirms Single-Judge Jurisdiction & Broad Organizational Standing in Section 2 Voting-Rights Litigation

Nairne v. Landry: Fifth Circuit Confirms Single-Judge Jurisdiction & Broad Organizational Standing in Section 2 Voting-Rights Litigation

Date: Aug 19, 2025
Nairne v. Landry: Fifth Circuit Confirms Single-Judge Jurisdiction & Broad Organizational Standing in Section 2 Voting-Rights Litigation Introduction The Fifth Circuit’s decision in Nairne v. Landry...
Conditional Termination Notices Are Not Repudiation, and Fee-Shifting Survives Mutual Termination – A Commentary on Penthol v. Vertex Energy (5th Cir. 2025)

Conditional Termination Notices Are Not Repudiation, and Fee-Shifting Survives Mutual Termination – A Commentary on Penthol v. Vertex Energy (5th Cir. 2025)

Date: Aug 19, 2025
Conditional Termination Notices Are Not Repudiation, and Fee-Shifting Survives Mutual Termination Penthol, L.L.C. v. Vertex Energy Operating, L.L.C., No. 24-20329 (5th Cir. Aug. 14, 2025) 1....
“Beyond Debate” Re-affirmed: Fifth Circuit Clarifies the Specificity Requirement for Clearly-Established Law in Less-Lethal Force Cases

“Beyond Debate” Re-affirmed: Fifth Circuit Clarifies the Specificity Requirement for Clearly-Established Law in Less-Lethal Force Cases

Date: Aug 19, 2025
“Beyond Debate” Re-affirmed: Fifth Circuit Clarifies the Specificity Requirement for Clearly-Established Law in Less-Lethal Force Cases 1. Introduction In Smith v. Saenz, No. 24-50975 (5th Cir. Aug....
Objective Reasonableness Governs “In the Opinion Of” Notice Clauses in Reinsurance Treaties – A Commentary on U.S. Fire Insurance Co. v. Unified Life Insurance Co.

Objective Reasonableness Governs “In the Opinion Of” Notice Clauses in Reinsurance Treaties – A Commentary on U.S. Fire Insurance Co. v. Unified Life Insurance Co.

Date: Aug 19, 2025
Objective Reasonableness Governs “In the Opinion Of” Notice Clauses in Reinsurance Treaties – A Commentary on United States Fire Insurance Co. v. Unified Life Insurance Co., 5th Cir. (2025)...
Mere Observation and Incidental Touch Do Not Amount to Seizure: The “Larremore Rule” on Fourth-Amendment Encounters

Mere Observation and Incidental Touch Do Not Amount to Seizure: The “Larremore Rule” on Fourth-Amendment Encounters

Date: Aug 19, 2025
Mere Observation and Incidental Touch Do Not Amount to Seizure: The “Larremore Rule” on Fourth-Amendment Encounters Introduction United States v. Larremore, No. 24-50431 (5th Cir. Aug. 14, 2025),...
United States v. Grayson – Sixth Circuit Re-Affirms the “Clean-Hands” Exception and Sets a Modern Standard for Authenticating Fragmented Digital Recordings

United States v. Grayson – Sixth Circuit Re-Affirms the “Clean-Hands” Exception and Sets a Modern Standard for Authenticating Fragmented Digital Recordings

Date: Aug 19, 2025
United States v. Grayson – Sixth Circuit Re-Affirms the “Clean-Hands” Exception and Sets a Modern Standard for Authenticating Fragmented Digital Recordings Introduction In United States v. Ashley...
Machineguns Beyond Second-Amendment Protection: The Sixth Circuit’s Post-Bruen Reaffirmation in United States v. Brown

Machineguns Beyond Second-Amendment Protection: The Sixth Circuit’s Post-Bruen Reaffirmation in United States v. Brown

