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  • Commentaries
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federal Case Commentaries

Objective Reasonableness in Traffic Stops and Consent Searches: United States v. Terry

Objective Reasonableness in Traffic Stops and Consent Searches: United States v. Terry

Date: May 7, 2025
Objective Reasonableness in Traffic Stops and Consent Searches: United States v. Terry Introduction United States v. John T. Terry (3d Cir. 2025) arises from a routine Pennsylvania Turnpike traffic...
Quid Pro Quo-by-Implication, “As Opportunities Arise,” and RICO Conspiracy: The Sixth Circuit’s Roadmap for Public-Corruption Prosecutions after United States v. Householder and United States v. Borges

Quid Pro Quo-by-Implication, “As Opportunities Arise,” and RICO Conspiracy: The Sixth Circuit’s Roadmap for Public-Corruption Prosecutions after United States v. Householder and United States v. Borges

Date: May 7, 2025
Quid Pro Quo-by-Implication, “As Opportunities Arise,” and RICO Conspiracy: The Sixth Circuit’s Roadmap for Public-Corruption Prosecutions after United States v. Householder and United States v....
Procedural–Substantive Line Clarified: Unpreserved “Impermissible Factor” Claims Face Plain-Error Review, and Dissimilar Prior Crimes May Support Upward Variances

Procedural–Substantive Line Clarified: Unpreserved “Impermissible Factor” Claims Face Plain-Error Review, and Dissimilar Prior Crimes May Support Upward Variances

Date: May 7, 2025
Procedural–Substantive Line Clarified: Unpreserved “Impermissible Factor” Claims Face Plain-Error Review, and Dissimilar Prior Crimes May Support Upward Variances Introduction In United States v....
Defining New Bivens Contexts: Waltermeyer v. Hazlewood and the Limits of Eighth Amendment Damages Claims

Defining New Bivens Contexts: Waltermeyer v. Hazlewood and the Limits of Eighth Amendment Damages Claims

Date: May 7, 2025
Defining New Bivens Contexts: Waltermeyer v. Hazlewood and the Limits of Eighth Amendment Damages Claims Introduction Waltermeyer v. Hazlewood, decided by the First Circuit on May 6, 2025, addresses...
Fourth Circuit Clarifies Noerr-Pennington Immunity for Contested TCPA Suits: Sham Litigation Exception Refined

Fourth Circuit Clarifies Noerr-Pennington Immunity for Contested TCPA Suits: Sham Litigation Exception Refined

Date: May 7, 2025
Fourth Circuit Clarifies Noerr-Pennington Immunity for Contested TCPA Suits: Sham Litigation Exception Refined Introduction This case arises from a 2019 suit brought by Navient Solutions, LLC...
Quid Pro Quo, Proven by Implication: Sixth Circuit Affirms RICO Convictions and Requires Quid Pro Quo Standards for Bribery Predicates Involving Campaign Contributions

Quid Pro Quo, Proven by Implication: Sixth Circuit Affirms RICO Convictions and Requires Quid Pro Quo Standards for Bribery Predicates Involving Campaign Contributions

Date: May 7, 2025
Quid Pro Quo, Proven by Implication: Sixth Circuit Affirms RICO Convictions and Requires Quid Pro Quo Standards for Bribery Predicates Involving Campaign Contributions Introduction In United States...
Maglana v. Celebrity Cruises Inc.: Clarifying Unlawful Detention and Outrageous Conduct in Maritime Torts

Maglana v. Celebrity Cruises Inc.: Clarifying Unlawful Detention and Outrageous Conduct in Maritime Torts

Date: May 7, 2025
Maglana v. Celebrity Cruises Inc.: Clarifying Unlawful Detention and Outrageous Conduct in Maritime Torts Introduction In Maglana v. Celebrity Cruises Inc., the Eleventh Circuit addressed whether...
Judicial Determination of Felony Status as a Question of Law: United States v. Steven Fulton

Judicial Determination of Felony Status as a Question of Law: United States v. Steven Fulton

Date: May 7, 2025
Judicial Determination of Felony Status as a Question of Law: United States v. Steven Fulton Introduction United States v. Steven Fulton, decided May 6, 2025 by the U.S. Court of Appeals for the...
Materiality of Omitted Administrative Rulings in Probable Cause Determinations

Materiality of Omitted Administrative Rulings in Probable Cause Determinations

Date: May 7, 2025
Materiality of Omitted Administrative Rulings in Probable Cause Determinations Introduction Megan Hedgepeth v. Nash County is an unpublished Fourth Circuit decision addressing the interplay between...
Sixth Circuit Tightens Pleading for ERISA Recordkeeping-Fee Claims: Price Disparities and “Fungibility” Allegations Are Not Enough (England v. DENSO)

Sixth Circuit Tightens Pleading for ERISA Recordkeeping-Fee Claims: Price Disparities and “Fungibility” Allegations Are Not Enough (England v. DENSO)

Date: May 7, 2025
Sixth Circuit Tightens Pleading for ERISA Recordkeeping-Fee Claims: Price Disparities and “Fungibility” Allegations Are Not Enough Case: Martha D. England v. DENSO International America Inc., No....
Legitimate Remedial Choices by State Regulators Are Not Deliberate Indifference, But Misleading Municipal Assurances About Water Safety Can State a Fourteenth Amendment Bodily-Integrity Claim

