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  • Commentaries
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federal Case Commentaries

No Express Post-Termination Clause, No Renewal Commissions: Fifth Circuit Clarifies Maryland Law on Captive Agents’ Rights in Sims Agency v. GEICO

No Express Post-Termination Clause, No Renewal Commissions: Fifth Circuit Clarifies Maryland Law on Captive Agents’ Rights in Sims Agency v. GEICO

Date: Nov 16, 2025
No Express Post-Termination Clause, No Renewal Commissions: Fifth Circuit Clarifies Maryland Law on Captive Agents’ Rights in Sims Agency v. GEICO Introduction In Sims Agency, L.L.C. v. Government...
Extreme Speeding, Without Specific Warnings or Other Aggravating Factors, Is Not Willful and Wanton Negligence Under Virginia Law

Extreme Speeding, Without Specific Warnings or Other Aggravating Factors, Is Not Willful and Wanton Negligence Under Virginia Law

Date: Nov 16, 2025
Extreme Speeding, Without Specific Warnings or Other Aggravating Factors, Is Not Willful and Wanton Negligence Under Virginia Law Introduction In Vasterling v. Dirle, No. 23-1702 (4th Cir. Nov. 12,...
Partial Disclosure Triggers Inquiry Notice: Fourth Circuit Clarifies Tolling, Accrual, and Unjust Enrichment in Mission Integrated Technologies, LLC v. Clemente

Partial Disclosure Triggers Inquiry Notice: Fourth Circuit Clarifies Tolling, Accrual, and Unjust Enrichment in Mission Integrated Technologies, LLC v. Clemente

Date: Nov 16, 2025
Partial Disclosure Triggers Inquiry Notice: Fourth Circuit Clarifies Tolling, Accrual, and Unjust Enrichment in Mission Integrated Technologies, LLC v. Clemente Introduction This published Fourth...
NYCHRL Disparate Impact after Allen v. City of New York: “Significant Business Objective” Defense Prevails Absent Substantial Evidence of Less Discriminatory Alternatives

NYCHRL Disparate Impact after Allen v. City of New York: “Significant Business Objective” Defense Prevails Absent Substantial Evidence of Less Discriminatory Alternatives

Date: Nov 16, 2025
NYCHRL Disparate Impact after Allen v. City of New York: “Significant Business Objective” Defense Prevails Absent Substantial Evidence of Less Discriminatory Alternatives Court: U.S. Court of Appeals...
Strict Enforcement of Rule 72(b) Waiver and the No-Reliance/No-Duty Triad: Second Circuit Affirms Dismissal of Landlords’ Claims Against Airbnb

Strict Enforcement of Rule 72(b) Waiver and the No-Reliance/No-Duty Triad: Second Circuit Affirms Dismissal of Landlords’ Claims Against Airbnb

Date: Nov 16, 2025
Strict Enforcement of Rule 72(b) Waiver and the No-Reliance/No-Duty Triad: Second Circuit Affirms Dismissal of Landlords’ Claims Against Airbnb Case: Baldeo v. Airbnb, No. 24-1238-cv (2d Cir. Nov....
No “Timing” Exception to PLRA Exhaustion for Religious Observances: Second Circuit Reaffirms Strict Exhaustion and Deference to Credibility Findings

No “Timing” Exception to PLRA Exhaustion for Religious Observances: Second Circuit Reaffirms Strict Exhaustion and Deference to Credibility Findings

Date: Nov 16, 2025
No “Timing” Exception to PLRA Exhaustion for Religious Observances: Second Circuit Reaffirms Strict Exhaustion and Deference to Credibility Findings Case: Josey v. Bell, No. 24-1747-pr (2d Cir. Nov....
Cole v. Foxmar, Inc.: Proportionality Is Not a Permissible Basis to Reduce Attorney’s Fees Under Vermont’s One‑Sided Fee‑Shifting Statutes

Cole v. Foxmar, Inc.: Proportionality Is Not a Permissible Basis to Reduce Attorney’s Fees Under Vermont’s One‑Sided Fee‑Shifting Statutes

