federal Case Commentaries

No Magic Words: Implied “Reasonable Efforts” Under Rule 4(m) and a Heightened Deliberate-Indifference/Monell Showing in Prisoner § 1983 Suits

Date: Nov 9, 2025

No Magic Words: Implied “Reasonable Efforts” Under Rule 4(m) and a Heightened Deliberate-Indifference/Monell Showing in Prisoner § 1983 Suits Introduction In James Daryl West v. Sabrina Schultz, the...

No Police-Report Hearsay to Prove Dram Shop Liability at Summary Judgment: Eleventh Circuit Affirms Strict Application of FRE 803(8), 804(b)(3), and 807 in Hambrick v. Wells Fargo

Date: Nov 9, 2025

No Police-Report Hearsay to Prove Dram Shop Liability at Summary Judgment: Eleventh Circuit Affirms Strict Application of FRE 803(8), 804(b)(3), and 807 in Hambrick v. Wells Fargo Court: U.S. Court...

AEDPA Deference and Florida Arson Sentencing: No Double Jeopardy Relief for Dual Convictions of Arson of a Dwelling and Arson Causing Great Bodily Harm

Date: Nov 9, 2025

AEDPA Deference and Florida Arson Sentencing: No Double Jeopardy Relief for Dual Convictions of Arson of a Dwelling and Arson Causing Great Bodily Harm Introduction In Joseph Haas v. Secretary,...

Clisby’s “All Claims” Rule Requires Clear, Independent Pleading: Eleventh Circuit Affirms Where Plea-Advice Ineffective-Assistance Theory Was Not Distinctly Pled

Date: Nov 9, 2025

Clisby’s “All Claims” Rule Requires Clear, Independent Pleading: Eleventh Circuit Affirms Where Plea-Advice Ineffective-Assistance Theory Was Not Distinctly Pled Introduction In Manuel Emilio Alvarez...

Perceived Speech, No Conduct Required: Eleventh Circuit Clarifies Heffernan Applies to Public-Employee Retaliation Even Where the Employee Did Nothing

Date: Nov 9, 2025

Perceived Speech, No Conduct Required: Eleventh Circuit Clarifies Heffernan Applies to Public-Employee Retaliation Even Where the Employee Did Nothing Introduction This commentary analyzes the...

Practical Antagonism, Not Formal Deadlock, Controls Realignment in Derivative LLC Actions

Date: Nov 9, 2025

Practical Antagonism, Not Formal Deadlock, Controls Realignment in Derivative LLC Actions Case: Qatalyst Inc v. Pipes.AI, LLC, et al. Court: United States Court of Appeals for the Eleventh Circuit...

Leaving to Avoid Overtime for Prenatal Spousal Care May Be Protected FMLA Leave; Employer’s Failure to Notify Can Proximately Cause Termination — Commentary on James v. FedEx Freight (11th Cir. 2025)

Date: Nov 9, 2025

Leaving to Avoid Overtime for Prenatal Spousal Care May Be Protected FMLA Leave; Employer’s Failure to Notify Can Proximately Cause Termination — Commentary on James v. FedEx Freight (11th Cir. 2025)...

Objective “Reasonably Believable” Standard Governs “Credible Threats of Violence” under U.S.S.G. § 4C1.1, with Keene-Based Harmless-Error Backstop

Date: Nov 9, 2025

Objective “Reasonably Believable” Standard Governs “Credible Threats of Violence” under U.S.S.G. § 4C1.1, with Keene-Based Harmless-Error Backstop Introduction In United States v. Alexandre Ovadia,...

Compassionate Release After the 2023 Guideline Amendments: Eleventh Circuit Reaffirms that § 3553(a) Alone Can Defeat Relief (United States v. Varela)

Date: Nov 9, 2025

Compassionate Release After the 2023 Guideline Amendments: Eleventh Circuit Reaffirms that § 3553(a) Alone Can Defeat Relief Introduction In United States v. Danny Varela, No. 25-11314 (11th Cir....

United States v. Forbes: Acquitted Conduct Still Usable at Pre–Amendment 826 Sentencings; Lay “Code-Word” Testimony Upheld; §2D1.1(b)(1) Firearm Enhancement Requires Less Than §924(c)

Date: Nov 9, 2025

United States v. Forbes: Acquitted Conduct Still Usable at Pre–Amendment 826 Sentencings; Lay “Code-Word” Testimony Upheld; §2D1.1(b)(1) Firearm Enhancement Requires Less Than §924(c) Court: U.S....

