federal Case Commentaries

Ordinary-Meaning Rule Defines “Trade or Craft” as Manual/Artistic Skill and Limits ERISA Deference to the Administrator’s Stated Reasons

Date: Nov 8, 2025

Ordinary-Meaning Rule Defines “Trade or Craft” as Manual/Artistic Skill and Limits ERISA Deference to the Administrator’s Stated Reasons Introduction In Clyde Rombach, III v. Plumbers Local Union No....

Contemporaneous Falsity and Strategic-Review Disclosures Defeat Omission-Based Securities Claims

Date: Nov 8, 2025

Contemporaneous Falsity and Strategic-Review Disclosures Defeat Omission-Based Securities Claims Introduction In a non-precedential but instructive decision, the U.S. Court of Appeals for the Third...

United States v. Marc Anthony: Third Circuit clarifies that mental impairment and low Miranda-comprehension testing do not, without police coercion, invalidate a Miranda waiver; “knowing and intelligent” appeal carveouts construed to encompass voluntariness

Date: Nov 8, 2025

United States v. Marc Anthony: Third Circuit clarifies that mental impairment and low Miranda-comprehension testing do not, without police coercion, invalidate a Miranda waiver; “knowing and...

Credible Testimony Is Not Enough: Fifth Circuit Confirms IJs May Demand Reasonably Obtainable Corroboration for VAWA Cancellation and Enforces Exhaustion of Niz‑Chavez Stop‑Time Claims

Date: Nov 8, 2025

Credible Testimony Is Not Enough: Fifth Circuit Confirms IJs May Demand Reasonably Obtainable Corroboration for VAWA Cancellation and Enforces Exhaustion of Niz‑Chavez Stop‑Time Claims Introduction...

Additional Straight‑Time Pay Does Not Defeat the HCE Salary‑Basis Test; Magistrate Judges May Tax Costs Under Rule 54(d)(1): Commentary on Descant v. CTCI Americas (5th Cir. 2025)

Date: Nov 8, 2025

Additional Straight‑Time Pay Does Not Defeat the HCE Salary‑Basis Test; Magistrate Judges May Tax Costs Under Rule 54(d)(1) Introduction In Descant v. CTCI Americas, No. 25‑40112 (5th Cir. Nov. 6,...

Fifth Circuit Holds Unrebutted, Defendant‑Specific Forfeiture Orders Can Establish the $10,000 Threshold for Aggravated‑Felony Money‑Laundering Determinations

Date: Nov 8, 2025

Fifth Circuit Holds Unrebutted, Defendant‑Specific Forfeiture Orders Can Establish the $10,000 Threshold for Aggravated‑Felony Money‑Laundering Determinations Introduction In Dominguez Reyes v....

“Melting Ice Is Not Enough”: Fifth Circuit Refines Creation and Temporal Proof Under Louisiana’s Merchant Liability Act

Date: Nov 8, 2025

“Melting Ice Is Not Enough”: Fifth Circuit Refines Creation and Temporal Proof Under Louisiana’s Merchant Liability Act Introduction In Howard v. Brookshire Grocery Company (Super 1 Foods), No....

Reese v. United Petroleum Transports: Fifth Circuit Reaffirms Gonzalez–Caston Factors for Appointing Counsel in Title VII Cases and Enforces Ragas’s Specific-Evidence Requirement on Appeal

Date: Nov 8, 2025

Reese v. United Petroleum Transports: Fifth Circuit Reaffirms Gonzalez–Caston Factors for Appointing Counsel in Title VII Cases and Enforces Ragas’s Specific-Evidence Requirement on Appeal...

Benefits Determinations Disguised as FTCA Medical Negligence Are Jurisdictionally Barred: The Fifth Circuit’s Reaffirmation in Smart v. United States

Date: Nov 8, 2025

Benefits Determinations Disguised as FTCA Medical Negligence Are Jurisdictionally Barred: The Fifth Circuit’s Reaffirmation in Smart v. United States Introduction In Smart v. United States, No....

Moody’s Comparative Facial-Challenge Framework Governs: Fifth Circuit Vacates Drag-Show Injunction and Limits Standing to AG’s Enforcement of S.B. 12 Section One

Date: Nov 8, 2025

Moody’s Comparative Facial-Challenge Framework Governs: Fifth Circuit Vacates Drag-Show Injunction and Limits Standing to AG’s Enforcement of S.B. 12 Section One Introduction In Woodlands Pride v....

