federal Case Commentaries

Self‑Executing Voluntary Dismissals Under Rule 41(a)(1)(A)(i): Converting a “Motion to Dismiss Without Prejudice” into a Notice in Connelly v. Daystar Builders, Inc.

Date: Nov 20, 2025

Self‑Executing Voluntary Dismissals Under Rule 41(a)(1)(A)(i): Converting a “Motion to Dismiss Without Prejudice” into a Notice in Connelly v. Daystar Builders, Inc. I. Introduction In Robert D....

United States v. Henderson: Supplemental Safety‑Valve Briefing as Good Cause for Late Guideline Objections and the Evidentiary Threshold for Firearm Enhancements

Date: Nov 20, 2025

United States v. Henderson: Supplemental Safety‑Valve Briefing as Good Cause for Late Guideline Objections and the Evidentiary Threshold for Firearm Enhancements I. Introduction United States v....

Natural Lands, LLC v. City of Boca Raton: Florida Certiorari as an “Adequate State Remedy” Bars Federal Procedural Due Process Claims in Biased Land‑Use Hearings

Date: Nov 20, 2025

Natural Lands, LLC v. City of Boca Raton: Florida Certiorari as an “Adequate State Remedy” Bars Federal Procedural Due Process Claims in Biased Land‑Use Hearings I. Introduction The Eleventh...

United States v. Karasarides & DiPietro: Sixth Circuit Clarifies “Affirmative Acts” for Tax Evasion and Sentencing Duties in Complex Cash-Based Schemes

Date: Nov 20, 2025

United States v. Karasarides & DiPietro: Sixth Circuit Clarifies “Affirmative Acts” for Tax Evasion and Sentencing Duties in Complex Cash-Based Schemes I. Introduction In United States v. Christos...

Affirmative Acts, Joint Trials, and Tax-Loss Estimation: The Sixth Circuit Refines Federal Tax Evasion and Sentencing Doctrine in United States v. Karasarides & DiPietro

Date: Nov 20, 2025

Affirmative Acts, Joint Trials, and Tax-Loss Estimation: The Sixth Circuit Refines Federal Tax Evasion and Sentencing Doctrine in United States v. Karasarides & DiPietro I. Introduction This...

Johnson v. Harpe: Jurisdictional Limits on Second-or-Successive § 2254 Petitions and the Demanding Actual Innocence Gateway

Date: Nov 20, 2025

Johnson v. Harpe: Jurisdictional Limits on Second-or-Successive § 2254 Petitions and the Demanding Actual Innocence Gateway I. Introduction In Johnson v. Harpe, No. 25-6123 (10th Cir. Nov. 17, 2025)...

Recidivist Conduct Outside the Ten-Year Period as an Aggravator of an In-Period DUI: Commentary on Luna-Corona v. Bondi (10th Cir. 2025)

Date: Nov 20, 2025

Recidivist Conduct Outside the Ten-Year Period as an Aggravator of an In-Period DUI: Commentary on Luna-Corona v. Bondi (10th Cir. 2025) I. Introduction In Luna-Corona v. Bondi, No. 24-9522 (10th...

Interlocutory Appeals, Arbitration, and Transportation-Worker CBAs: The Eleventh Circuit’s Jurisdictional Limits in APM Terminals Mobile, LLC v. ILA Local 1410

Date: Nov 20, 2025

Interlocutory Appeals, Arbitration, and Transportation-Worker CBAs: The Eleventh Circuit’s Jurisdictional Limits in APM Terminals Mobile, LLC v. ILA Local 1410 I. Introduction The Eleventh Circuit’s...

Parent Ownership and the "Stranger" Doctrine: The Eleventh Circuit’s Strict Application of Florida Tortious Interference Law in Al Rushaid v. Siemens Energy

Date: Nov 20, 2025

Parent Ownership and the "Stranger" Doctrine: The Eleventh Circuit’s Strict Application of Florida Tortious Interference Law in Al Rushaid Petroleum Investment Co. v. Siemens Energy Inc. 1....

Conditional Partial Voluntary Dismissals and Context Evidence in Prison Excessive‑Force Trials: Commentary on Jackson v. Catanzariti

Date: Nov 20, 2025

Conditional Partial Voluntary Dismissals and Context Evidence in Prison Excessive‑Force Trials: Commentary on Jackson v. Catanzariti I. Introduction This published Eleventh Circuit decision, Miguel...

