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  • Commentaries
  • Judgments

federal Case Commentaries

“Roberts v. Rayonier” and the Eleventh Circuit’s Reinforcement of the
            Amount-in-Controversy “Legal Certainty” Test when Injunctive Relief and Un-pleaded
            Punitive Damages Are Invoked

“Roberts v. Rayonier” and the Eleventh Circuit’s Reinforcement of the Amount-in-Controversy “Legal Certainty” Test when Injunctive Relief and Un-pleaded Punitive Damages Are Invoked

Date: May 10, 2025
“Roberts v. Rayonier” and the Eleventh Circuit’s Reinforcement of the Amount-in-Controversy “Legal Certainty” Test when Injunctive Relief and Un-pleaded Punitive Damages Are Invoked Introduction The...
Expansive Definition of “Crime of Child Abuse” Encompassing Attempted Online Solicitation: Sandoval Argueta v. Bondi

Expansive Definition of “Crime of Child Abuse” Encompassing Attempted Online Solicitation: Sandoval Argueta v. Bondi

Date: May 10, 2025
Expansive Definition of “Crime of Child Abuse” Encompassing Attempted Online Solicitation: Sandoval Argueta v. Bondi Introduction Sandoval Argueta v. Bondi (5th Cir. May 9, 2025) clarifies the scope...
Wyatt v. SCI-Mahanoy: Pleading Standards for Collective Prison Lockdowns Under the Eighth and Fourteenth Amendments

Wyatt v. SCI-Mahanoy: Pleading Standards for Collective Prison Lockdowns Under the Eighth and Fourteenth Amendments

Date: May 10, 2025
Wyatt v. SCI-Mahanoy: Pleading Standards for Collective Prison Lockdowns Under the Eighth and Fourteenth Amendments Introduction In Tariq Wyatt v. Superintendent Mahanoy SCI, the United States Court...
Self-Serving Affidavits, Implied Covenant, and Unjust Enrichment: Daimler v. Moehle Precedent

Self-Serving Affidavits, Implied Covenant, and Unjust Enrichment: Daimler v. Moehle Precedent

Date: May 10, 2025
Self-Serving Affidavits, Implied Covenant, and Unjust Enrichment: Daimler v. Moehle Precedent 1. Introduction Eric Daimler and Chris Moehle, both early-stage robotics investors, formed two joint...
Clarification of Personal Jurisdiction and Contract Privity in Insurance Claims: Smith v. Aegon USA

Clarification of Personal Jurisdiction and Contract Privity in Insurance Claims: Smith v. Aegon USA

Date: May 10, 2025
Clarification of Personal Jurisdiction and Contract Privity in Insurance Claims: Smith v. Aegon USA Introduction Smith v. Aegon USA, decided May 9, 2025 by the Fifth Circuit Court of Appeals,...
Circumstantial Evidence Can Rebut the Grand-Jury Probable-Cause Presumption in Confession Cases; Failure to Preserve Qualified Immunity in a Rule 50 Motion Forfeits Post-Verdict Relief

Circumstantial Evidence Can Rebut the Grand-Jury Probable-Cause Presumption in Confession Cases; Failure to Preserve Qualified Immunity in a Rule 50 Motion Forfeits Post-Verdict Relief

Date: May 10, 2025
Circumstantial Evidence Can Rebut the Grand-Jury Probable-Cause Presumption in Confession Cases; Failure to Preserve Qualified Immunity in a Rule 50 Motion Forfeits Post-Verdict Relief Introduction...
Sixth Circuit (Ohio law): Insurer May Settle and Recoup Under a Fronting Policy Without Proving Reasonableness or Obtaining the Insured’s Consent

Sixth Circuit (Ohio law): Insurer May Settle and Recoup Under a Fronting Policy Without Proving Reasonableness or Obtaining the Insured’s Consent

Date: May 10, 2025
Sixth Circuit (Ohio law): Insurer May Settle and Recoup Under a Fronting Policy Without Proving Reasonableness or Obtaining the Insured’s Consent Case: Ironshore Indemnity, Inc. v. Evenflo Company,...
United States v. Estacio: Eleventh Circuit Reaffirms Broad District-Court Discretion to Deny § 3582(c)(2) Reductions After Amendment 821

United States v. Estacio: Eleventh Circuit Reaffirms Broad District-Court Discretion to Deny § 3582(c)(2) Reductions After Amendment 821

Date: May 10, 2025
United States v. Estacio: Eleventh Circuit Reaffirms Broad District-Court Discretion to Deny § 3582(c)(2) Reductions After Amendment 821 Introduction In United States v. Henri Manrique Estacio, No....
Affirmative Acts Tolling Rule: Unwritten “No-Poach” Conspiracies and the Sherman Act Statute of Limitations

Affirmative Acts Tolling Rule: Unwritten “No-Poach” Conspiracies and the Sherman Act Statute of Limitations

Date: May 10, 2025
Affirmative Acts Tolling Rule: Unwritten “No-Poach” Conspiracies and the Sherman Act Statute of Limitations Introduction This commentary examines the United States Court of Appeals for the Fourth...
Restricting the Substantial Identity Exception Under Title VII’s Exhaustion Requirement

Restricting the Substantial Identity Exception Under Title VII’s Exhaustion Requirement

Date: May 10, 2025
Restricting the Substantial Identity Exception Under Title VII’s Exhaustion Requirement Introduction Harry A. Bolden, a Black male former billing specialist at CAEI, brought suit against CAEI and its...
Reaffirmation of the Constitutionality of 18 U.S.C. § 922(g)(1) and Federal Jurisdictional Principles

