federal Case Commentaries

United States v. Terry: Post-Bruen Reaffirmation of § 922(g)(1) Constitutionality and Clarification of Sentencing-Explanation Duties

Date: Aug 13, 2025

United States v. Terry: Post-Bruen Reaffirmation of § 922(g)(1) Constitutionality and Clarification of Sentencing-Explanation Duties 1. Introduction United States v. Charod Terron Terry, an...

“Interstate Domestic Violence Ends at Death” – A Fourth-Circuit Limitation on § 2261 and on the Use-of-Fire Enhancement

Date: Aug 13, 2025

“Interstate Domestic Violence Ends at Death” – A Fourth-Circuit Limitation on 18 U.S.C. § 2261 and Confining the § 844(h)(1) Use-of-Fire Enhancement 1. Introduction In United States v. Lawrence...

The “Collective-Injury” Doctrine: A New Limitation on Smith Allocation in South Carolina Set-Off Law – Commentary on W.S. v. Cassandra Daniels, 4th Cir. (2025)

Date: Aug 13, 2025

The “Collective-Injury” Doctrine: A New Limitation on Smith Allocation in South Carolina Set-Off Law Commentary on W.S. v. Cassandra Daniels, et al. United States Court of Appeals for the Fourth...

“Collective Injury” Supplants Smith Allocation: The Fourth Circuit’s Affirmance of a Full Set-Off in W.S. v. Cassandra Daniels

Date: Aug 13, 2025

“Collective Injury” Supplants Smith Allocation: The Fourth Circuit’s Affirmance of a Full Set-Off in W.S. v. Cassandra Daniels Introduction The Fourth Circuit’s unpublished opinion in W.S. v....

“Jurisdiction First, Mootness Later” – The Tenth Circuit BAP’s Clarification on Stay-Relief Orders Entered Before Case Dismissal

Date: Aug 13, 2025

“Jurisdiction First, Mootness Later” – The Tenth Circuit BAP’s Clarification on Stay-Relief Orders Entered Before Case Dismissal 1. Introduction The Bankruptcy Appellate Panel (BAP) for the Tenth...

Eleventh Circuit Clarifies ADEA Prima Facie Proof: Replacement by a Younger Employee Is Enough — Commentary on Gallimore v. City of Opa-Locka

Date: Aug 13, 2025

Eleventh Circuit Clarifies ADEA Prima Facie Proof: Replacement by a Younger Employee Is Enough In-Depth Commentary on Sharon Gallimore v. City of Opa-Locka, No. 23-12241 (11th Cir. Aug. 6, 2025) 1....

United States v. Petersen (11th Cir. 2025): A Clearer Timeliness Standard for Successive Coram Nobis Petitions

Date: Aug 13, 2025

United States v. Petersen (11th Cir. 2025): A Clearer Timeliness Standard for Successive Coram Nobis Petitions Introduction In United States v. David Petersen, the Eleventh Circuit again confronted...

“When Futility Trumps the Right to Amend” – Eleventh Circuit Harmonises Rule 15(a)(1) with § 1915(e)(2) Screening in Willy Toussaint v. U.S. Attorney’s Office

Date: Aug 13, 2025

“When Futility Trumps the Right to Amend” – Eleventh Circuit Harmonises Rule 15(a)(1) with § 1915(e)(2) Screening in Willy Toussaint v. U.S. Attorney’s Office 1. Introduction The unpublished decision...

Second Circuit Clarifies the Reach of FDCA § 379r(a): Marketing and Pricing Claims for OTC Drugs Are Pre-empted When Success Would Impose Additional Label Requirements

Date: Aug 13, 2025

Second Circuit Clarifies the Reach of FDCA § 379r(a): Marketing and Pricing Claims for OTC Drugs Are Pre-empted When Success Would Impose Additional Label Requirements 1. Introduction In Collaza v....

Second Circuit Flexes Rule 62.1: Appellate Remand Permitted After Sua Sponte Indicative Ruling

Date: Aug 13, 2025

Second Circuit Flexes Rule 62.1: Appellate Remand Permitted After Sua Sponte Indicative Ruling Introduction In Gustavia Home LLC v. Hoyer; Hoyer v. Bank of America, the United States Court of Appeals...