Date: Aug 19, 2025
Machineguns Beyond Second-Amendment Protection: The Sixth Circuit’s Post-Bruen Reaffirmation in United States v. Brown 1. Introduction On 14 August 2025 the United States Court of Appeals for the...
“Harmless-Error” after Erlinger: The Sixth Circuit’s Two-Track Approach in United States v. Durham & Barnes

“Harmless-Error” after Erlinger: The Sixth Circuit’s Two-Track Approach in United States v. Durham & Barnes

Date: Aug 19, 2025
“Harmless-Error” after Erlinger: The Sixth Circuit’s Two-Track Approach in United States v. Nathaniel Durham 1. Introduction The consolidated appeal of United States v. Durham & Barnes (Nos....

    Sixth Circuit Refines Harmless-Error Doctrine after Erlinger:  
    A Two-Tier Approach to “Different Occasions” under the ACCA

Sixth Circuit Refines Harmless-Error Doctrine after Erlinger: A Two-Tier Approach to “Different Occasions” under the ACCA

Date: Aug 19, 2025
Sixth Circuit Refines Harmless-Error Doctrine after Erlinger: A Two-Tier Approach to “Different Occasions” under the ACCA Introduction In United States v. Phillip Barnes (consolidated with United...
“The Recency Rule” in Asylum Adjudication: A Commentary on Martinez-Martinez v. Bondi

“The Recency Rule” in Asylum Adjudication: A Commentary on Martinez-Martinez v. Bondi

Date: Aug 19, 2025
“The Recency Rule” in Asylum Adjudication: Seventh Circuit Clarifies Government-Protection and Internal-Relocation Standards Introduction In Dania Martinez-Martinez v. Pamela J. Bondi, No. 24-3281...
From Tinker to Kuhlmeier: Seventh Circuit Clarifies that Student Club Flyers on School Walls Are School-Sponsored Speech — A Commentary on E.D. v. Noblesville School District (2025)

From Tinker to Kuhlmeier: Seventh Circuit Clarifies that Student Club Flyers on School Walls Are School-Sponsored Speech — A Commentary on E.D. v. Noblesville School District (2025)

Date: Aug 19, 2025
From Tinker to Hazelwood: Seventh Circuit Clarifies that Student Club Flyers on School Walls Are School-Sponsored Speech — A Commentary on E.D. v. Noblesville School District (2025) 1. Introduction...
Seventh Circuit Clarifies Deferential Review of “Exceptional and Extremely Unusual Hardship” Findings – Comment on Fidel Santos Mendoza v. Bondi

Seventh Circuit Clarifies Deferential Review of “Exceptional and Extremely Unusual Hardship” Findings – Comment on Fidel Santos Mendoza v. Bondi

Date: Aug 19, 2025
“Between Substantial-Evidence and Clear-Error” – The Seventh Circuit’s Post-Wilkinson Roadmap for Reviewing Hardship Determinations Introduction Fidel Santos Mendoza, a long-time resident of Indiana...
Refining the Economic-Realities Test: When Hospitals Are Not “Employers” of Contract Physicians – A Commentary on Veerasikku Bommiasamy v. NES Oklahoma, Inc.

Refining the Economic-Realities Test: When Hospitals Are Not “Employers” of Contract Physicians – A Commentary on Veerasikku Bommiasamy v. NES Oklahoma, Inc.

Date: Aug 19, 2025
Refining the Economic-Realities Test: When Hospitals Are Not “Employers” of Contract Physicians Commentary on Veerasikku Bommiasamy v. NES Oklahoma, Inc. (7th Cir. 2025) 1. Introduction The Seventh...
“Minor Policy Deviations Are Insufficient to Establish Pretext” – The New Threshold Clarified in Wendy Lohmeier v. Gottlieb Memorial Hospital

“Minor Policy Deviations Are Insufficient to Establish Pretext” – The New Threshold Clarified in Wendy Lohmeier v. Gottlieb Memorial Hospital