Date: Nov 16, 2025
Cole v. Foxmar, Inc.: Proportionality Is Not a Permissible Basis to Reduce Attorney’s Fees Under Vermont’s One‑Sided Fee‑Shifting Statutes Court: U.S. Court of Appeals for the Second Circuit Date:...
No Standing to Challenge Search of a Companion Vehicle; Unbriefed Good-Faith Reliance Waives Probable-Cause Attacks; Upward Variance Above a Statutory-Minimum Guideline Term Upheld — United States v. Michael Joe Green, II (11th Cir. 2025)

No Standing to Challenge Search of a Companion Vehicle; Unbriefed Good-Faith Reliance Waives Probable-Cause Attacks; Upward Variance Above a Statutory-Minimum Guideline Term Upheld — United States v. Michael Joe Green, II (11th Cir. 2025)

Date: Nov 16, 2025
No Standing to Challenge Search of a Companion Vehicle; Unbriefed Good-Faith Reliance Waives Probable-Cause Attacks; Upward Variance Above a Statutory-Minimum Guideline Term Upheld United States v....
Exploiting a Power Imbalance: Eleventh Circuit Affirms Hobbs Act Convictions Without Explicit Threat or Proven Actual Power (United States v. Sharon Barnes Sutton)

Exploiting a Power Imbalance: Eleventh Circuit Affirms Hobbs Act Convictions Without Explicit Threat or Proven Actual Power (United States v. Sharon Barnes Sutton)

Date: Nov 16, 2025
Exploiting a Power Imbalance: Eleventh Circuit Affirms Hobbs Act Convictions Without Explicit Threat or Proven Actual Power Introduction In United States v. Sharon Barnes Sutton, No. 23-10669 (11th...
No Presumption of Vindictiveness from Speedy Trial Act Dismissal; Modus Operandi Joinder Upheld; Flight After Superseding Indictment Admissible — United States v. Conley (6th Cir. 2025)

No Presumption of Vindictiveness from Speedy Trial Act Dismissal; Modus Operandi Joinder Upheld; Flight After Superseding Indictment Admissible — United States v. Conley (6th Cir. 2025)

Date: Nov 16, 2025
No Presumption of Vindictiveness from Speedy Trial Act Dismissal; Modus Operandi Joinder Upheld; Flight After Superseding Indictment Admissible Case: United States v. Bryan Douglas Conley, No....
“Involves Possession” Does Not Require Personal Possession: Sixth Circuit Clarifies Grade A Violations Under USSG §7B1.1 in United States v. Keno Lane

“Involves Possession” Does Not Require Personal Possession: Sixth Circuit Clarifies Grade A Violations Under USSG §7B1.1 in United States v. Keno Lane

Date: Nov 16, 2025
“Involves Possession” Does Not Require Personal Possession: Sixth Circuit Clarifies Grade A Violations Under USSG §7B1.1 in United States v. Keno Lane Introduction This commentary examines the Sixth...
Interstate Nexus for Email Wire Fraud and Concealment via Altered Titles: The Tenth Circuit clarifies aiding-and-abetting and money-laundering under 18 U.S.C. §§ 2, 1343, and 1956 in United States v. Cunningham

Interstate Nexus for Email Wire Fraud and Concealment via Altered Titles: The Tenth Circuit clarifies aiding-and-abetting and money-laundering under 18 U.S.C. §§ 2, 1343, and 1956 in United States v. Cunningham

Date: Nov 16, 2025
Interstate Nexus for Email Wire Fraud and Concealment via Altered Titles: The Tenth Circuit clarifies aiding-and-abetting and money-laundering under 18 U.S.C. §§ 2, 1343, and 1956 in United States v....
TSOs Are “Investigative or Law Enforcement Officers” Under the FTCA’s Law-Enforcement Proviso: Eleventh Circuit Aligns with National Consensus

TSOs Are “Investigative or Law Enforcement Officers” Under the FTCA’s Law-Enforcement Proviso: Eleventh Circuit Aligns with National Consensus

Date: Nov 15, 2025
TSOs Are “Investigative or Law Enforcement Officers” Under the FTCA’s Law-Enforcement Proviso: Eleventh Circuit Aligns with National Consensus Introduction This published decision from the U.S. Court...
Broad “Relating To” Under § 2251(e) Survives Plain-Error Review: Applying the Enhancement to an Illinois Predicate that Also Protects Adults with Severe Intellectual Disabilities