Mosaic Health v. Sanofi-Aventis: A New Blueprint for Pleading Antitrust Conspiracies and Confirming 340B Safety-Net Provider Standing

Date: Aug 13, 2025

Mosaic Health v. Sanofi-Aventis: A New Blueprint for Pleading Antitrust Conspiracies and Confirming 340B Safety-Net Provider Standing 1. Introduction In Mosaic Health, Inc. v. Sanofi-Aventis U.S.,...

Third Circuit Re-Affirms Stringent Comparator Standard for “Class-of-One” Equal Protection Claims During Municipal Code Enforcement

Date: Aug 13, 2025

Third Circuit Re-Affirms Stringent Comparator Standard for “Class-of-One” Equal Protection Claims During Municipal Code Enforcement Charles Jaramillo et al. v. City of Coatesville et al., United...

Reaffirmation of “Crime of Violence” Status for Texas Aggravated Assault-By-Threat and the Limits of Equitable Tolling Based on Late Discovery of New Case Law – Commentary on Artiga Minera v. Bondi (5th Cir. 2025)

Date: Aug 13, 2025

Reaffirmation of “Crime of Violence” Status for Texas Aggravated Assault-By-Threat and the Limits of Equitable Tolling Based on Late Discovery of New Case Law Introduction The United States Court of...

Fifth Circuit Clarifies ADA Discrimination Standard for Heat-Exposure Claims and Reaffirms Non-Waivable Sovereign Immunity — A Commentary on Baughman v. Bowman

Date: Aug 13, 2025

Fifth Circuit Clarifies ADA Discrimination Standard for Heat-Exposure Claims and Reaffirms Non-Waivable Sovereign Immunity — A Commentary on Baughman v. Bowman 1. Introduction Baughman v. Bowman, No....

“Exhaustion as Accrual” – Brook v. Holzerland and the Fifth Circuit’s Clarification of FOIA & Privacy Act Limitation Periods

Date: Aug 13, 2025

“Exhaustion as Accrual” – Brook v. Holzerland and the Fifth Circuit’s Clarification of FOIA & Privacy Act Limitation Periods I. Introduction Brook v. Holzerland, Nos. 24-40640 & 25-40014 (5th Cir....

“Constructive Exhaustion Sets the Clock” – Commentary on Brook v. Holzerland (5th Cir. 2025)

Date: Aug 13, 2025

“Constructive Exhaustion Sets the Clock” – Fifth Circuit Clarifies FOIA & Privacy Act Accrual and Rejects Continuing-Violation Tolling Introduction Brook v. Holzerland, Nos. 24-40640 & 25-40014 (5th...

No Forgiveness Without Eligibility: Fifth Circuit Defines PPP Loan-Forgiveness Limits in Bruckner Truck Sales v. Guzman (2025)

Date: Aug 13, 2025

No Forgiveness Without Eligibility: Fifth Circuit Defines PPP Loan-Forgiveness Limits in Bruckner Truck Sales v. Guzman (2025) 1. Introduction The Fifth Circuit’s decision in Bruckner Truck Sales,...

“Performance Alone Does Not Rebut Article 1947” – A Comprehensive Commentary on CAM Logistics v. Pratt Industries

Date: Aug 13, 2025

“Performance Alone Does Not Rebut Article 1947” CAM Logistics, L.L.C. v. Pratt Industries — Fifth Circuit, 2025 1. Introduction This appeal presented the Fifth Circuit with a deceptively simple...

Commentary on Doe v. Kerrville ISD: “Parental Obstruction as a Shield – Refining Deliberate-Indifference Standards under Title IX and § 1983”

Date: Aug 13, 2025

Parental Obstruction as a Shield – Refining Deliberate-Indifference Standards under Title IX and § 1983 Introduction In Doe v. Kerrville ISD, No. 24-50394 (5th Cir. Aug. 6 2025), the United States...

Unsupported Allegations and PADS Waivers: Fifth Circuit Narrows Mississippi’s McArn Exceptions in Greene v. Entergy Operations

Date: Aug 13, 2025

Unsupported Allegations and PADS Waivers: Fifth Circuit Narrows Mississippi’s McArn Exceptions in Greene v. Entergy Operations 1. Introduction In Greene v. Entergy Operations, Inc., No. 24-60603 (5th...

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