Legitimate Remedial Choices by State Regulators Are Not Deliberate Indifference, But Misleading Municipal Assurances About Water Safety Can State a Fourteenth Amendment Bodily-Integrity Claim

Date: May 7, 2025
Legitimate Remedial Choices by State Regulators Are Not Deliberate Indifference, But Misleading Municipal Assurances About Water Safety Can State a Fourteenth Amendment Bodily-Integrity Claim...
“Clarifying the Boundary of ‘Questions of Law’ in Asylum-Deadline Challenges” — A Commentary on Hernandez Benito v. Bondi (2d Cir. 2025)

“Clarifying the Boundary of ‘Questions of Law’ in Asylum-Deadline Challenges” — A Commentary on Hernandez Benito v. Bondi (2d Cir. 2025)

Date: May 7, 2025
“Clarifying the Boundary of ‘Questions of Law’ in Asylum-Deadline Challenges” Commentary on Hernandez Benito v. Bondi, 23-6697 (2d Cir. May 6 2025) Introduction The United States Court of Appeals for...
Furnisher’s Duty to Conduct Reasonable Reinvestigation Under FCRA §1681s-2(b)

Furnisher’s Duty to Conduct Reasonable Reinvestigation Under FCRA §1681s-2(b)

Date: May 7, 2025
Furnisher’s Duty to Conduct Reasonable Reinvestigation Under FCRA §1681s-2(b) Introduction Michael and Andrew Ritz ("Plaintiffs") leased a vehicle that Nissan Motor Acceptance Corporation ("Nissan")...
Allowing Employer’s Interested-Witness Evidence at Summary Judgment in Discrimination Cases: New Rule in Mauldin v. Wormuth

Allowing Employer’s Interested-Witness Evidence at Summary Judgment in Discrimination Cases: New Rule in Mauldin v. Wormuth

Date: May 7, 2025
Allowing Employer’s Interested-Witness Evidence at Summary Judgment in Discrimination Cases: New Rule in Mauldin v. Wormuth Introduction Mauldin v. Wormuth (10th Cir. May 6, 2025) is a landmark...
Incorporation of Standard Supervised-Release Conditions and Controlled Substance Offense Clarification under the Fourth Circuit Sentencing Guidelines

Incorporation of Standard Supervised-Release Conditions and Controlled Substance Offense Clarification under the Fourth Circuit Sentencing Guidelines

Date: May 7, 2025
Incorporation of Standard Supervised-Release Conditions and Controlled Substance Offense Clarification under the Fourth Circuit Sentencing Guidelines Introduction The Fourth Circuit’s unpublished per...
Establishing the Constitutional Threshold for Judicial Impartiality: Unexceptional Campaign Contributions and Past Associations Do Not Violate Due Process

Establishing the Constitutional Threshold for Judicial Impartiality: Unexceptional Campaign Contributions and Past Associations Do Not Violate Due Process

Date: May 7, 2025
Establishing the Constitutional Threshold for Judicial Impartiality: Unexceptional Campaign Contributions and Past Associations Do Not Violate Due Process Introduction Meade v. Bonin is a Fifth...
Qualified Immunity Shield for Non-Lethal Force Against Suicidal, Noncompliant Subjects: Cambre v. Gottardi

Qualified Immunity Shield for Non-Lethal Force Against Suicidal, Noncompliant Subjects: Cambre v. Gottardi

Date: May 7, 2025
Qualified Immunity Shield for Non-Lethal Force Against Suicidal, Noncompliant Subjects: Cambre v. Gottardi Introduction In Cambre v. Gottardi, the Fifth Circuit addressed whether two Sheriff’s Office...
Reyes Santos v. Bondi: Strict Exhaustion and the Non-Jurisdictional Nature of Date-Less Notices to Appear

Reyes Santos v. Bondi: Strict Exhaustion and the Non-Jurisdictional Nature of Date-Less Notices to Appear

Date: May 7, 2025
Reyes Santos v. Bondi: Strict Exhaustion and the Non-Jurisdictional Nature of Date-Less Notices to Appear 1. Introduction Reyes Santos v. Bondi, No. 23-7182 (2d Cir. May 6 2025) is a Second Circuit...
Extension of Doyle: Prohibition on Using Post-Arrest Partial Silence for Impeachment

Extension of Doyle: Prohibition on Using Post-Arrest Partial Silence for Impeachment

Date: May 7, 2025
Extension of Doyle: Prohibition on Using Post-Arrest Partial Silence for Impeachment Introduction Case: United States v. Ward Court: U.S. Court of Appeals for the Tenth Circuit Date: May 6, 2025...
RFRA’s Express‐Authorization Exception to Consular Nonreviewability: Judicial Review of Visa Decisions

RFRA’s Express‐Authorization Exception to Consular Nonreviewability: Judicial Review of Visa Decisions

Date: May 7, 2025
RFRA’s Express‐Authorization Exception to Consular Nonreviewability: Judicial Review of Visa Decisions Introduction In Calvary Albuquerque Inc. v. Rubio (10th Cir. 2025), a New Mexico church...
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