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federal Case Commentaries

Axis Insurance Co. v. Barracuda Networks, Inc.: Relationship-Based Limits on Equitable Indemnity and Waiver-by-Silence in Cybersecurity Supply Chains

Axis Insurance Co. v. Barracuda Networks, Inc.: Relationship-Based Limits on Equitable Indemnity and Waiver-by-Silence in Cybersecurity Supply Chains

Date: Nov 22, 2025
Axis Insurance Co. v. Barracuda Networks, Inc.: Relationship-Based Limits on Equitable Indemnity and Waiver-by-Silence in Cybersecurity Supply Chains I. Introduction The First Circuit’s decision in...
Gibson Foundation, Inc. v. Norris: Internal “Plan” Emails, Rule 803(3), and Proving Implied Bailment Agreements

Gibson Foundation, Inc. v. Norris: Internal “Plan” Emails, Rule 803(3), and Proving Implied Bailment Agreements

Date: Nov 22, 2025
Gibson Foundation, Inc. v. Norris: Internal “Plan” Emails, Rule 803(3), and Proving Implied Bailment Agreements I. Introduction The First Circuit’s decision in Gibson Foundation, Inc. v. Norris, No....
Presumption of Public Access to EAJA Net‑Worth Exhibits in OSHA Adjudications: Commentary on Riverdale Mills Corp. v. Chavez‑DeRemer

Presumption of Public Access to EAJA Net‑Worth Exhibits in OSHA Adjudications: Commentary on Riverdale Mills Corp. v. Chavez‑DeRemer

Date: Nov 22, 2025
Presumption of Public Access to EAJA Net‑Worth Exhibits in OSHA Adjudications: Commentary on Riverdale Mills Corp. v. Chavez‑DeRemer I. Introduction This commentary analyzes the First Circuit’s...
United States v. Lane & Wang: Limits on Mental-Health Evidence, Expert Hearsay, and Entrapment in IEEPA Sanctions Prosecutions

United States v. Lane & Wang: Limits on Mental-Health Evidence, Expert Hearsay, and Entrapment in IEEPA Sanctions Prosecutions

Date: Nov 22, 2025
United States v. Lane & Wang: Limits on Mental-Health Evidence, Expert Hearsay, and Entrapment in IEEPA Sanctions Prosecutions Court: United States Court of Appeals for the Third Circuit Decision...
Reaffirming IEEPA’s Constitutionality and Clarifying Limits on Mental‑Health and Entrapment Defenses: Commentary on United States v. Zhenyu Wang & Daniel Ray Lane (3d Cir. 2025)

Reaffirming IEEPA’s Constitutionality and Clarifying Limits on Mental‑Health and Entrapment Defenses: Commentary on United States v. Zhenyu Wang & Daniel Ray Lane (3d Cir. 2025)

Date: Nov 22, 2025
Reaffirming IEEPA’s Constitutionality and Clarifying Limits on Mental‑Health and Entrapment Defenses: Commentary on United States v. Zhenyu Wang & Daniel Ray Lane (3d Cir. 2025) I. Introduction This...
Futility of Reporting and Ignored Evidence: The Fourth Circuit Strengthens “Unable or Unwilling” and CAT Acquiescence Standards in Ramos Marquez v. Bondi

Futility of Reporting and Ignored Evidence: The Fourth Circuit Strengthens “Unable or Unwilling” and CAT Acquiescence Standards in Ramos Marquez v. Bondi

Date: Nov 22, 2025
Futility of Reporting and Ignored Evidence: The Fourth Circuit Strengthens “Unable or Unwilling” and CAT Acquiescence Standards in Ramos Marquez v. Bondi I. Introduction In Carlos Andres Ramos...
Corroboration as an Independent Ground to Deny Asylum: Commentary on Acan‑Gualancanay v. Bondi (2d Cir. 2025)

Corroboration as an Independent Ground to Deny Asylum: Commentary on Acan‑Gualancanay v. Bondi (2d Cir. 2025)

Date: Nov 22, 2025
Corroboration as an Independent Ground to Deny Asylum: Commentary on Acan‑Gualancanay v. Bondi (2d Cir. 2025) I. Introduction This commentary analyzes the United States Court of Appeals for the...
Pleading COVID‑19 Vaccine Allergies as Disabilities Under the ADA: Commentary on Cecere v. Canisius University

Pleading COVID‑19 Vaccine Allergies as Disabilities Under the ADA: Commentary on Cecere v. Canisius University

Date: Nov 22, 2025
Pleading COVID‑19 Vaccine Allergies as Disabilities Under the ADA: Commentary on Cecere v. Canisius University (2d Cir. 2025) I. Introduction The Second Circuit’s summary order in Cecere v. Canisius...
Reaffirming Specific Intent and Chain-of-Events Analysis in CAT Claims Involving Mental Illness: Commentary on Kebede v. Bondi

Reaffirming Specific Intent and Chain-of-Events Analysis in CAT Claims Involving Mental Illness: Commentary on Kebede v. Bondi

Date: Nov 22, 2025
Reaffirming Specific Intent and Chain-of-Events Analysis in CAT Claims Involving Mental Illness: Commentary on Kebede v. Bondi I. Introduction This commentary examines the Second Circuit’s summary...
Metellus v. Jolly (2d Cir. 2025): Subject‑Matter Jurisdiction, Judicial Immunity, and the Limits of Trademark and Copyright Claims Against State Courts

Metellus v. Jolly (2d Cir. 2025): Subject‑Matter Jurisdiction, Judicial Immunity, and the Limits of Trademark and Copyright Claims Against State Courts

