federal Case Commentaries

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...

Primary Industry Controls: Fifth Circuit Holds SBA May Reassign NAICS Codes and Apply Section 7(a) Size Rules to PPP Affiliation Waivers

Date: Nov 18, 2025

Primary Industry Controls: Fifth Circuit Holds SBA May Reassign NAICS Codes and Apply Section 7(a) Size Rules to PPP Affiliation Waivers Introduction This commentary analyzes the Fifth Circuit’s...

No Silent Summary Judgments: Fifth Circuit Vacates Hostile-Environment Disposition for Failure to Comply with Rule 56(a)’s Reason-Giving Requirement

Date: Nov 18, 2025

No Silent Summary Judgments: Fifth Circuit Vacates Hostile-Environment Disposition for Failure to Comply with Rule 56(a)’s Reason-Giving Requirement Introduction In Smith v. United Parcel Service,...

Bonner Cements Fifth Circuit Foreclosure of Standard § 922(g)(1) Challenges; Concurrence Flags Commerce Clause and Bruen Methodology Fault Lines

Date: Nov 18, 2025

Bonner Cements Fifth Circuit Foreclosure of Standard § 922(g)(1) Challenges; Concurrence Flags Commerce Clause and Bruen Methodology Fault Lines Introduction In United States v. Bonner, No. 24-60601...

No Rule 11 Duty to Warn That Criminal Forfeiture Can Exceed the Statutory Maximum Fine; Broad Appeal Waivers Encompass Forfeiture Challenges

Date: Nov 18, 2025

No Rule 11 Duty to Warn That Criminal Forfeiture Can Exceed the Statutory Maximum Fine; Broad Appeal Waivers Encompass Forfeiture Challenges Introduction In United States v. Shawn Johnson, Nos....

Forfeiture Is Not a “Fine” for Rule 11 Purposes: Fourth Circuit Upholds Plea Advisements, Enforces Appeal Waiver Over Forfeiture, and Reaffirms Bar on As‑Applied § 922(g)(1) Challenges

Date: Nov 18, 2025

Forfeiture Is Not a “Fine” for Rule 11 Purposes: Fourth Circuit Upholds Plea Advisements, Enforces Appeal Waiver Over Forfeiture, and Reaffirms Bar on As‑Applied § 922(g)(1) Challenges Introduction...

Forfeiture Is Not a “Fine” for Rule 11 Purposes: The Fourth Circuit Clarifies Plea Colloquy Advisements and Appeal-Waiver Limits in United States v. Johnson

Date: Nov 18, 2025

Forfeiture Is Not a “Fine” for Rule 11 Purposes: The Fourth Circuit Clarifies Plea Colloquy Advisements and Appeal-Waiver Limits in United States v. Johnson Court: United States Court of Appeals for...

Alternative-Variance “Safety Valve”: The Fourth Circuit Reaffirms That an Explicit, Well‑Reasoned Alternative Sentence Can Neutralize a Guidelines Miscalculation on Plain‑Error Review

Date: Nov 18, 2025

Alternative-Variance “Safety Valve”: The Fourth Circuit Reaffirms That an Explicit, Well‑Reasoned Alternative Sentence Can Neutralize a Guidelines Miscalculation on Plain‑Error Review Introduction...

Abandonment, Exhaustion, and Financial Motive: Second Circuit Reaffirms Nexus Requirements in Gang-Related Asylum Claims

Date: Nov 16, 2025

Abandonment, Exhaustion, and Financial Motive: Second Circuit Reaffirms Nexus Requirements in Gang-Related Asylum Claims Introduction In Chucuri-Carguachi v. Bondi (2d Cir. Nov. 14, 2025), a...

Victim’s Signed Complaint Can Supply Probable Cause for Any Offense; Pretrial Food-Deprivation Claims Fail Absent Harm or Deliberate Indifference

Date: Nov 16, 2025

Victim’s Signed Complaint Can Supply Probable Cause for Any Offense; Pretrial Food-Deprivation Claims Fail Absent Harm or Deliberate Indifference Introduction In Peterkin v. Carr, No. 24-1148-cv (2d...

Using Real Identities to Overcome Due Diligence Is “At the Crux” Under § 1028A: The Second Circuit’s Application of Dubin in United States v. Colello

Date: Nov 16, 2025

Using Real Identities to Overcome Due Diligence Is “At the Crux” Under § 1028A: The Second Circuit’s Application of Dubin in United States v. Colello Court: U.S. Court of Appeals for the Second...

Deferential Review of “Exceptional and Extremely Unusual Hardship” and No Consolidation of Pending Motions to Reopen: Cruz‑Lopez v. Bondi (6th Cir. 2025)

Date: Nov 16, 2025

Deferential Review of “Exceptional and Extremely Unusual Hardship” and No Consolidation of Pending Motions to Reopen: Cruz‑Lopez v. Bondi (6th Cir. 2025) Introduction In Jovita Cruz‑Lopez v. Pamela...

Reaffirming the “Zone of Choice” in Social Security Cases: ALJ’s Global Record Statement Suffices for Combined-Impacts Review and Omission of Nonfunctional Lab Results Is Not Error

Date: Nov 16, 2025

Reaffirming the “Zone of Choice” in Social Security Cases: ALJ’s Global Record Statement Suffices for Combined-Impacts Review and Omission of Nonfunctional Lab Results Is Not Error Introduction This...

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