Reaffirming that Social Security ALJs Need Not Expressly Recite the “Preponderance of the Evidence” Standard: Commentary on Bigger v. Bisignano (7th Cir. 2025)

Date: Nov 20, 2025

Reaffirming that Social Security ALJs Need Not Expressly Recite the “Preponderance of the Evidence” Standard: Commentary on Bigger v. Bisignano (7th Cir. 2025) I. Introduction The Seventh Circuit’s...

Miscalculated Prison Law Library Deadlines Do Not Constitute “Cause” for Habeas Procedural Default: Commentary on Jannke v. Gierach (7th Cir. 2025)

Date: Nov 20, 2025

Miscalculated Prison Law Library Deadlines Do Not Constitute “Cause” for Habeas Procedural Default: A Detailed Commentary on Terence L. Jannke v. Michael Gierach, No. 23‑2485 (7th Cir. Nov. 17, 2025)...

SEC v. Ahmed (2d Cir. 2025): Tightening Asset-Freeze Relief, Permitting Counsel Withdrawal, Declining Federal Interference with State Tax Levies under the Tax Injunction Act

Date: Nov 19, 2025

SEC v. Ahmed (2d Cir. 2025): Tightening Asset-Freeze Relief, Permitting Counsel Withdrawal, Declining Federal Interference with State Tax Levies under the Tax Injunction Act Introduction In a...

Tinoco v. Bondi (2d Cir. 2025): Reaffirmation that Pending Collateral Attacks Do Not Undermine Conviction Finality; Abandonment and Internal Relocation as Dispositive Bars to Withholding; No Automatic Stay of Removal After BIA Decision

Date: Nov 19, 2025

Tinoco v. Bondi (2d Cir. 2025): Reaffirmation that Pending Collateral Attacks Do Not Undermine Conviction Finality; Abandonment and Internal Relocation as Dispositive Bars to Withholding; No...

Nonfunctional Serialization Requirements and “Common Use”: The Second Circuit Upholds 18 U.S.C. § 922(k) Under Bruen in United States v. Gomez

Date: Nov 19, 2025

Nonfunctional Serialization Requirements and “Common Use”: The Second Circuit Upholds 18 U.S.C. § 922(k) Under Bruen in United States v. Gomez Introduction In United States v. Gomez, No. 24-1943-cr...

Tenth Circuit adopts objective, non–administrative-feasibility ascertainability; clarifies PRSA compound-interest accrual “until the day paid”; and limits punitive damages in Oklahoma royalty class actions absent an independent tort

Date: Nov 19, 2025

Tenth Circuit adopts objective, non–administrative-feasibility ascertainability; clarifies PRSA compound-interest accrual “until the day paid”; and limits punitive damages in Oklahoma royalty class...

Repeal of 12 U.S.C. § 1441a Does Not Terminate RTC Affordable-Housing Contracts: Eleventh Circuit Confirms FDIC and Its Agents Can Enforce RTC Agreements by Contract and Under 12 U.S.C. § 1831q(n)(4)

Date: Nov 18, 2025

Repeal of 12 U.S.C. § 1441a Does Not Terminate RTC Affordable-Housing Contracts: Eleventh Circuit Confirms FDIC and Its Agents Can Enforce RTC Agreements by Contract and Under 12 U.S.C. § 1831q(n)(4)...

Excess Judgment Is for Damages, Not Liability: Eleventh Circuit Limits Use of UM Verdicts in Florida First‑Party Bad Faith Trials

Date: Nov 18, 2025

Excess Judgment Is for Damages, Not Liability: Eleventh Circuit Limits Use of UM Verdicts in Florida First‑Party Bad Faith Trials Case: Lauren Woods v. Progressive American Insurance Company Court:...

No Emergency Exception to the Takings Clause: Eleventh Circuit Holds Pandemic Closure of Private Beaches Is a Per Se Physical Taking Requiring Just Compensation

Date: Nov 18, 2025

No Emergency Exception to the Takings Clause: Eleventh Circuit Holds Pandemic Closure of Private Beaches Is a Per Se Physical Taking Requiring Just Compensation Introduction This published decision...

Under New Jersey Law, Grace-Period Notices Need Not State the Amount Due; Customer-Service Assurances Do Not Estop Policy Lapse Absent Misrepresentation and Reasonable Reliance

Date: Nov 18, 2025

Under New Jersey Law, Grace-Period Notices Need Not State the Amount Due; Customer-Service Assurances Do Not Estop Policy Lapse Absent Misrepresentation and Reasonable Reliance Introduction In...

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