Broad “Relating To” Under § 2251(e) Survives Plain-Error Review: Applying the Enhancement to an Illinois Predicate that Also Protects Adults with Severe Intellectual Disabilities

Date: Nov 15, 2025
Broad “Relating To” Under § 2251(e) Survives Plain-Error Review: Applying the Enhancement to an Illinois Predicate that Also Protects Adults with Severe Intellectual Disabilities Introduction In...
Cross‑Docket Pre‑Filing Injunctions and the Limits of “Seizure‑by‑Process”: Commentary on Ferrara v. Travis County

Cross‑Docket Pre‑Filing Injunctions and the Limits of “Seizure‑by‑Process”: Commentary on Ferrara v. Travis County

Date: Nov 15, 2025
Cross‑Docket Pre‑Filing Injunctions and the Limits of “Seizure‑by‑Process”: Commentary on Ferrara v. Travis County Introduction In Ferrara v. Travis County, the Fifth Circuit (summary calendar, per...
Prewitt v. McDaniel: No Jury/Venue Rights for Petty Traffic Offenses and Objective, Fact-Based Recusal Only

Prewitt v. McDaniel: No Jury/Venue Rights for Petty Traffic Offenses and Objective, Fact-Based Recusal Only

Date: Nov 15, 2025
Prewitt v. McDaniel: No Jury/Venue Rights for Petty Traffic Offenses and Objective, Fact-Based Recusal Only Court: United States Court of Appeals for the Fifth Circuit Date: November 11, 2025 Docket...
Death-Resulting Conduct May Support a Statutory-Max Upward Variance Under §3553(a) After the 2024 §2D1.1 Amendment: United States v. Horton (5th Cir. 2025)

Death-Resulting Conduct May Support a Statutory-Max Upward Variance Under §3553(a) After the 2024 §2D1.1 Amendment: United States v. Horton (5th Cir. 2025)

Date: Nov 15, 2025
Death-Resulting Conduct May Support a Statutory-Max Upward Variance Under §3553(a) After the 2024 §2D1.1 Amendment Commentary on United States v. Horton, No. 24-50938 (5th Cir. Nov. 11, 2025)...
Substance Matters: Third Circuit Affirms that the Totality of an Employer’s Contract Proposals Can Evidence Bad-Faith Bargaining; Impasse Barred and Remedy Challenges Forfeited Absent §10(e) Preservation

Substance Matters: Third Circuit Affirms that the Totality of an Employer’s Contract Proposals Can Evidence Bad-Faith Bargaining; Impasse Barred and Remedy Challenges Forfeited Absent §10(e) Preservation

Date: Nov 13, 2025
Substance Matters: Third Circuit Affirms that the Totality of an Employer’s Contract Proposals Can Evidence Bad-Faith Bargaining; Impasse Barred and Remedy Challenges Forfeited Absent §10(e)...
Preserve It or Lose It: Third Circuit Requires Section 10(e) Preservation to Challenge Thryv Make‑Whole Remedies and Affirms Bad‑Faith Bargaining Based on the Substance of Employer Proposals

Preserve It or Lose It: Third Circuit Requires Section 10(e) Preservation to Challenge Thryv Make‑Whole Remedies and Affirms Bad‑Faith Bargaining Based on the Substance of Employer Proposals

Date: Nov 13, 2025
Preserve It or Lose It: Third Circuit Requires Section 10(e) Preservation to Challenge Thryv Make‑Whole Remedies and Affirms Bad‑Faith Bargaining Based on the Substance of Employer Proposals...
Fifth Circuit Clarifies: Absenteeism Alone Does Not Trigger IDEA Child Find, and Attendance-Based Lack of Instruction Can Defeat Eligibility

Fifth Circuit Clarifies: Absenteeism Alone Does Not Trigger IDEA Child Find, and Attendance-Based Lack of Instruction Can Defeat Eligibility

Date: Nov 13, 2025
Fifth Circuit Clarifies: Absenteeism Alone Does Not Trigger IDEA Child Find, and Attendance-Based Lack of Instruction Can Defeat Eligibility Introduction In A.P. v. Pearland Independent School...
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