Reaffirmation of the Constitutionality of 18 U.S.C. § 922(g)(1) and Federal Jurisdictional Principles

Date: May 10, 2025
Reaffirmation of the Constitutionality of 18 U.S.C. § 922(g)(1) and Federal Jurisdictional Principles Introduction United States v. Gibson is a per curiam decision of the Fifth Circuit rendered on...
No Chapter 13 Trustee Percentage Fee Absent Plan Confirmation: Second Circuit Aligns with Seventh, Ninth, and Tenth Circuits

No Chapter 13 Trustee Percentage Fee Absent Plan Confirmation: Second Circuit Aligns with Seventh, Ninth, and Tenth Circuits

Date: May 10, 2025
No Chapter 13 Trustee Percentage Fee Absent Plan Confirmation: Second Circuit Aligns with Seventh, Ninth, and Tenth Circuits Introduction In In re: Soussis, the U.S. Court of Appeals for the Second...
United States v. Franco: Reinforcing Harmless-Error Doctrine and Clarifying the Non-Hearsay Use of Identification Statements in Supervised-Release Revocation Hearings

United States v. Franco: Reinforcing Harmless-Error Doctrine and Clarifying the Non-Hearsay Use of Identification Statements in Supervised-Release Revocation Hearings

Date: May 10, 2025
United States v. Franco: Reinforcing Harmless-Error Doctrine and Clarifying the Non-Hearsay Use of Identification Statements in Supervised-Release Revocation Hearings Introduction In United States v....
“Evolving-Claim Credibility” – Second Circuit Clarifies Deference Owed to Immigration Judges When Asylum Applicants Expand or Alter Their Narrative

“Evolving-Claim Credibility” – Second Circuit Clarifies Deference Owed to Immigration Judges When Asylum Applicants Expand or Alter Their Narrative

Date: May 10, 2025
“Evolving-Claim Credibility” – Second Circuit Clarifies Deference Owed to Immigration Judges When Asylum Applicants Expand or Alter Their Narrative Introduction Singh v. Bondi, No. 23-6319 (2d Cir....
Mandatory Issue-Exhaustion and Corroboration Standards in Asylum Appeals: Commentary on Nkezea Efuetnji v. Bondi (2d Cir. 2025)

Mandatory Issue-Exhaustion and Corroboration Standards in Asylum Appeals: Commentary on Nkezea Efuetnji v. Bondi (2d Cir. 2025)

Date: May 10, 2025
Mandatory Issue-Exhaustion and Corroboration Standards in Asylum Appeals: Nkezea Efuetnji v. Bondi (2d Cir. 2025) 1. Introduction This commentary examines the Second Circuit’s Summary Order in Nkezea...
Malhi v. Bondi: The Second Circuit’s Clarification on Abandonment and Unchallenged Credibility Findings in Immigration Appeals

Malhi v. Bondi: The Second Circuit’s Clarification on Abandonment and Unchallenged Credibility Findings in Immigration Appeals

Date: May 10, 2025
Malhi v. Bondi: The Second Circuit’s Clarification on Abandonment and Unchallenged Credibility Findings in Immigration Appeals Introduction Case: Malhi v. Bondi, No. 23-6549 (2d Cir. May 9, 2025) –...
New Legal Rule: IDEA Procedural Victory Confers Prevailing-Party Status for Fee Awards

New Legal Rule: IDEA Procedural Victory Confers Prevailing-Party Status for Fee Awards

Date: May 10, 2025
New Legal Rule: IDEA Procedural Victory Confers Prevailing-Party Status for Fee Awards Introduction Micayla Augustyn v. Wall Township Board of Education is a 2025 Third Circuit decision that...
Prevailing Party Status Under IDEA: Attorneys' Fees for Procedural Victories

Prevailing Party Status Under IDEA: Attorneys' Fees for Procedural Victories

Date: May 10, 2025
Prevailing Party Status Under IDEA: Attorneys' Fees for Procedural Victories Introduction Micayla Augustyn v. Wall Township Board of Education (3rd Cir. 2025) addresses whether a student who...
Sixth Circuit Bars Sentencing Courts from Relying on Uncorroborated Multi‑Layer Police‑Report Hearsay to Impose the §2K2.1(b)(4)(A) Stolen‑Firearm Enhancement

Sixth Circuit Bars Sentencing Courts from Relying on Uncorroborated Multi‑Layer Police‑Report Hearsay to Impose the §2K2.1(b)(4)(A) Stolen‑Firearm Enhancement

Date: May 10, 2025
Sixth Circuit Bars Sentencing Courts from Relying on Uncorroborated Multi‑Layer Police‑Report Hearsay to Impose the §2K2.1(b)(4)(A) Stolen‑Firearm Enhancement Introduction In United States v. Curtis...
Pleading Knowledge and Assistance in Florida Aiding-and-Abetting Fraud: Otto Candies, LLC v. Citigroup, Inc.

Pleading Knowledge and Assistance in Florida Aiding-and-Abetting Fraud: Otto Candies, LLC v. Citigroup, Inc.

Date: May 9, 2025
Pleading Knowledge and Assistance in Florida Aiding-and-Abetting Fraud: Otto Candies, LLC v. Citigroup, Inc. Introduction Otto Candies, LLC v. Citigroup, Inc. is a landmark Eleventh Circuit decision...
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