Date: Nov 22, 2025
Metellus v. Jolly (2d Cir. 2025): Subject‑Matter Jurisdiction, Judicial Immunity, and the Limits of Trademark and Copyright Claims Against State Courts I. Introduction The Second Circuit’s summary...
Speculation Is Not Acquiescence: Suescum‑Mora v. Bondi and the Distinct State‑Action Standard for CAT Protection

Speculation Is Not Acquiescence: Suescum‑Mora v. Bondi and the Distinct State‑Action Standard for CAT Protection

Date: Nov 22, 2025
Speculation Is Not Acquiescence: Suescum‑Mora v. Bondi and the Distinct State‑Action Standard for CAT Protection I. Introduction This commentary examines the Second Circuit’s summary order in...
Intrinsic Overdose Evidence, Overdose Causation, and Within-Guidelines Sentencing in Opioid Cases: Commentary on United States v. Wyche (2d Cir. 2025)

Intrinsic Overdose Evidence, Overdose Causation, and Within-Guidelines Sentencing in Opioid Cases: Commentary on United States v. Wyche (2d Cir. 2025)

Date: Nov 22, 2025
Intrinsic Overdose Evidence, Overdose Causation, and Within-Guidelines Sentencing in Opioid Cases: Commentary on United States v. Wyche (2d Cir. 2025) I. Introduction This commentary examines the...
No Dismissal With Prejudice Without Service: Personal Jurisdiction Limits on Inherent Dismissal Power in Bilal v. Benoit

No Dismissal With Prejudice Without Service: Personal Jurisdiction Limits on Inherent Dismissal Power in Bilal v. Benoit

Date: Nov 22, 2025
No Dismissal With Prejudice Without Service: Personal Jurisdiction Limits on Inherent Dismissal Power in Bilal v. Benoit I. Introduction This Eleventh Circuit decision, Jamaal Ali Bilal v. Jeffrey...
Symptoms Are Not Enough: Functional Impairment and the ERISA Claimant’s Burden in Mental‑Health Disability Claims — Commentary on Stacy Hovan v. Metropolitan Life Insurance Co.

Symptoms Are Not Enough: Functional Impairment and the ERISA Claimant’s Burden in Mental‑Health Disability Claims — Commentary on Stacy Hovan v. Metropolitan Life Insurance Co.

Date: Nov 22, 2025
Symptoms Are Not Enough: Functional Impairment and the ERISA Claimant’s Burden in Mental‑Health Disability Claims Commentary on Stacy Hovan v. Metropolitan Life Insurance Company (11th Cir. Nov. 20,...
United States v. McCray: Explicit Factual Findings and Nexus Requirements for Attempted First-Degree Murder Cross-References under U.S.S.G. § 2K2.1(c)(1)

United States v. McCray: Explicit Factual Findings and Nexus Requirements for Attempted First-Degree Murder Cross-References under U.S.S.G. § 2K2.1(c)(1)

Date: Nov 22, 2025
United States v. McCray: Explicit Factual Findings and Nexus Requirements for Attempted First-Degree Murder Cross-References under U.S.S.G. § 2K2.1(c)(1) I. Introduction In United States v. Antonio...
"You Break It, You Own It": Eleventh Circuit Clarifies County Monell Liability for Privatized Jail Healthcare in Smothers v. Childers

"You Break It, You Own It": Eleventh Circuit Clarifies County Monell Liability for Privatized Jail Healthcare in Smothers v. Childers

Date: Nov 22, 2025
"You Break It, You Own It": Eleventh Circuit Clarifies County Monell Liability for Privatized Jail Healthcare in Smothers v. Childers I. Introduction In Pamela Smothers v. Roger Childers, et al. (No....
United States v. Oropesa: Section 241 Applies to Conspiracies to Violate Rights Created by the FACE Act

United States v. Oropesa: Section 241 Applies to Conspiracies to Violate Rights Created by the FACE Act

Date: Nov 22, 2025
United States v. Oropesa: Section 241 Applies to Conspiracies to Violate Rights Created by the FACE Act I. Introduction In United States v. Gabriella Victoria Oropesa, No. 25‑10928 (11th Cir. Nov....
Title VI Discrimination, Retaliation, and “Cat’s Paw” Liability in the School–Contractor Context: Commentary on Quinn v. Columbia County School District

Title VI Discrimination, Retaliation, and “Cat’s Paw” Liability in the School–Contractor Context: Commentary on Quinn v. Columbia County School District

Date: Nov 21, 2025
Title VI Discrimination, Retaliation, and “Cat’s Paw” Liability in the School–Contractor Context: Commentary on Quinn v. Columbia County School District I. Introduction The Eleventh Circuit’s...
EEZ as “High Seas” and Limits on Minor-Role Reductions under the MDLEA: Commentary on United States v. Vasquez (11th Cir. 2025)

EEZ as “High Seas” and Limits on Minor-Role Reductions under the MDLEA: Commentary on United States v. Vasquez (11th Cir. 2025)

Date: Nov 21, 2025
EEZ as “High Seas” and Limits on Minor-Role Reductions under the MDLEA: Commentary on United States v. Vasquez (11th Cir. 2025) I. Introduction This consolidated, unpublished per curiam decision of...
Reaffirming Firearm Foreseeability in Maritime Drug Conspiracies: Commentary on United States v. Garcia‑Castillo (11th Cir. 2025)

Reaffirming Firearm Foreseeability in Maritime Drug Conspiracies: Commentary on United States v. Garcia‑Castillo (11th Cir. 2025)

Date: Nov 21, 2025
Reaffirming Firearm Foreseeability in Maritime Drug Conspiracies: Commentary on United States v. Garcia‑Castillo (11th Cir. 2025) I. Introduction This commentary analyzes the Eleventh Circuit’s...
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