State Law at the Time of the Prior Conviction Controls: Eleventh Circuit Reaffirms Dubois Rule for Guidelines “Controlled Substance Offense” Predicates

Date: Nov 9, 2025

State Law at the Time of the Prior Conviction Controls: Eleventh Circuit Reaffirms Dubois Rule for Guidelines “Controlled Substance Offense” Predicates Introduction In United States v. Jacklin...

Divisibility of N.J. § 2C:14‑2c and Predicate “Sex Offense Conviction” Status under U.S.S.G. § 4B1.5(a): Eleventh Circuit’s Analysis in United States v. Hass

Date: Nov 9, 2025

Divisibility of N.J. § 2C:14‑2c and Predicate “Sex Offense Conviction” Status under U.S.S.G. § 4B1.5(a): Eleventh Circuit’s Analysis in United States v. Hass Introduction In United States v. Hass...

United States v. Hill: Timeliness and Materiality as Gatekeepers—No Brady Duty for State-Held Evidence and No CI Disclosure When Informant Is Peripheral

Date: Nov 9, 2025

United States v. Hill: Timeliness and Materiality as Gatekeepers—No Brady Duty for State-Held Evidence and No CI Disclosure When Informant Is Peripheral Introduction In this unpublished, per curiam...

United States v. Lagary Williams: Eleventh Circuit Reaffirms No-Notice Rule for Upward Variances and Permits Use of Uncharged Overdose Death Under § 3553(a)

Date: Nov 9, 2025

United States v. Lagary Williams: Eleventh Circuit Reaffirms No-Notice Rule for Upward Variances and Permits Use of Uncharged Overdose Death Under § 3553(a) Court: U.S. Court of Appeals for the...

No Bona Fide Doubt, No Hearing: Eleventh Circuit Reaffirms Trial-Court Discretion to Decline Mid‑Trial Competency Re‑Evaluation and to Impose an Upward § 3553(a) Variance

Date: Nov 9, 2025

No Bona Fide Doubt, No Hearing: Eleventh Circuit Reaffirms Trial-Court Discretion to Decline Mid‑Trial Competency Re‑Evaluation and to Impose an Upward § 3553(a) Variance Case: United States v....

Sixth Circuit Clarifies: Complete Denial of Union Intervention Is Immediately Appealable; Police Union May Intervene as of Right at the Liability Stage When Monell Claims Target CBA-Rooted Policies

Date: Nov 9, 2025

Sixth Circuit Clarifies: Complete Denial of Union Intervention Is Immediately Appealable; Police Union May Intervene as of Right at the Liability Stage When Monell Claims Target CBA-Rooted Policies...

Night Blindness Can Qualify as an ADA Disability: Sixth Circuit Affirms Broad ADAAA Standard and Protects Good‑Faith Accommodation Requests

Date: Nov 9, 2025

Night Blindness Can Qualify as an ADA Disability: Sixth Circuit Affirms Broad ADAAA Standard and Protects Good‑Faith Accommodation Requests Introduction In Rebecca Edwards v. Shelby County, Tennessee...

Tenth Circuit Clarifies: Requests to Reply to a Magistrate’s R&R Do Not Toll the Appeal Deadline; Finality Assessed on the Face of the Judgment

Date: Nov 9, 2025

Tenth Circuit Clarifies: Requests to Reply to a Magistrate’s R&R Do Not Toll the Appeal Deadline; Finality Assessed on the Face of the Judgment Introduction In MacIntyre v. Supreme Court of Colorado,...

Tenth Circuit Confirms: § 1983 Injunctive/Declaratory Relief Requires Official-Capacity Suits; New Mexico Civil Rights Act Does Not Waive Eleventh Amendment Immunity in Federal Court

Date: Nov 9, 2025

Tenth Circuit Confirms: § 1983 Injunctive/Declaratory Relief Requires Official-Capacity Suits; New Mexico Civil Rights Act Does Not Waive Eleventh Amendment Immunity in Federal Court Introduction In...

When Video Shows Ongoing Resistance, K‑9 Force to Secure Handcuffs Is Not “Malicious and Sadistic” Under the Eighth Amendment

Date: Nov 9, 2025

When Video Shows Ongoing Resistance, K‑9 Force to Secure Handcuffs Is Not “Malicious and Sadistic” Under the Eighth Amendment Introduction This commentary examines the Seventh Circuit’s...

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