No Per Se Prejudice from Lost Appeal; Electronic Service Starts Reopening Clock — Azamov v. Bondi (2d Cir. 2025)

Date: Nov 8, 2025

No Per Se Prejudice from Lost Appeal; Electronic Service Starts Reopening Clock — Azamov v. Bondi (2d Cir. 2025) Court: United States Court of Appeals for the Second Circuit (Summary Order —...

Speculation Is Not Prejudice: The Second Circuit’s Doubly Deferential Strickland–AEDPA Framework Illustrated in Cortez v. Kopp

Date: Nov 8, 2025

Speculation Is Not Prejudice: The Second Circuit’s Doubly Deferential Strickland–AEDPA Framework Illustrated in Cortez v. Kopp Note: This decision is a Summary Order of the U.S. Court of Appeals for...

Precision Required in Big Apple Map Prior Written Notice and Bar on Post‑Discovery Expansion of § 50‑e Claim Locations

Date: Nov 8, 2025

Precision Required in Big Apple Map Prior Written Notice and Bar on Post‑Discovery Expansion of § 50‑e Claim Locations Case: Lieder v. City of New York, No. 24-3071-cv (2d Cir. Nov. 6, 2025) (summary...

Preservation Is Paramount: Second Circuit Affirms Verdict in Tatas v. Ali Baba’s Terrace Inc. on Waiver, Plain Error, and Rule 403 Discretion

Date: Nov 8, 2025

Preservation Is Paramount: Second Circuit Affirms Verdict in Tatas v. Ali Baba’s Terrace Inc. on Waiver, Plain Error, and Rule 403 Discretion Introduction In a non-precedential summary order, the...

“Good Cause” Means New, Uncontrollable Grounds Plus Diligence: Second Circuit Clarifies § 1455(b)(1) and Reopens the Door to Post‑Trial Federal Officer Removal in New York v. Trump

Date: Nov 8, 2025

“Good Cause” Means New, Uncontrollable Grounds Plus Diligence: Second Circuit Clarifies § 1455(b)(1) and Reopens the Door to Post‑Trial Federal Officer Removal in New York v. Trump Introduction This...

Attaching QWRs Saves a RESPA Claim from Summary Judgment; Borrower Default Bars Contract Claims and Supports Foreclosure — Eleventh Circuit’s Partial Remand in Embry v. Carrington

Date: Nov 8, 2025

Attaching QWRs Saves a RESPA Claim from Summary Judgment; Borrower Default Bars Contract Claims and Supports Foreclosure — Eleventh Circuit’s Partial Remand in Embry v. Carrington Note: This is an...

Residence Alone Is Not Enough: Eleventh Circuit Reaffirms Plaintiff’s Burden to Allege and Prove Florida Contacts for Personal Jurisdiction Over Nonresident Defendants

Date: Nov 8, 2025

Residence Alone Is Not Enough: Eleventh Circuit Reaffirms Plaintiff’s Burden to Allege and Prove Florida Contacts for Personal Jurisdiction Over Nonresident Defendants Court: U.S. Court of Appeals...

Ordinary Criminality Is Not Nexus: Eleventh Circuit Reaffirms Pecuniary-Motive Rule and Rejects Imputed Anti‑Gang Political Opinion in Osorio‑Villalobos

Date: Nov 8, 2025

Ordinary Criminality Is Not Nexus: Eleventh Circuit Reaffirms Pecuniary-Motive Rule and Rejects Imputed Anti‑Gang Political Opinion in Osorio‑Villalobos Introduction In this unpublished, per curiam...

Reaffirming Deference to Adverse Credibility Findings and the Chenery/Bagamasbad Limits on Appellate Review When the BIA Denies on Credibility Alone

Date: Nov 8, 2025

Reaffirming Deference to Adverse Credibility Findings and the Chenery/Bagamasbad Limits on Appellate Review When the BIA Denies on Credibility Alone Introduction In Sakib Ahmod v. U.S. Attorney...

Eleventh Circuit: Receiving a Non‑EEOC Subpoena Is Not Protected “Participation” Under Title VII; Two Isolated Advances Insufficiently Severe or Pervasive; Stray Age Remarks Don’t Prove Pretext

Date: Nov 8, 2025

Eleventh Circuit: Receiving a Non‑EEOC Subpoena Is Not Protected “Participation” Under Title VII; Two Isolated Advances Insufficiently Severe or Pervasive; Stray Age Remarks Don’t Prove Pretext Case:...

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