Date: Aug 19, 2025
“Minor Policy Deviations Are Insufficient to Establish Pretext” – Commentary on the Seventh Circuit’s Decision in Wendy Lohmeier v. Gottlieb Memorial Hospital 1. Introduction The Seventh Circuit’s...
The “Implicit Denial” Doctrine & A Re-affirmed Low Bar for Prison-Excessive-Force Claims – Commentary on Escobar-Salmeron v. Moyer (4th Cir. 2025)

The “Implicit Denial” Doctrine & A Re-affirmed Low Bar for Prison-Excessive-Force Claims – Commentary on Escobar-Salmeron v. Moyer (4th Cir. 2025)

Date: Aug 19, 2025
The “Implicit Denial” Doctrine & A Re-affirmed Low Bar for Prison-Excessive-Force Claims – Commentary on Escobar-Salmeron v. Moyer (4th Cir. 2025) Introduction Escobar-Salmeron v. Moyer is a...
Fourth Circuit Clarifies Constructive Exhaustion in FOIA: Post-Lawsuit Partial Productions Neither Moot the Action nor Revive Administrative-Appeal Requirements

Fourth Circuit Clarifies Constructive Exhaustion in FOIA: Post-Lawsuit Partial Productions Neither Moot the Action nor Revive Administrative-Appeal Requirements

Date: Aug 19, 2025
Fourth Circuit Clarifies Constructive Exhaustion in FOIA: Post-Lawsuit Partial Productions Neither Moot the Action nor Revive Administrative-Appeal Requirements Introduction Louise Trauma Center LLC...
From “Significant Harm” to “Any Disadvantage”:  Fourth-Circuit Adoption of Muldrow’s Adverse-Action Standard in Herkert v. Bisignano

From “Significant Harm” to “Any Disadvantage”: Fourth-Circuit Adoption of Muldrow’s Adverse-Action Standard in Herkert v. Bisignano

Date: Aug 19, 2025
From “Significant Harm” to “Any Disadvantage”: Fourth-Circuit Adoption of Muldrow’s Adverse-Action Standard in Herkert v. Bisignano 1. Introduction Mary Frances Herkert, a disabled employee of the...
“Removal Is Not Enough” – Fourth Circuit Clarifies Mootness, Jurisdiction, and Standing in Terrorist Watch-List Litigation (Saadiq Long v. Bondi, 2025)

“Removal Is Not Enough” – Fourth Circuit Clarifies Mootness, Jurisdiction, and Standing in Terrorist Watch-List Litigation (Saadiq Long v. Bondi, 2025)

Date: Aug 19, 2025
“Removal Is Not Enough” – Fourth Circuit Clarifies Mootness, Jurisdiction, and Standing in Terrorist Watch-List Litigation I. Introduction In Saadiq Long v. Pamela Bondi, No. 24-1369/1403 (4th Cir....
Long v. Bondi: Watchlist-Driven Credential Denials Confer Standing and § 46110 Does Not Bar District-Court Review Once TSA Orders Are Superseded

Long v. Bondi: Watchlist-Driven Credential Denials Confer Standing and § 46110 Does Not Bar District-Court Review Once TSA Orders Are Superseded

Date: Aug 19, 2025
Long v. Bondi: Watchlist-Driven Credential Denials Confer Standing and § 46110 Does Not Bar District-Court Review Once TSA Orders Are Superseded Introduction The Fourth Circuit’s published decision...
The “Intentional-Withdrawal Waiver” Doctrine – Fourth Circuit confirms that a party who withdraws proffered evidence cannot challenge its exclusion on appeal (United States v. Breeland)

The “Intentional-Withdrawal Waiver” Doctrine – Fourth Circuit confirms that a party who withdraws proffered evidence cannot challenge its exclusion on appeal (United States v. Breeland)

Date: Aug 19, 2025
The “Intentional-Withdrawal Waiver” Doctrine Fourth Circuit confirms that a party who withdraws proffered evidence cannot challenge its exclusion on appeal (United States v. Bernard K. Breeland, Jr.,...
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